SUPERINTENDENT OF

PUBLIC INSTRUCTION

The following definitions in this section apply throughout this chapter:

(1) "Agency" means an educational service district, nonprofit community-based organization, or public entity other than a college.

(2) "Annual average full-time equivalent (AAFTE)" means the total student monthly full-time equivalent (FTE) reported for each enrolled student in a school year divided by ten ((with the maximum being 1.0 per year)).

(3) "Attendance period requirement" is defined as, at minimum, two hours of face-to-face interaction with a designated program staff for the purpose of instruction, academic counseling, career counseling, or case management contact aggregated over the prior month.

(4) "CEDARS" refers to comprehensive educational data and research system, the statewide longitudinal data system of educational data for K-12 student information.

(((4))) (5) "College" means ((community)) college or technical college pursuant to chapters 28B-20 through 28B-50 RCW.

(((5))) (6) "Consortium" means a regional group of organizations that will consist of districts, and agencies and/or colleges who agree to work together to create and operate a program that will serve students from multiple districts and reduce the administrative burden on districts.

(((6))) (7) "Consortium agreement" means((:

(a))) the agreement that is signed by the authorized consortium lead and all district((s)) superintendents or their authorized officials which are part of the consortium and agree to refer eligible students to the consortium's program. This agreement will clearly outline the responsibilities of the consortium lead and those of the referring districts((; or

(b) The agreement that is signed by a district or college that is directly operating a program and all districts which agree to refer eligible students to the program. This agreement will clearly outline the responsibilities of the college or district directly operating the program and those of the referring districts)).

(((7))) (8) "Consortium lead" means the lead organization in a consortium that will assume the responsibilities outlined in WAC 392-700-042(3).

(9) "Count day" is the instructional day that is used to claim a program's enrollment for state funding pursuant to WAC 392-121-033. For September, the count day is the fourth instructional day. For the remaining months, the count day is the first instructional day.

(10) "Credential" is identified as one of the following:

(a) High school equivalency certificate;

(b) High school diploma;

(c) College certificate received after completion of a college program requiring at least forty hours of instruction;

(d) College degree; or

(e) Industry recognized certificate of completion of training or licensing received after completion of a program requiring at least forty hours of instruction.

(((10))) (11) "Enrolled student" is an eligible student whose enrollment and attendance meets the criteria adopted by the office of superintendent of public instruction (OSPI) specifically for the program and outlined in WAC 392-700-035 and 392-700-160, and is reported as an FTE for state funding.

(((11))) (12) "ERDC" refers to education research and data center, which conducts analyses of early learning, K-12, and higher education programs and education issues across the P-20 system that collaborates with legislative evaluation and accountability program and other statutory partner agencies.

(((12))) (13) "Full-time equivalent (FTE)" is the measurement of enrollment that an enrolled student can be claimed on a monthly basis with the maximum being 1.0 FTE per month for each student enrolled in a program.

(((13))) (14) "Indicator of academic progress" means standard academic benchmarks that are measures of academic performance which are attained by reengagement students. These indicators will be tracked and reported by the program and district for each student and for programs as a whole using definitions and procedures outlined by OSPI. Indicators of academic progress will be reported when a student does one of the following:

(15) "Instructional staff" means the following:

(a) For programs operated by ((or in partnership with)) a district, the instructional staff is a certificated instructional staff pursuant to WAC 392-121-205;

(b) For programs operated by ((or in partnership with)) a college, the instructional staff is one who is employed or appointed by the college whose required credentials are established by the college; and

(c) For programs operated by ((or in partnership with)) an agency, the instructional staff is one who is employed or appointed by the agency whose required credentials are established by the agency.

(15))) (16) "Letter of intent" means the document signed by the ((administrator of a district or college)) district, college or lead agency authorized official that specifically outlines to OSPI the required elements of a program that the district ((or)), college, or agency agree to implement.

