WSR 10-09-026

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 13, 2010, 12:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-04-040.

Title of Rule and Other Identifying Information: WAC 392-121-136 Limitation of enrollment counts.

Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Wanamaker Conference Room, Olympia, WA, on May 27, 2010, at 10:30 a.m.

Date of Intended Adoption: May 27, 2010.

Submit Written Comments to: Becky McLean, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail becky.mclean@k12.wa.us, fax (360) 664-3683, by May 26, 2010.

Assistance for Persons with Disabilities: Contact Kristin Collins by May 26, 2010, TTY (360) 664-3631 or (360) 725-6270.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are proposing two changes to this WAC.

1. This proposed change would establish the basis of claiming summer school enrollment in skill centers that would align better with the nonmonthly schedule that skill centers programs are offered during the summer.

2. This proposed new rule change would limit a student's enrollment to a 2.0 FTE.

Reasons Supporting Proposal: 1. The current rule allows only for claiming students on the first school day of each summer month. Skill center programs are offered in short sessions that do not align with the monthly structure encompassed in this current rule. WAC 392-121-139 (1)(c) limits basic education and skill center enrollment to a 1.6 FTE.

2. WAC 392-121-139 (1)(c) limits basic education and skill center enrollment to a 1.6 FTE. WAC 392-169-057(1) speaks to the limitation between running start and basic education enrollment. However, there is no rule in place that addresses limitation between the three programs. Potentially, a student could enroll for the maximum allowed hours (13) and be counted as a 2.6 FTE. This rule change closes this unintended gap.

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 the superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capital Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: Calvin W. Brodie, Old Capital Building, 600 South Washington, Olympia, WA, (360) 725-6301; Enforcement: Shawn Lewis, Old Capital Building, 600 South Washington, Olympia, WA, (360) 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.

April 13, 2010

Randy Dorn

State Superintendent

OTS-3158.1


AMENDATORY SECTION(Amending WSR 09-01-172, filed 12/23/08, effective 1/23/09)

WAC 392-121-136   Limitation on enrollment counts.   Enrollment counts pursuant to WAC 392-121-106 through 392-121-133 are subject to the following limitations:

(1) Except as provided in (a), (b) and (c) of this subsection, no student, including a student enrolled in more than one school district, shall be counted as more than one full-time equivalent student on any count date or more than one annual average full-time equivalent student in any school year.

(a) School districts operating approved vocational skills center programs during the summer vacation months may claim additional full-time equivalent students based upon actual enrollment in such vocational skills centers on the ((first school day of July of each year)) aggregate of enrolled hours based upon the fourth day of each summer session. Each district operating an approved vocational skills center program shall be entitled to claim one annual average full-time equivalent student for each 900 hours of planned student enrollment for the summer term(s) ((based upon the July enrollment data)) subject to the limitation in (c) of this subsection.

(b) Enrollment count limitations apply separately to a student's running start, skills center and high school enrollments and is limited to an overall maximum 2.0 FTE.

(c) Subject to (b) of this subsection, a student enrolled in a skill center program during the regular school year may be claimed for up to a combined 1.6 full-time equivalent student.

((A)) Each student ((can)) may be claimed for a maximum of a 1.0 full-time equivalent for the skills center enrollment and a maximum of a 1.0 full-time equivalent for the student's high school enrollment subject to the overall 1.6 FTE maximum.

(2) Running start enrollment counts are limited as provided in chapter 392-169 WAC and specifically as provided in WAC 392-169-060.

(3) The full-time equivalent reported for a five year old preschool student with a disability is limited as provided in WAC 392-121-137.

(4) No kindergarten student, including a student enrolled in more than one school district, shall be counted as more than one-half of an annual average full-time equivalent student in any school year.

(5) A student reported as part-time on Form SPI E-672 shall not be reported by a school district for more than part-time basic education funding on that enrollment count date and the total enrollment reported by one or more school districts for basic education and on Form SPI E-672 must not exceed one full-time equivalent.

(6) Districts providing an approved state-funded full-day kindergarten program as provided in chapter 28A.150 RCW (from E2SSB 5841) may claim up to an additional 0.50 FTE based upon student enrolled hours in excess of the 0.50 FTE provided under subsection (4) of this section.

[Statutory Authority: RCW 28A.150.290. 09-01-172, 392-121-136, filed 12/23/08, effective 1/23/09; 08-04-010, 392-121-136, filed 1/24/08, effective 2/24/08; 97-22-013 (Order 97-06), 392-121-136, filed 10/27/97, effective 11/27/97; 95-01-013, 392-121-136, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. 91-02-096 (Order 50), 392-121-136, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-136, filed 1/11/88.]

Washington State Code Reviser's Office