WSR 24-03-046
EMERGENCY RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed January 10, 2024, 9:19 a.m., effective January 10, 2024, 9:19 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule making is to amend college in the high school rules in alignment with SB 5048 (2023) that eliminated fees for students.
This is a renewal of emergency rule filing as the office of the superintendent of public instruction (OSPI) continues to conduct permanent rule making.
Citation of Rules Affected by this Order: Repealing WAC 392-725-325; and amending WAC 392-725-005, 392-725-015, 392-725-050, 392-725-225, 392-725-235, 392-725-250, and 392-725-300.
Statutory Authority for Adoption: RCW 28A.600.287; and 2SSB 5048 (chapter 314, Laws of 2023).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The emergency rules are necessary to ensure students participating in college in the high school programs are not required to pay fees as provided in SB 5048 during the 2023-24 school year.
OSPI will also conduct permanent rule making concerning college in the high school (chapter 392-725 WAC).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 1.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 10, 2024.
Chris P. S. Reykdal
State Superintendent of Public Instruction
OTS-4916.2
AMENDATORY SECTION(Amending WSR 16-14-030, filed 6/27/16, effective 7/28/16)
WAC 392-725-005Authority.
The authority for this chapter is RCW ((28A.600.290))28A.600.287, which authorizes the superintendent of public instruction to adopt rules governing RCW ((28A.600.290))28A.600.287, with the state board of community and technical colleges, the student achievement council, and the public baccalaureate institutions to jointly develop rules, and with the association of Washington school principals to be consulted. The rules set forth in this chapter have been jointly developed and agreed upon by the four organizations with the council of presidents representing the public baccalaureate institutions. The rules may be modified only by agreement of the superintendent of public instruction, state board of community and technical colleges, the student achievement council, and an organization representing the interest of the public baccalaureate institutions.
AMENDATORY SECTION(Amending WSR 19-12-049, filed 5/31/19, effective 7/1/19)
WAC 392-725-015Definitions.
The following definitions in this section apply throughout this chapter.
(1) "College in the high school course" means a dual credit course provided on a high school campus or in a high school environment in which an eligible student is given the opportunity to earn high school credit to be awarded by a district, charter school, or tribal compact school and college credit awarded by the participating institution of higher education by completing a college course with a passing grade. College in the high school courses may be either academic or career and technical (vocational) education.
(2) "College in the high school program" means the subset of dual credit courses meeting NACEP quality standards and provided on a high school campus or in a high school environment in which an eligible student is given the opportunity to earn high school credit to be awarded by a district, charter school, or tribal compact school and college credit awarded by the participating institution of higher education by completing a college course with a passing grade.
(3) "Eligible student" means any student who meets the following conditions:
(a) The student meets the definition of an enrolled student pursuant to WAC 392-121-106.
(b) The student under the grade placement policies of the district, charter school, or tribal compact school through which the high school credits will be awarded has been deemed to be a ((tenth, eleventh, or twelfth))9th, 10th, 11th, or 12th grade student.
(4) "Participating institution of higher education" means an institution of higher education that:
(a) A district, charter school, or tribal compact school has contracted with to provide the college in the high school program;
(b) Meets the definition in RCW 28B.10.016, is authorized or exempt under the requirements of chapter 28B.85 RCW, or is a public tribal college located in Washington as ((noted in RCW 28A.600.290 (7)(a)))described in RCW 28A.600.287 (12)(c);
(c) Meets the college in the high school program standards outlined in WAC 392-725-130 through 392-725-170; and
(d) Is accredited by National Alliance of Concurrent Enrollment Partnerships or commits to the reporting of evidence requirement outlined in WAC 392-725-120.
(5) "National Alliance of Concurrent Enrollment Partnerships" is the professional organization that works to ensure that college in the high school courses are as rigorous as courses offered on the sponsoring college campuses. National Alliance of Concurrent Enrollment Partnerships (NACEP) has defined a set of quality standards that is the basis of their accreditation process.
(6) "Council of presidents" is defined throughout this chapter as the organization representing the interest of public baccalaureate institutions((, specific to RCW 28A.600.290(6).
(7) "Fees."
(a) "College in the high school fees" means the per credit or per course fee charged by the participating institution of higher education for the registration for the college course.
(i) The maximum college in the high school fee shall not exceed the college in the high school state-funded subsidies described in RCW 28A.600.290.
(ii) The college in the high school fee may be less than the college in the high school state-funded subsidies.
(iii) The institution of higher education must receive the corresponding fee for any student seeking to earn college credit from the college in the high school course in accordance with the general requirements identified in WAC 392-725-225 (2)(a) unless the student qualifies for the state-funded subsidies in accordance with WAC 392-725-325(4).
(b) "Other associated college in the high school fees" means additional fees required to fully participate in the college in the high school program charged by the participating institution of higher education such as registration fees and fees for consumables.
(8) "College in the high school state-funded subsidies" means the amount provided in the Omnibus Appropriations Act that pays the college in the high school fee for specific eligible eleventh or twelfth grade students pursuant to RCW 28A.600.290 (1)(b)(i) only and for the limited amount provided in WAC 392-725-325(2))).
AMENDATORY SECTION(Amending WSR 19-12-049, filed 5/31/19, effective 7/1/19)
WAC 392-725-050Local agreement requirement.