(18))) (17) "Noninstructional staff" is any person employed in a position that is not an instructional staff as defined under subsection (13) of this section.

(((19))) (18) "OSPI" means the office of superintendent of public instruction.

(((20))) (19) "Program" means a statewide dropout reengagement program approved by OSPI, ((established through E2SHB 1418, and)) pursuant to RCW 28A.175.105.

(21) "School year" is the twelve-month period that begins ((in)) September 1st and ends ((in)) August 31st during which instruction is provided and FTE is reported.

(1) Students are eligible to enroll in a program when they meet the following criteria:

(a) Under twenty-one years of age, but at least sixteen years of age, as of September 1st;

(b) Have not yet met the high school graduation requirements of either the district, or the college under RCW 28B.50.535; and

(c) Are significantly behind in credit as outlined below:

(i) Students who, based on their expected graduation date, participated or could have participated in up to two full years of high school must have an earned to attempted credit ratio that is sixty-five percent or less; or

(ii) Students who, based on their expected graduation date, participated or could have participated in more than two full years of high school must have an earned to attempted ratio that is seventy-five percent or less.

(2) If not credit deficient as outlined in subsection (1)(c) of this section, have been:

(a) Recommended for enrollment by case managers from the department of social and health services, the juvenile justice system, district approved school personnel, or staff from community agencies which provide educational advocacy services;

(b) Are not currently enrolled in any high school or other educational program, excluding an approved skill center program or running start program, receiving state basic education funding; and

(c) Released from their district of residence and accepted by the serving district, if the program is operated by a different district.

(3) Once determined eligible for enrolling in the program, a student will retain eligibility, regardless of breaks in enrollment, until the student does one of the following:

(a) Earns a high school diploma;

(b) Earns an associate degree;

(c) Becomes ineligible because of age which occurs when a student is twenty-one years of age as of September 1st.

(4) A student's eligibility does not guarantee enrollment or continued enrollment in specific programs if the program determines that the student does not meet the program's enrollment criteria or if, after enrollment, a student's academic performance or conduct does not meet established program guidelines.

(1) Districts, agencies, and colleges are encouraged to work together to design programs and collaborations that will best serve students. Many models of operation are authorized as part of the statewide dropout reengagement system.

(a) In each of these models, the necessary agreement(s) will address whether the program will only serve students who are residents of the district or whether the program will also serve students who are not residents of the district but who petition for release from the resident district, pursuant to RCW 28A.225.220 through 28A.225.230, in order to attend the program. If the resident district does not participate in an OSPI approved program, another district, agency, or college may petition a district other than the resident district to enroll the eligible students under RCW 28A.225.220 through 28A.225.230 with the petitioning entity to provide a program for the eligible students.

(2) A district may enter into one of the following models of operations through the OSPI approval process:

(b) A district may work with other districts, with regional partner agencies, with colleges in or near the district to form a consortium.)) (a) Directly operate a program where the services are provided by the district resources; or

(3) The purpose of the consortium will be to create and operate a program that will serve students enrolled in multiple districts and reduce the administrative burden on districts. If such a regional reengagement consortium is implemented, a consortium lead agency will be identified and assume the following responsibilities:

(((i))) (a) Take the lead in organizing and managing the regional consortium;

(((ii))) (b) Provide information and technical assistance to districts interested in participating in the consortium and providing the opportunity for students from their district to enroll;

(iv) Develop interlocal agreements and contracts)) (c) Advance scopes of work with agencies and colleges to operate the programs;

(((v))) (d) Provide oversight and technical assistance to the program to ((ensure compliance)) align with all requirements of this chapter and the delivery of quality programming;

(((vi))) (e) Assist the program with the preparation of required reports, enrollment data, and course records needed by each district to enroll students, award credit, and report FTE and performance to OSPI;

(((vii))) (f) Facilitate data entry of required student data into each district's statewide student information system related to enrollment; and

(((viii))) (g) Work with the districts to facilitate the provision of special education and accommodations under Section 504 of the Rehabilitation Act of 1973.

