WSR 12-21-128

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 24, 2012, 9:40 a.m. , effective October 24, 2012, 9:40 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Chapter 392-124 WAC requires updating to address the following:


• Allow for state agencies to operate the National Guard youth challenge program, and report enrollment and receive apportionment directly from the office of superintendent of public instruction.
• Adjust the annual average full-time equivalency and headcount averaging calculation due to the new June enrollment reporting requirement.

     Citation of Existing Rules Affected by this Order: Amending chapter 392-124 WAC, National Guard youth challenge apportionment.

     Statutory Authority for Adoption: RCW 28A.150.290.

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: Chapter 392-124 WAC requires updating to align with current requirements in passed legislations.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 24, 2012.

Randy Dorn

State Superintendent

OTS-5098.1


AMENDATORY SECTION(Amending WSR 09-21-020, filed 10/9/09, effective 11/9/09)

WAC 392-124-010   Purpose.   The purpose of this chapter is to establish policies and procedures for the distribution of state moneys to school districts or state agencies for the National Guard youth challenge program authorized by RCW 28A.150.310.

[Statutory Authority: RCW 28A.150.310. 09-21-020, § 392-124-010, filed 10/9/09, effective 11/9/09.]


AMENDATORY SECTION(Amending WSR 09-21-020, filed 10/9/09, effective 11/9/09)

WAC 392-124-040   Definition -- Form P-223YC.   "Form P-223YC" means the report of ((school district)) enrollment for students enrolled in a National Guard youth challenge program submitted monthly by the hosting school district(s) or state agency to the superintendent of public instruction for the school year for the purpose of calculating the program allocations.

     (((1))) The count dates for the National Guard youth challenge program shall be:

     (((a))) (1) The fourth day of school in the months of January and July, or the start of the term of the educational program; and

     (((b))) (2) The first day of school in the months of February through June and the months of August through December.

     (((2) This report shall indicate the enrollment by resident school district and serving school district.))

[Statutory Authority: RCW 28A.150.310. 09-21-020, § 392-124-040, filed 10/9/09, effective 11/9/09.]


AMENDATORY SECTION(Amending WSR 09-21-020, filed 10/9/09, effective 11/9/09)

WAC 392-124-060   Definition -- Annual average full-time equivalency.   For the purposes of this chapter, annual average full-time equivalency shall be calculated by taking the annual total of full-time equivalent students enrolled on the twelve count dates of the school year and reported to the superintendent of public instruction Form P-223YC for the months of September through August divided by ((nine)) ten. This calculation applies to the reporting of basic education and vocational students.

[Statutory Authority: RCW 28A.150.310. 09-21-020, § 392-124-060, filed 10/9/09, effective 11/9/09.]


AMENDATORY SECTION(Amending WSR 09-21-020, filed 10/9/09, effective 11/9/09)

WAC 392-124-080   Definition -- Annual average headcount.   For the purposes of this chapter, annual average headcount shall be calculated by taking the ((sum)) annual total of the monthly headcounts as reported on Form P-223YC for the months of September through August divided by ((twelve)) ten. This calculation applies to the reporting of basic education, special education, and bilingual education students.

[Statutory Authority: RCW 28A.150.310. 09-21-020, § 392-124-080, filed 10/9/09, effective 11/9/09.]


AMENDATORY SECTION(Amending WSR 09-21-020, filed 10/9/09, effective 11/9/09)

WAC 392-124-100   Definition -- Apportionment.   Apportionment shall be paid to the school district or state agency operating the National Guard youth challenge program ((is operating within)) pursuant to chapter 28A.510 RCW.

[Statutory Authority: RCW 28A.150.310. 09-21-020, § 392-124-100, filed 10/9/09, effective 11/9/09.]


AMENDATORY SECTION(Amending WSR 09-21-020, filed 10/9/09, effective 11/9/09)

WAC 392-124-110   Definition -- Apportionment allocation.   The apportionment allocation shall be based and made consistent with state funding formulas with the following items set as:

     (1) The basic education funding rate shall be the basic state average rate as defined in WAC 392-124-030.

     (2) The vocational education funding rate shall be the vocational state average rate as defined in WAC 392-124-030.

     (3) The special education rate shall be 93.09% of the basic state average rate as defined in WAC 392-124-030 with the number of funded special education headcount limited to 12.7% of the reported basic education headcount.

     (4) Funding under the following categorical programs shall use the legislative provided formulas and rates. Categorical programs are subject to legislative allotment and program standards and include:

     (a) Highly capable;

     (b) Bilingual;

     (c) Learning assistance - Shall use the statewide average for the free and reduced price lunch rate((;

     (d) Student achievement)).

     (5) Funding for categorical programs and vocational education is subject to program approval by the superintendent of public instruction.

[Statutory Authority: RCW 28A.150.310. 09-21-020, § 392-124-110, filed 10/9/09, effective 11/9/09.]