WSR 08-20-091




[ Filed September 29, 2008, 11:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-15-175.

Title of Rule and Other Identifying Information: WAC 392-122-221 Definition -- State institutional education program -- Enrollment exclusions.

Hearing Location(s): OSPI, Old Capitol Building, 600 Washington Street, Olympia, WA 98504, on November 6, 2008, at 9:00 a.m.

Date of Intended Adoption: November 7, 2008.

Submit Written Comments to: Mitch Thompson, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 725-6306, by November 5, 2008.

Assistance for Persons with Disabilities: Contact Clarice Nnanabu by November 5, 2008, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-122-221 defines the enrollment exclusions for an institution student. The intent of this WAC change is to clearly identify the priority of counting a student who is in the institution on the institution count date as well as in their regular school district on the school district's count date. This change helps to ensure that students are not double counted for enrollment purposes. Present institution WAC states if a student is counted for basic education on form P223, they cannot count the student for funding. Conversely, under the basic education WAC, it states that a student reported for institution education on form E672 cannot be counted for basic education funding. This change clearly identifies priority of student counting.

Reasons Supporting Proposal: This rule change applies the "what happened first" method to who has priority of counting the student. The change places into WAC previous guidance from OSPI.

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

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

Name of Proponent: [OSPI], governmental.

Name of Agency Personnel Responsible for Drafting: Mitch Thompson, OSPI, (360) 725-6306; Implementation: Calvin Brodie, OSPI, (360) 725-6301; and Enforcement: Jennifer Priddy, OSPI, (360) 725-66292 [725-6292].

No small business economic impact statement has been prepared under chapter 19.85 RCW.

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

September 25, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction


AMENDATORY SECTION(Amending WSR 01-24-002, filed 11/21/01, effective 12/22/01)

WAC 392-122-221   Definition -- State institutional education program -- Enrollment exclusions.   The following may not be counted as an enrolled institutional education program student:

(1) A person whose educational activity has terminated.

(2) A person who has transferred to another institution or school district.

(3) An institution student who:

(a) Has not engaged in educational activity in the past five school days, excluding days of excused absence;

(b) Has not engaged in educational activity in the past ten school days including days of excused absence; or

(c) Is claimed by any school district as an enrolled student eligible for state basic education support pursuant to chapter 392-121 WAC where the school district's count date occurs prior to the institution's count date for the month.

When the institution's count date and the school district's count date are on the same date, institutions shall have priority for counting the student.

[Statutory Authority: RCW 28A.150.290. 01-24-002, 392-122-221, filed 11/21/01, effective 12/22/01. Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-221, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 95-08-025, 392-122-221, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), 392-122-221, filed 1/10/92, effective 2/10/92.]

Washington State Code Reviser's Office