WSR 16-14-107 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed July 6, 2016, 9:46 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-11-106.
Title of Rule and Other Identifying Information: WAC 392-121-108 Definition—Enrollment exclusions.
Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Policy Conference Room, Olympia, WA 98501, on August 9, 2016, at 9:00 a.m.
Date of Intended Adoption: August 11, 2016.
Submit Written Comments to: Becky McLean, P.O. Box 47200, Olympia, WA 98504-7200, e-mail becky.mclean@k12.wa.us, fax (360) 664-3683, by August 9, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by August 2, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This WAC requires updating to address the changes required with the passage of HB [4SHB] 1541 which requires districts to provide educational services for students who have been long-term suspended or expelled. The current WAC prohibits districts and charter schools from claiming state funding for a student who has been expelled or long-term suspended when the conditions of the suspension will cause the student to lose academic grades or credit. With the proposed changes to this WAC, a student who has been expelled or long-term suspended could be claimed for state funding.
Statutory Authority for Adoption: RCW 28A.150.290.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation and Enforcement: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable, no small business impact, no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
July 6, 2016
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-108 Definition—Enrollment exclusions.
A person who qualifies for any of the exclusions set forth in this section shall not be counted as an enrolled student pursuant to WAC 392-121-106.
(1) Absences - Except as provided in (a) and (b) of this subsection, a student whose consecutive days of absence from school exceed twenty school days, or a part-time student that has not attended school at least once within a time period consisting of twenty consecutive school days, shall not be counted as an enrolled student until attendance is resumed. School days are defined as the regularly scheduled instructional days for the general population of the school or district the student is enrolled in, regardless of the student's individualized schedule.
(a) If there is a written agreement between the appropriate school official and a student's parent or guardian pursuant to RCW 28A.225.010 that the student's temporary absence is not deemed to cause a serious adverse effect upon the student's educational progress, the absent student may be counted as an enrolled student for up to two monthly enrollment count dates as specified in WAC 392-121-122.
(b) A student receiving home and/or hospital service pursuant to WAC 392-172A-02100 shall be counted as an enrolled student as provided in WAC 392-122-145.
(2) Dropouts - A student for whom the school district or charter school has received notification of dropping out of school by the student or the student's parent or guardian shall not be counted as an enrolled student until attendance is resumed.
(3) Transfers - A student who has transferred to another public or private school and for whom the school district or charter school has received notification of transfer from the school to which the student has transferred, from the student, or from the student's parent or guardian shall not be counted as an enrolled student unless the student reenrolls in the school district or charter school.
(4) ((Suspensions - A student who has been suspended from school pursuant to WAC 392-400-260 or in accordance with a charter school's student discipline policy, when the conditions of the suspension will cause the student to lose academic grades or credit, shall not be counted as an enrolled student until attendance is resumed.
(5) Expulsions - A student who has been expelled from all school subjects or classes by the school district pursuant to WAC 392-400-275 or 392-400-295 or in accordance with a charter school's student discipline policy shall not be counted as an enrolled student until such time as enrollment in a district program has resumed; a student who has been partially expelled, such as from a single school subject or class, by the school district or charter school pursuant to WAC 392-400-275 or 392-400-295 or in accordance with a charter school's student discipline policy may be considered a part-time enrolled student.
(6))) Graduates - A student who has met the high school graduation requirements of chapter 180-51 WAC by the beginning of the school year.
(((7))) (5) Tuition - A student paying tuition including, but not limited to, students on an F-1 visa or students enrolled in a tuition-based summer school program.
(((8))) (6) An institution student who is claimed as a 1.0 FTE by any institution as an enrolled student eligible for state institutional education support pursuant to chapter 392-122 WAC where the institution's count date occurs prior to the school district count date for the month. Where the count dates occur on the same date, the institution shall have priority for counting the student.
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