Prior to the start of the college in the high school program(s), a local agreement between the district, charter school, or tribal compact school and the participating institution of higher education must be developed and in place. The agreement shall be for no more than one school year, meet the district, charter school, or tribal compact school's board policies and the policies of the institution of higher education regarding contracting agreements, and address the following requirements:
(1) List of college in the high school courses.
(2) College in the high school student standards pursuant to WAC 392-725-130 will be met.
(3) College in the high school curriculum and assessment standards pursuant to WAC 392-725-140 will be met.
(4) College in the high school faculty standards pursuant to WAC 392-725-150 will be met.
(5) College in the high school evaluation standards pursuant to WAC 392-725-160 will be met.
(6) College in the high school partnership standards pursuant to WAC 392-725-170 will be met.
(7) Award of high school credits pursuant to WAC 392-725-200 will be met.
(8) District, charter school, or tribal compact school's responsibilities for offering college in the high school program.
(9) ((Institution of higher education's fee amount per college credit or per college course and a description and amount of other associated college in the high school fees.
(10))) Course materials including, but not limited to, textbooks for each college in the high school course, and which party will be responsible to provide.
(((11)))(10) Provide an explanation of how any compensation paid to the instructor for work performed beyond their contract with the district, charter school, or tribal compact school will be calculated and provide details of what duties the compensation represents.
(((12) Method and collection of college in the high school fee and other associated college in the high school fees.
(13)))(11) Districts, charter schools, tribal compact schools, and institutions of higher education shall as necessary assure compliance with their respective duties under federal and state law.
AMENDATORY SECTION(Amending WSR 19-12-049, filed 5/31/19, effective 7/1/19)
WAC 392-725-225College in the high school general requirements.
(1) Participating districts, charter schools, or tribal compact schools must provide general information about the college in the high school program to all students in grades ((nine))eight through ((twelve))12 and to the parents and guardians of those students.
(2) The enrollment of a student who meets the definition of WAC 392-725-015(2) in the college in the high school program shall be governed as follows:
(a) An eligible student seeking to earn college credit is responsible for enrolling into an institution of higher education on or before the deadline established by the institution of higher education.
(b) An eligible student is entitled to enroll in an institution of higher education for college in the high school program purposes subject to each of the following conditions and limitations:
(i) Enrollment is limited to college courses.
(ii) Prior confirmation pursuant to WAC 392-725-200 by the district, charter school, or tribal compact school of the amount of high school credit to be awarded for a college in the high school course on or before the deadline for enrollment established by the institution of higher education.
(iii) Acceptance of the student by the institution of higher education subject to enrollment requirements and limitations established by the institution.
AMENDATORY SECTION(Amending WSR 17-21-001, filed 10/5/17, effective 11/5/17)
WAC 392-725-235Co-delivery of college in the high school courses.
(1) In cases where a college in the high school course is co-delivered with another dual credit course, such as career and technical education dual credit, advanced placement, international baccalaureate, or Cambridge international, the participating institution of higher education, in coordination with the institution's academic department, shall assess curriculum alignment and approve the option to provide a co-delivered course.
(2) In cases where a college in the high school course is co-delivered with another dual credit course, the high school transcript shall reflect the co-delivered courses as follows:
(a) The course title as listed on the high school transcript shall begin with the institute of higher education's curriculum and course number, as described in the office of superintendent of public instruction CEDARS manual.
(b) Any additional course title description for a co-delivered college in the high school course title shall be included pursuant to WAC 392-415-070.
Official course abbreviations for career and technical education dual credit, advanced placement, international baccalaureate and Cambridge international shall be included on the high school transcript as listed in appendix Q of the office of superintendent of public instruction CEDARS manual.
(c) For approved co-delivered courses, as provided in subsection (1) of this section, the high school transcript course title and course designators may reflect two dual credit programs in cases where students have met any required prerequisites or other entrance requirements for both programs.
(3) Students choosing to enroll in a co-delivered college in the high school course for the purpose of earning college credit must meet the college in the high school enrollment requirements outlined in WAC 392-725-225(2).
AMENDATORY SECTION(Amending WSR 16-14-030, filed 6/27/16, effective 7/28/16)
WAC 392-725-250Transferability of college credit.
(1) College in the high school programs may include both academic and career and technical education. The college credit shall be applied at institutions of higher education ((toward:
(a) General education requirements; or
(b)))as appropriate and applicable to the student's degree requirements.
(2) A college in the high school course has the same transferability as its equivalent course on the college campus. Some courses including career and technical education courses may not meet specific general education and/or degree requirements.
AMENDATORY SECTION(Amending WSR 19-12-049, filed 5/31/19, effective 7/1/19)
WAC 392-725-300Finance.
(((1))) Districts, charter schools, and tribal compact schools claim the college in the high school courses for basic education funding based on the course's average enrolled weekly minutes pursuant to WAC 392-121-122. Courses that qualify for vocational enhanced funding can be claimed pursuant to WAC 392-121-138.
(((2) The participating institution of higher education receives college in the high school fees as defined in WAC 392-725-015 (7)(a) and other associated college in the high school fees for eligible students as defined in WAC 392-725-015 (7)(b). The amount and method of collection of these fees shall be outlined in local agreement.
(3) For college in the high school courses that qualify for state funded subsidies as defined in WAC 392-725-015(8) and based on the per student limitations provided in WAC 392-725-325(2), these subsidies are provided in lieu of college in the high school fees as defined in WAC 392-725-015 (7)(a).))
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 392-725-325
College in the high school state funded subsidies.