(((c))) (4) A technical college receiving direct funding and authorized to enroll students under WAC 392-121-187 may directly operate a program and serve students referred from multiple districts. The technical college will assume the responsibilities of operating the program as described in this chapter and will meet all responsibilities outlined in WAC 392-121-187.

(((2))) (5) All programs must be approved by OSPI as follows:

(a) If the program is run by a district, agency or college, the program must be approved.

(b) If the program is run by a consortium, both the program and participating districts must be approved.

(((3))) (6) Dependent on the model of operations, OSPI will specify the necessary documentation required for approval.

(((4))) (7) OSPI will provide ((a)) model ((interlocal agreement, a model contract, a model letter of intent, and a model consortium agreement)) documents that can be modified to include district/college/agency specific language and will indicate which elements of these standard documents must be submitted to OSPI for review and approval.

(((5))) (8) Upon initial approval, OSPI will specify the duration of the approval((, assign a school code,)) and indicate the necessary criteria to obtain reapproval((. The school code will be used to uniquely identify this program and all students enrolled in the program in the district's/college's student data system and in CEDARS.

(6) If a district does not operate a program directly or enter into an interlocal agreement or contract with an agency or college, the agency or college may petition a district other than the resident district to enroll the eligible students under RCW 28A.225.220 through 28A.225.230 and enter into an interlocal agreement or contract with the petitioning entity to provide a program for the eligible students)).

(((7))) (9) After receiving a notice of approval, each district must request from OSPI the assignment of a school code through the EDS system following current protocol. The school code will be used to uniquely identify this program and all students enrolled in the program in the district's/college's student data system and in CEDARS.

(10) This chapter does not affect the authority of districts, under RCW 28A.150.305 and 28A.320.035, to contract for educational services other than reengagement programs as defined by WAC 392-700-015(((20))) (19).

(1) For programs operated by districts and agencies, high school credit will be awarded for all course work in which students are enrolled, including high school equivalency certificate preparation, in accordance with the following:

(a) Determination of credit will take place on a quarterly basis with quarters defined as follows:

(i) September through November;

(ii) December through February;

(iii) March through May; and

(iv) June through August.

(b) Credit will be awarded at the end of each quarter, in accordance with the following guidelines, if the student has been enrolled for at least one month of the quarter:

(i) A maximum of 0.5 high school elective credits will be awarded when a student passes one or more standardized high school equivalency certificate pretests during the quarter and the instructional staff has assessed student learning and determined that a course of study has been successfully completed.

(ii) A 0.5 high school elective credit will be awarded when a student makes a statistically significant standardized assessment post-test gain in a specific subject area during the quarter and the following conditions are met:

(A) The student's standardized skills assessment score at the beginning of the quarter demonstrated high school level skills; and

(B) The instructional staff has assessed student learning and determined that a course of study has been successfully completed. A maximum of 1.0 credit may be awarded for such subject gains in a quarter.

(iii) High school elective credit ranging from at least 0.1 credits to no more than 0.25 credits will be awarded for completion of a work readiness or college readiness curriculum in which the student has demonstrated mastery of specific competencies. The district and the agency will determine the amount of credit to be awarded for each course of study based on the competencies to be attained.

(iv) For students taking part in district approved subject-specific credit recovery course work, the amount and type of credit to be awarded will be defined by the district.

(v) The district may elect to award credit for other course work provided by the agency with amount of credit to be awarded determined in advance, based on the agency's instructional staff's recommendation and on a district review of the curriculum and intended learning outcomes. Credit will only be awarded when:

(A) The student's standardized skills assessment score at the start of the quarter demonstrates high school level skills; and

(B) The instructional staff has assessed student learning and determined that the course of study has been successfully completed.

(2) For programs operated by colleges, high school credit will be awarded for course work in which students are enrolled, in accordance with the following:

(a) The district and the college will determine whether the high school diploma will be awarded by the district or by the college as part of the college's high school completion program.

