[Filed June 16, 2023, 4:06 p.m., effective July 1, 2023]

Effective Date of Rule: July 1, 2023.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: As directed in SB [ESSB] 5693, the rules provide for funding participating student's enrollment in running start courses during the summer term. Funding for summer term is based on a two-month count and the first count day is July 1, 2023.

Purpose: The office of superintendent of public instruction is adopting rules to fund participating student's enrollment in running start courses during the summer term, as directed in ESSB 5693, section 504(18), passed by the Washington state legislature in 2022. The rule revisions open the summer term for running start, allow for running start enrollment to be claimed on a July and August count day, and change the calculating of the average annual full-time equivalent (AAFTE) to be based on the 11 months of reported enrollment divided by nine. The rule revisions will allow a student who is in grade 11 and 12 for the current school year (school year 2022-23) and who has available AAFTE to enroll in a college summer term and to be claimed for running start funds. The funding for the summer quarter will be based on a two-month count.

Citation of Rules Affected by this Order: Amending WAC 392-121-119, 392-121-123, 392-169-030, 392-169-055, and 392-169-100.

Statutory Authority for Adoption: RCW 28A.600.390; and 2022 ESSB 5693, section 504(18).

Adopted under notice filed as WSR 23-08-079 on April 4, 2023.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 5, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 16, 2023.

State Superintendent of Public Instruction

AMENDATORY SECTION(Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)

WAC 392-121-119Definition—Enrollment count dates.

As used in this chapter, "enrollment count dates" means the fourth school day of September and the first school day of each of the nine subsequent months of the school year for all school districts and charter schools including districts and charter schools which commence basic education programs prior to September 1st. Exceptions are limited to the following:

(1) In school districts where not every school or grade follows the same calendar of school days, the calendar of an individual school or an entire grade level within a school may determine the monthly enrollment count date for that school or grade level within the school.

(2) The ((nine))11 count dates for running start enrollment shall be the first school day of each month of October through ((June))August.

AMENDATORY SECTION(Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)

WAC 392-121-123Nonstandard school year programs.

A student participating in a program of education occurring during the nonstandard school year on a tuition-free basis may be claimed for state funding to the extent that the student was not claimed as a 1.0 AAFTE during the regular school year (September through June), subject to the following:

(1) Eligible student FTE in a nonstandard school year program shall be claimed based upon the following:

(a) Enrolled hours based upon the standards in WAC 392-121-122 or 392-121-182.

(b) Credit based for student enrolled in a college program under WAC 392-121-188.

(c) A student enrolled in transition school ((or a running start program)) is not eligible for nonstandard school year funding.

(2) A district or charter school shall make month by month evaluation of the student to determine if the following conditions were met during the regular school year:

(a) The student was not home schooled or enrolled in a private school.

(b) The student was not claimed as a 1.0 FTE in a regular or institution education program.

(3) For each month in which the conditions of subsection (2) of this section are met, the district or charter school shall determine the amount of student FTE claimed for the student. To the extent the enrollment claimed is less than 1.0 FTE for each month, the school district or charter school may claim nonstandard school year FTE based upon the student enrollment in the nonstandard school year school program.

AMENDATORY SECTION(Amending WSR 16-10-115, filed 5/4/16, effective 6/4/16)

WAC 392-169-030Annual average full-time equivalent (AAFTE) running start enrollment—Definition.

For purposes of this chapter and chapter 392-121 WAC, "annual average full-time equivalent (AAFTE) running start enrollment" means the sum of the AAFTE of all running start students for a school year when each running start student's AAFTE equals the sum of the student's running start FTE enrollment on the ((nine))11 running start count dates divided by nine.

AMENDATORY SECTION(Amending WSR 16-10-115, filed 5/4/16, effective 6/4/16)

WAC 392-169-055Enrollment—Extent and duration of running start enrollment.

Running start program enrollment under this chapter is limited as follows (and as may be further limited for academic reasons under WAC 392-169-057):

(1) An eligible student who enrolls in grade ((eleven))11 may enroll in an institution of higher education while in the ((eleventh))11th grade for no more than the course work equivalent to one academic year of enrollment as an annual average full-time equivalent running start student (((i.e., three college or university quarters as a full-time equivalent college or university student, two semesters as a full-time equivalent college or university student, or nine months as a full-time equivalent technical college student))).

(2) An eligible student who enrolls in grade ((twelve))12 may enroll in an institution of higher education while in the ((twelfth))12th grade for no more than the course work equivalent to one academic year of enrollment as an annual average full-time equivalent running start student (((i.e., three college or university quarters as a full-time equivalent community college or university student, two semesters as a full-time equivalent college or university student, or nine months as a full-time technical college student).

(3) Enrollment in an institution of higher education is limited to the fall, winter and spring college quarters, and the fall and spring college semesters)).

(((4)))(3) As a general rule a student's eligibility for running start program enrollment terminates at the end of the student's ((twelfth))12th grade regular academic year, notwithstanding the student's failure to have enrolled in an institution of higher education to the full extent permitted by subsections (1) and (2) of this section: Provided, That a student who has failed to meet high school graduation requirements as of the end of the student's ((twelfth))12th grade regular academic year (September through June) due to the student's absence, the student's failure of one or more courses, or another similar reason may continue running start program enrollment for the sole and exclusive purpose of completing the particular course or courses required to meet high school graduation requirements, subject to the enrollment limitation established by subsection (2) of this section.

AMENDATORY SECTION(Amending WSR 16-10-115, filed 5/4/16, effective 6/4/16)

WAC 392-169-100Running start enrollment count dates.

Enrollment count dates for the running start program shall be as follows:

(1) For community and technical colleges and for Central Washington University and Eastern Washington University, the first college or university day of each of the months of October through ((June))August; and

(2) For Washington State University, the first university day of each of the months of September through ((May))July.