WSR 07-23-006

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed November 8, 2007, 11:39 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-17-183.

Title of Rule and Other Identifying Information: WAC 392-121-122 Definition -- Full-time equivalent student.

Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Olympia, WA, on January 7, 2008, at 9:00 a.m.

Date of Intended Adoption: January 8, 2008.

Submit Written Comments to: Mitch Thompson, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Mitch.Thompson@k12.wa.us, fax (360) 725-6306.

Assistance for Persons with Disabilities: Contact Clarice Nnanabu by January 6, 2008, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To change the WAC to address correctly what the full-time equivalent is for a kindergartner.

Reasons Supporting Proposal: Current WAC identifies a full-time equivalent (FTE) kindergartner as two hours a day for one hundred eighty days or four hours a day for ninety days. This is the calculation for half-time FTE, not a full-time FTE. Districts could potentially claim a kindergartner who attends one hour a day as a half-time (0.50) FTE instead of a quarter-time (0.25) FTE. Changing the WAC clarifies the FTE as four hours a day for each day of the school year (seven hundred twenty hours, not the three hundred sixty currently stated).

Statutory Authority for Adoption: RCW 28A.150.290(1).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Mitch Thompson, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: Calvin W. Brodie, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: Jennifer Priddy, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328.

November 7, 2007

Dr. Terry Bergeson

State Superintendent

OTS-1019.1


AMENDATORY SECTION(Amending Order 97-06, filed 10/27/97, effective 11/27/97)

WAC 392-121-122   Definition -- Full-time equivalent student.   As used in this chapter, "full-time equivalent student" means each enrolled student in the school district as of one of the enrollment count dates for at least the minimum number of hours set forth in subsection (1) of this section, inclusive of class periods and normal class change passing time, but exclusive of noon intermissions: Provided, That each hour counted shall contain at least 50 minutes of instruction or supervised study provided by appropriate instructional staff. The purpose of recognizing "50 minute hours" is to provide flexibility to school districts which utilize block periods of instruction so long as students are ultimately under the jurisdiction of school staff for the equivalent of 60 minute hours: Provided further, That the hours set forth below shall be construed as annual average hours for the purposes of compliance with this chapter.

(1) The minimum hours for each grade are as follows:

(a) Kindergarten (((full-day))): 20 hours each week, or 4 hours (240 minutes) for ((90)) each scheduled school day((s));

(b) ((Kindergarten (half-day): 10 hours each week, or 2 hours (120 minutes) each scheduled school day;

(c))) Primary (grades 1 through 3): 20 hours each week, or 4 hours (240 minutes) each scheduled school day;

(((d))) (c) Elementary (grades 4 through 6): 25 hours each week, or 5 hours (300 minutes) each scheduled school day;

(((e))) (d) Secondary (grades 7 through 12): 25 hours each week, or 5 hours (300 minutes) each scheduled school day.

(2) Except as limited by WAC 392-121-136, a student enrolled for less than the minimum hours shown in subsection (1) of this section shall be counted as a partial full-time equivalent student equal to the student's hours of enrollment divided by the minimum hours for the student's grade level set forth in subsection (1) of this section.

(3) The full-time equivalent of a student's running start enrollment pursuant to RCW 28A.600.300 through 28A.600.400 shall be determined pursuant to chapter 392-169 WAC. If a running start student is enrolled both in high school courses provided by the school district and in running start courses provided by the college, the high school full-time equivalent and the running start full-time equivalent shall be determined separately.

(4) The full-time equivalent of University of Washington transition school students shall be determined pursuant to chapter 392-120 WAC.

(5) The full-time equivalent of a student's alternative learning experience shall be determined pursuant to WAC 392-121-182.

[Statutory Authority: RCW 28A.150.290. 97-22-013 (Order 97-06), 392-121-122, filed 10/27/97, effective 11/27/97; 95-01-013, 392-121-122, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-122, filed 1/11/88.]

Washington State Code Reviser's Office