(b) If the college is awarding the diploma:

(i) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of college course work at or above the one hundred level. The college will determine the type of credit;

(ii) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of ((college)) below one hundred level course work ((that is below the one hundred level)) at a college but has been determined by the college to be at the ninth grade level or higher. The college will determine the type of credit. College based high school equivalency certificate and adult basic education (ABE) classes will not be included in this category;

(iii) 0.5 elective credits will be awarded for successful completion of every five quarter or three semester hours of high school equivalency certificate course work; and

(iv) ABE courses or other college courses that have been determined to be below the ninth grade level that does not generate high school credit will be counted as part of the program's instructional programming for the purposes of calculating FTE.

(c) If the district is awarding the diploma:

(i) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of ((college)) below one hundred level course work ((at or above the one hundred level)) at a college. The district will determine the type of credit;

(ii) 0.5 or 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of ((college)) below one hundred level course work ((that is below the one hundred level)) at a college but has been determined by the district to be at the ninth grade level or higher. The district will determine the type and amount of credit for each class. College based high school equivalency certificate and ABE classes will not be included in this category;

(iii) 0.5 elective credits will be awarded for successful completion of every five quarter or three semester hours of high school equivalency certificate course work; and

(iv) ABE courses or other college courses that have been determined to be below the ninth grade level will not generate high school credit but the college credits associated with these courses will be included in the total credit count used to calculate and report student FTE.

(3) The district is responsible for reporting all high school credits earned by students in accordance with OSPI regulations. College transcripts and other student records requested by the district will be provided by the college or agency as needed to facilitate this process.

(4) The district will ensure that the process for awarding high school credits under this ((contract)) scope of work is implemented as part of the district's policy regarding award of credits per WAC 180-51-050 (5) and (6).

(1) For programs operated by district and agencies and for below one hundred level classes offered in a college operated program, the following requirements will be met in relation to the school calendar:

(a) ((The)) A school year begins ((in)) September 1st and ends ((in)) August 31st.

(b) The program will provide the reporting district a calendar of the school year prior to the beginning of the program's start date for that school year.

(c) The school year calendar must meet the following criteria:

(i) The specific planned days of instruction will be identified; and

(ii) There must be a minimum of ten instructional months.

(d) The number of hours of instruction as defined in WAC 392-700-065 must meet the following criteria:

(i) The calculation for standard instructional day may not exceed six hours per day even ((if)) when instruction is provided for more than six hours per day; and

(ii) The standard instructional day may not be less than two hours per day.

(e) The total planned hours of instruction for the school year:

(i) Is the sum of the instructional hours for all instructional months of the school year; and

(ii) Must be at a minimum of nine hundred planned hours of instruction for the school year.

(2) For programs operated by colleges((:

(a))) and for college level classes, the school year calendar shall meet the following criteria:

(((i))) (a) The specific planned days of instruction will be identified; and

(((ii))) (b) There must be a minimum of ten instructional months.

(1) For all programs, the following will apply when reporting student enrollment for each monthly count day:

(a) Met all eligibility criteria pursuant to WAC 392-700-035;

(b) Been accepted for enrollment by the reporting district or the direct funded technical college;

(c) Enrolled in an approved program pursuant to WAC 392-700-042;

(d) Met the ((minimum attendance standard by attending at least one instructional day on count day or during the month prior to count day)) attendance period requirement pursuant to WAC 392-700-015(3);

(e) Met the weekly status check requirement pursuant to WAC 392-700-015(23);

(f) Has not withdrawn or been dropped prior to the monthly count day;

(((f))) (g) Is not enrolled in course work that has been reported by a college for postsecondary funding;

(j) If concurrently enrolled in ((any other program for which basic education allocation funding is received, i.e., common high school, running start, alternative learning experience, or college in the high school)) a skills center program or running start program, does not exceed the FTE limitation pursuant to WAC 392-121-136;

(h))) (k) A student's enrollment in the program is limited to the following:

(i) May not exceed 1.0 FTE in any month (including nonvocational and vocational FTE).

