WSR 98-18-093

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed September 2, 1998, 10:38 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-14-040.

Title of Rule: Educational services to juveniles in Department of Correction's facilities.

Purpose: To implement chapter 244, Laws of 1998, by providing state institutional education funding through the Superintendent of Public Instruction for educational programs for juveniles in Department of Correction's facilities.

Statutory Authority for Adoption: Section 9(2), chapter 244, Laws of 1998.

Statute Being Implemented: Chapter 244, Laws of 1998.

Summary: Educational services to juveniles in adult prisons are funded in the same manner as educational services to juveniles in institutions for juvenile delinquents operated by the Department of Social and Health Services.

Reasons Supporting Proposal: These changes are necessary to implement chapter 244, Laws of 1998.

Name of Agency Personnel Responsible for Drafting: Rick Wilson, Office of Superintendent of Public Instruction, (360) 753-2298; Implementation: Allen Jones, Office of Superintendent of Public Instruction, (360) 753-2298; and Enforcement: Michael Bigelow, Office of Superintendent of Public Instruction, (360) 753-2298.

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule provides funding through the Superintendent of Public Instruction for institutional education programs for juveniles in adult prisons. Prior to passage of chapter 244, Laws of 1998, these programs were funded through the Department of Corrections. The rules allow a school district or other education provider to report institutional education services to juveniles in prisons and claim state funding through the institutional education funding formula used of institutions for juvenile delinquents operated by the Department of Social and Health Services. Rules define the method of determining and reporting full-time equivalent (FTE) students eligible for state funding. State funding of about $8500 per FTE student is provided for the operation of a 220 educational program. Funding per student is higher or lower depending on the training and experience of certificated instructional staff serving the students.

Section 510, chapter 346, Laws of 1998, (the 1998 supplemental budget appropriation for institutional education) states that "...the funded staffing ratios for educational programs for juveniles age 18 or less in department of correction facilities shall be the same as those provided for education programs in delinquent institutions under the department of social and health services."

Proposal Changes the Following Existing Rules: The amendments modify institutional education funding rules that have been in place since 1984. Educational programs in Department of Correction's facilities are funded in the same manner as programs in the Department of Social and Health Services institutions for juvenile delinquents. State funding for educational programs in the Department of Social and Health Services institutions is not affected.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not relevant.

RCW 34.05.328 does not apply to this rule adoption. The content of these rules are dictated by chapter 244, Laws of 1998.

Hearing Location: Wanamaker Conference Room, 2nd Floor, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on October 8, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jim Rich by September 24, 1998, TDD (360) 664-3631, or (360) 753-6733.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by October 7, 1998.

Date of Intended Adoption: October 9, 1998.

September 1, 1998

Terry Bergeson

Superintendent of

Public Instruction

OTS-2367.1

AMENDATORY SECTION (Amending WSR 95-08-025, filed 3/29/95, effective 4/29/95)

WAC 392-122-205  State institutional education program--Eligible programs. Programs supported as state institutional education programs include those provided in:

(1) State operated group homes--i.e., facilities maintained by the division of juvenile rehabilitation of the department of social and health services to house adjudicated youth twenty-four hours a day;

(2) Juvenile detention centers--i.e., facilities maintained by counties for treatment and education of juveniles who have been placed under protective custody or have committed a criminal offense.

(3) Institutions for juvenile delinquents--i.e., facilities maintained by the division of juvenile rehabilitation of the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts.

(4) Residential habilitation centers--i.e., facilities maintained by the division of developmental disabilities of the department of social and health services for care and treatment of persons with exceptional needs by reason of mental and/or physical deficiency.

(5) Adult correctional facilities housing juveniles--i.e., facilities maintained by the state department of corrections for juvenile inmates under eighteen years of age.

[Statutory Authority: RCW 28A.150.290. 95-08-025, § 392-122-205, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), § 392-122-205, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-205, filed 10/2/84.]

AMENDATORY SECTION (Amending Order 92-03, filed 1/10/92, effective 2/10/92)

WAC 392-122-206  Definition--State institutional education program--Form E-672. "Form E-672" means the form distributed by the superintendent of public instruction on which school districts, or other education providers operating institutional education programs report eligible institutional education students enrolled on the enrollment count dates specified in WAC 392-122-211.

[Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), § 392-122-206, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. 91-03-118 (Order 2), § 392-122-206, filed 1/23/91, effective 2/23/91.]

AMENDATORY SECTION (Amending Order 92-03, filed 1/10/92, effective 2/10/92)

WAC 392-122-207  Definition--State institutional education program--Residential institution. "Residential institution" means a state operated group home, juvenile detention center, institution for juvenile delinquents, ((or)) residential habilitation center or department of corrections facility for juvenile offenders.

[Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), § 392-122-207, filed 1/10/92, effective 2/10/92.]

NEW SECTION

WAC 392-122-208  Definition--State institutional education program--Other education provider. "Other education provider" means:

(1) An educational service district, institution of higher education, private contractor or any combination thereof providing an institutional education program in an adult correctional facility operated by the department of corrections under contract with the superintendent of public instruction and the department of corrections; or

(2) An educational service district providing an institutional education program pursuant to a contract with a school district in a state-operated group home, institution for juvenile delinquents, or residential habilitation center, or county-operated juvenile detention center.

