Original Notice.

     Preproposal statement of inquiry was filed as WSR 13-04-028.

     Title of Rule and Other Identifying Information: WAC 392-122-423 and 392-122-424, full-day kindergarten program.

     Hearing Location(s): Office of Superintendent of Public Instruction, Wanamaker Conference Room, Old Capitol Building, 600 South Washington, Olympia, WA, on May 8, 2013, at 10:30 a.m.

     Date of Intended Adoption: May 9, 2013.

     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) 664-3631, by May 8, 2013.

     Assistance for Persons with Disabilities: Contact Wanda Griffin by May 1, 2013, TTY (360) 664-3631 or (360) 725-6270.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-122-423 and 392-122-424 require updating to address the following:

•	Update the eligibility determination for schools to qualify for state funded full-day kindergarten programs.

•	Update the funding process for state funded full-day kindergarten programs.

     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: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: JoLynn Berge, 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.

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

March 27, 2013

Randy Dorn

Superintendent of

Public Instruction

OTS-5344.1

AMENDATORY SECTION(Amending WSR 09-11-018, filed 5/8/09, effective 6/8/09)

WAC 392-122-423   Full-day kindergarten program -- Determination of eligibility.   Determination for eligibility for full-day kindergarten (FDK) programs is based on an individual school's poverty percentage from the prior school year.

     (1) ((By June 1st each)) Two weeks after the legislature adopts the state Operating Appropriations Act for the subsequent school year, the superintendent of public instruction shall develop and publish an eligibility list for FDK for the subsequent school year, pursuant to the legislative limitation parameters in the annual budget bill ((to include the specified percentage of kindergarten students to be served; which shall be further limited to the estimated annual funding for the full-day kindergarten program, as provided for in the state Operating Appropriations Act)). Should the governor veto all or a portion of the funding for FDK, the superintendent of public instruction shall modify the eligibility list as needed.

     (2) A school's poverty percentage is determined ((as the higher of the following items as reported for October of the previous year:

     (a) FRPL reported to child nutritional services at the superintendent of public instruction; or

     (b) FRPL reported in the core student records system; or

     (c) The percentage of students who qualify as a low-income student based on information provided by the school district that satisfies the requirements established in WAC 392-100-101(2) for those school districts that do not participate in the National School Lunch Program)) by the school's free and reduced priced lunch percentage eligibility for students in kindergarten through sixth grade from the prior school year's October 1st CEDARS report as of March 31st.

     (3) Funding amounts per school shall be calculated in accordance with the state Operating Appropriations Act and WAC 392-121-400.

     (((4) School districts shall receive funding for eligible schools as follows:

     (a) For September through December the additional FDK funding amount shall be calculated based upon one-half of the projected FDK enrollment submitted in the annual approved application.

     (b) Commencing with the January payment funding shall be based upon the year-to-date (YTD) average FDK enrollment reported by the district less one-half of the YTD average FDK reported headcount.

     (c) The remaining one-half of the YTD average FDK reported headcount will be paid under guaranteed entitlement funding on the Report 1191.))

[Statutory Authority: RCW 28A.150.290. 09-11-018, § 392-122-423, filed 5/8/09, effective 6/8/09.]

     (((1))) (a) Assurances that the school shall comply with all program requirements outlined in RCW 28A.150.315(1);

     (((2))) (b) Assurances that the district can provide the full-day kindergarten program for all children of parents who request it in each eligible school ((for which the district is including in their application (ref: Section 511(14), chapter 329, Laws of 2008);

     (3) A projected estimate of full-day kindergarten enrollment for each applicant school for the application year)); and

     (((4))) (c) Any other requirements as established by the office of superintendent of public instruction.

     (2) The superintendent shall approve the letters of acceptance that have met the requirements in subsection (1) of this section. If, after approving all of the letters of acceptance that were received that met the requirements in subsection (1) of this section, the superintendent determines that additional funding will be available, the superintendent shall notify school districts with schools that have the next highest levels of free and reduced price lunch eligibility that they are eligible.

     (3) The eligibility for FDK is determined based upon an individual building's student poverty and may not transfer to other buildings or students within the district.

[Statutory Authority: RCW 28A.150.290. 09-11-018, § 392-122-424, filed 5/8/09, effective 6/8/09.]