(ii) May not exceed 1.00 AAFTE in any school year as defined in WAC 392-700-015(2).

(2) For ((programs operated by districts and agencies)) all below one hundred level classes, the student enrollment is dependent upon attaining satisfactory progress during any three month period that a student is reported as 1.0 FTE.

(a) Satisfactory progress is defined as the documented attainment of at least one credential identified in WAC 392-700-015(((9))) (10) and/or of at least one ((measure)) indicator of academic progress identified in WAC 392-700-015(((16))) (14).

(b) A student who after any three month period of being counted for a 1.0 FTE has not attained a credential or ((a measure)) an indicator of academic progress cannot be counted until a credential or ((measure)) an indicator of academic progress is earned.

(i) During this reporting exclusion period, the program may elect to permit the student to continue to attend;

(ii) When the student achieves a credential or ((a measure)) an indicator of academic progress, the student enrollment may resume to be reported for funding. A new three month period for attaining a credential or ((a measure)) an indicator of academic progress begins; and

(iii) Rules governing the calculation of the three month period are:

(A) The three month period may occur in two different school years, if the student is enrolled in consecutive school years; and

(B) The three month period is not limited to consecutive months, if there is a break in the student's enrollment((; and

(C) For students claimed less than 1.0 FTE, the three month period is adjusted proportionately to provide additional time to attain a credential or a measure of academic progress)).

(3) For ((programs operated by districts or agencies)) below one hundred level classes, student enrollment will be reported as follows:

(a) ((If)) When the program's total planned hours of instruction pursuant to WAC 392-700-155 (((1)(d))) for the school year equals or exceeds nine hundred hours:

(i) The program ((will be)) is considered a full-time program; and

(ii) An enrolled student is a full-time student and is reported as 1.0 FTE on each monthly count day.

(b) ((If the program's total planned hours of instruction for the school year totals less than nine hundred hours:

(iii) The part-time FTE is calculated by dividing the program's total planned hours of instruction by nine hundred.)) Enrollment in below one hundred level classes is limited to nonvocational funding and the FTE cannot be claimed as vocational.

(4) For ((reengagement programs operated by)) college((s)) level classes, student enrollment will be reported as follows:

(a) ((For students enrolled in college level classes,)) The FTE is determined by the student's enrolled credits on each monthly count day.

(i) Fifteen college credits equal 1.0 FTE;

(ii) A student enrolled in more than fifteen college credits is limited to be reported as 1.0 FTE for that month; and

(iii) If a student is enrolled for less than fifteen college credits, the FTE is calculated by dividing the enrolled college credits by fifteen.

(b) ((For students enrolled in classes below college level pursuant to WAC 392-700-065(3), the student must meet the requirement of attaining satisfactory progress during any three month period pursuant to WAC 392-700-160(2) and the program's FTE for each student is based on the program's total planned hours of instruction pursuant to WAC 392-700-160(3).)) Enrollment in state approved vocational college level classes and taught by a certified vocational instructor can be claimed for enhanced vocational funding as a vocational FTE.

(1) OSPI shall apportion funding for an approved program to district or direct funded technical colleges based upon the reported nonvocational and vocational FTE enrollment and the standard reimbursement rates. The standard reimbursement rates are the statewide average annual nonvocational and vocational rates as determined by OSPI pursuant to WAC 392-169-095.

(a) The basic education allocation funded to districts will be as follows:

(i) Monthly payments for the months September through December is based on estimated student enrollment projected by the district.

(ii) Beginning in January, monthly payments shall be adjusted to reflect actual student enrollment.

(b) Direct funded technical colleges will be paid quarterly pursuant to WAC 392-121-187 (7)(c).

