Effective Date of Rule: Immediately.

     Purpose: The modification of WAC 392-502-020 allows office of superintendent of public instruction (OSPI) to offer, if deemed necessary, a supplemental approval cycle for multidistrict on-line providers. This allows for an additional opportunity for multidistrict providers to be approved prior to the state basic education funding restrictions that begin with the 2011-12 school year, as per RCW 28A.250.060, helping to insure that students receive a quality education consistent with state standards.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-502-020.

     Statutory Authority for Adoption: RCW 28A.250.020.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: Between one and two percent of the state's student population participated in on-line learning last year, and OSPI's approval process, defined in chapter 392-502 WAC, plays an important quality assurance role. Beginning with the 2011-12 school year, OSPI approval of multidistrict on-line providers will be required for districts to claim state basic education funding for students enrolled in on-line courses or programs, with some exceptions. The current rules allow for two approval cycles to occur prior to the 2011-12 school year. The supplemental cycle proposed in this rule will allow for an additional opportunity for providers who either did not apply for the first two cycles, or were not approved during those opportunities. The supplemental cycle insures that students receive a quality education, consistent with state standards, and prevents disruption to the educational options available to students across the state.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 20, 2010.

Randy Dorn

State Superintendent

OTS-3731.1

AMENDATORY SECTION(Amending WSR 10-01-099, filed 12/17/09, effective 1/17/10)

WAC 392-502-020   Multidistrict on-line provider approval process and timeline.   (1) Multidistrict on-line providers as defined in WAC 392-502-010 must complete the approval process as specified in this subsection in order to be eligible for listing as an approved multidistrict provider on the OSPI web site; and for school districts to claim state basic education funding for students enrolled in those approved multidistrict on-line courses or programs beginning in the 2011-12 school year and to the extent otherwise allowed by state law.

     When questions arise whether an entity is subject to approval as a multidistrict on-line course or program provider, the final determination will be made by the superintendent of public instruction taking into consideration the intent of the SSB 5410 legislation.

     (2) The superintendent of public instruction shall make a first round of approval decisions by April 1, 2010, for those multidistrict on-line providers applying for approval. Subsequent approval decisions shall be made annually by November 1, 2010, and each subsequent year. If the superintendent of public instruction deems it necessary, a supplemental approval cycle may take place with approval decisions made by April 1, 2011.

	Application for approval available	Application due date	Approval decisions made by
Initial Approval	December 31, 2009	January 31, 2010	April 1, 2010
Fall 2010 Approval Cycle	July 1, 2010	September 1, 2010	November 1, 2010
Spring 2011 Supplemental Approval Cycle, if deemed necessary	December 31, 2010	January 31, 2011	April 1, 2011
Subsequent Approvals	April 1	September 1	November 1

For each of the dates on the table above, the effective dates move to the subsequent business day if they fall on a holiday or weekend; all are 5:00 p.m. deadlines.

     (3) Any multidistrict on-line provider that was approved by the digital learning commons or accredited by the Northwest association of accredited schools before July 26, 2009, and meets the Washington state teacher certification requirements is exempt from the initial approval process until August 31, 2012, but must comply with the process for renewal of approvals and must comply with approval requirements including the approval assurances and criteria.

     (4) If at the end of a given school year, the annual average headcount for that school year of students who reside outside the geographic boundaries of a school district or regional on-line learning program and are enrolled in a school district on-line program or regional on-line learning program increases to ten percent or more of the total program enrollment headcount, the program shall:

     (a) Be required to seek approval in the upcoming November cycle in order to be eligible to claim state basic education funding the subsequent school year.

     (b) Continue operating the year of the required review, but not the following school year unless approved as a multidistrict on-line provider.

     (5) Multidistrict on-line providers seeking approval will submit an application outlined on the superintendent of public instruction web site which will be reviewed for compliance with the requested assurances and designated approval criteria and must meet or exceed the acceptable defined score.

     (6) The superintendent of public instruction will notify provider applicants of the results of the review, including feedback about the assurances and criteria that were not in compliance, by April 1, 2010, for the initial round of approvals and by November 1, 2010, and each subsequent year after that.

     (7) Any modifications to the conditions for approval, required assurances, approval criteria, and application forms will appear on the superintendent of public instruction web site by July 1, 2010, and April 1st each subsequent year.

[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-020, filed 12/17/09, effective 1/17/10.]

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