(2) Distribution of state funding for programs is as follows:

(a) For programs directly operated by a district, the district will retain one hundred percent of the basic education allocation.

(b) For programs directly operated by a direct funded technical college pursuant to WAC 392-121-187, the technical college will retain one hundred percent of the basic education allocation.

(c) For programs operated by a college or agency under ((contract)) a scope of work or ((interlocal)) contracted services agreement with a district:

(i) The district may retain up to seven percent of the basic education allocation; and

(ii) The agency or college will receive the remaining basic education allocation.

(d) For programs operated as part of a consortium with a consortium lead agency:

(i) The district may retain up to five percent of the basic education allocation;

(ii) The consortium lead may retain up to seven percent of the basic education allocation; and

(iii) The operating agency or college will receive the remaining basic education allocation.

(3) In the event that the program closes prior to the end of the school year, the following will occur:

(a) If the planned days of instruction, as provided on the school year calendar are not provided, the ((agency)) program may make up the scheduled days, as long as the replacement days occur during the school year;

(b) At the end of the school year, prior to the final monthly count day, the ((agency)) program will report to the district the actual total hours of instruction provided; and

(c) If the program was a full-time program and total hours of instruction provided is less than nine hundred hours of instruction, the amount of basic education funding received by the district and ((agency)) program will be adjusted retroactively on a proportional status and will be reflected on the final enrollment count((; and

(d) If the program was a part-time program and total hours of instruction provided is less than the total planned hours of instruction, the amount of basic education funding received by the district and agency will be adjusted retroactively on a proportional status and will be reflected on the final enrollment count)).

(4) Programs and districts may provide transportation for students but additional funds are not generated or provided.

(5) Reengagement students enrolled in a state-approved K-12 transitional bilingual instructional program pursuant to chapter 392-160 WAC can be claimed by the district for bilingual enhanced funding.

(1) Student documentation:

(a) The program shall submit to the reporting district or direct funded technical college monthly the program's enrollment and maintain and make available upon request the following documentation to support the monthly enrollment claimed ((and make available upon request by the reporting district or direct funded technical college)):

(i) Each student's eligibility pursuant to WAC 392-700-035;

(ii) Evidence of each student's enrollment requirements under WAC 392-700-160 to include:

(A) Enrollment in district or direct funded technical college;

(B) Evidence of minimum attendance ((standard)) period; and

(C) Earned credentials or attained ((measure)) an indicator of progress.

(iii) Case management support pursuant to WAC 392-700-085.

(b) The district, agency, or college operating the program shall comply with all state and federal laws related to the privacy, sharing, and retention of student records.

(c) Access to all student records will be provided in accordance with the Family Educational Rights and Privacy Act (FERPA).

(2) Student reporting:

(a) The district, agency, or college to which the school code is assigned will ensure that there is accurate and timely data entry of all program student information into its student data system.

(b) The district, agency, or college to which the school code is assigned will transmit student data to CEDARS in accordance with OSPI standards and procedures for reengagement programs.

(3) Annual reporting in addition to meeting CEDARS requirements:

(a) The program will prepare and submit an annual performance report to the district, agency, or college to which the school code is assigned no later than ((September)) October 1st.

(b) The district, agency, or college to which the school code is assigned will review and submit the annual performance report to OSPI no later than ((September 30th)) November 1st.

(c) The annual report will include the following:

(i) Program's total number of students by gender, age, and race/ethnicity who were enrolled, who were dismissed by program, and ((withdrawn)) who voluntarily withdrew.

(ii) Program's total number of students by gender, age, race/ethnicity, and credential type who earned a credential as defined in WAC 392-700-015(10).

(iv) Total AAFTE and average annual headcount by program reported for the school year.

(((iii))) (v) Total number of instructional staff FTE.

(A) For programs operated by a district or agency, report total number of instructional staff assigned to the program.

(B) For programs operated by a college, report the number of instructional staff teaching students for the program.