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AMENDATORY SECTION (Amending Order 92-03, filed 1/10/92, effective 2/10/92)

WAC 392-122-212  Definition--State institutional education program--Educational activity. As used in WAC 392-122-200 through 392-122-275, "educational activity" means the following teaching/learning experiences provided by a school district or other education provider:

(1) Instruction, testing, counselling, supervision, advising, and other services provided directly by ((school district)) certificated staff or by ((school district)) classified staff who are supervised by certificated staff.

(2) Up to one hour per day of scheduled study time if the study is in conjunction with other educational activity and if the study is monitored by ((school district)) educational staff who are present during the study.

(3) Up to two hours per day of individual study conducted by a student when ((school district)) educational staff are not present if all of the following conditions are met:

(a) The study is in pursuit of high school graduation credit; or the study is in a department of corrections facility and is in pursuit of a certificate of educational competence pursuant to RCW 28B.50.536 and chapter 131-48 WAC;

(b) The study is part of a program of instruction defined by a ((school district)) certificated employee who evaluates the student's progress in that program;

(c) The student is making progress in the program;

(d) The study is not counted as work training experience pursuant to subsection (4) of this section; and

(e) Combined individual study time and scheduled study time pursuant to subsection (2) of this section claimed in determining the student's full-time equivalent pursuant to WAC 392-122-225 do not exceed two hours per day.

(4) Work experience training meeting the requirements of WAC 180-50-315: Provided, That each hour of work training experience shall be considered equivalent to 0.40 hours of educational activity.

[Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), § 392-122-212, filed 1/10/92, effective 2/10/92.]

AMENDATORY SECTION (Amending Order 92-03, filed 1/10/92, effective 2/10/92)

WAC 392-122-213  Definition--State institutional education program--Excused absence. As used in WAC 392-122-200 through 392-122-275, "excused absence" means an absence from scheduled educational activity which ((school district)) certificated staff determine to be due to one or more of the following:

(1) Illness;

(2) Attendance in court; or

(3) Meeting with a lawyer, case worker, counselor, physician, dentist, nurse, or other professional service provider.

[Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), § 392-122-213, filed 1/10/92, effective 2/10/92.]

AMENDATORY SECTION (Amending Order 92-03, filed 1/10/92, effective 2/10/92)

WAC 392-122-220  Definition--State institutional education program--Enrolled institutional education program student. "Enrolled institutional education program student" means a person who:

(1)(a) Is in a program in a department of corrections facility and is under eighteen years of age or is eighteen years of age and is continuing in the institutional education program with the permission of the department of corrections and the education provider; or

(b) Is in a residential institution other than the department of corrections and is under twenty-one years of age at the beginning of the school year;

(2) Is scheduled to engage in educational activity in the institutional education program during the current week;

(3) During the current school year, has engaged in educational activity in the institutional education program provided or supervised by ((school district)) educational certificated staff; and

(4) Does not qualify for any of the enrollment exclusions in WAC 392-122-221.

[Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), § 392-122-220, filed 1/10/92, effective 2/10/92.]

AMENDATORY SECTION (Amending WSR 95-08-025, filed 3/29/95, effective 4/29/95)

WAC 392-122-221  Definition--State institutional education program--Enrollment exclusions. The following may not be counted as an enrolled institutional education program student:

(1) A person whose educational activity has terminated.

(2) A person who has transferred to another institution or school district.

(3) A residential institution student who:

(a) Has not engaged in educational activity in the past five school days ((including days)), excluding days of excused absence;

(b) Has not engaged in educational activity in the past ten school days including days of excused absence; or

(c) Is claimed by any school district as an enrolled student eligible for state basic education support pursuant to chapter 392-121 WAC.

[Statutory Authority: RCW 28A.150.290. 95-08-025, § 392-122-221, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), § 392-122-221, filed 1/10/92, effective 2/10/92.]

AMENDATORY SECTION (Amending Order 92-03, filed 1/10/92, effective 2/10/92)

WAC 392-122-225  Definition--State institutional education program--Institutional education full-time equivalent (FTE) students. "Institutional education full-time equivalent (FTE) students" means the sum of ((a school district's)) FTE students on an enrollment count date determined as follows:

(1) An enrolled institutional education program student who is three to eight years of age and scheduled to engage in a minimum of twenty hours of educational activity per week shall be counted as one FTE.

(2) An enrolled institutional education program student who is nine years of age or older and scheduled to engage in a minimum of twenty-five hours of educational activity per week shall be counted as one FTE.

(3) An enrolled institutional education program student who is scheduled to engage in less than the minimum hours for one FTE shall be counted as a partial FTE, determined by dividing the scheduled hours of educational activity by the minimum hours for one FTE.

(4) In determining a student's FTE, educational activity may include up to ten minutes of class transition time between classes but shall not include noon intermission.

(5) No student shall be counted as more than one FTE.

[Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), § 392-122-225, filed 1/10/92, effective 2/10/92.]

AMENDATORY SECTION (Amending Order 2, filed 1/23/91, effective 2/23/91)

WAC 392-122-235  State institutional education program--Determination of ((district)) average state institutional program certificated instructional staff salary for the purpose of apportionment. The determination of ((district)) average institutional education program certificated instructional staff salary used in the institutional education allocation formula for the purposes of apportionment shall be the same as specified in WAC 392-121-299: Provided, That the words "state institutional education program" shall be substituted for "basic education" throughout that section.

[Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. 91-03-118 (Order 2), § 392-122-235, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-235, filed 10/2/84.]

AMENDATORY SECTION (Amending Order 92-08, filed 9/21/92, effective 10/22/92)

WAC 392-122-255  State institutional education program--Institutional program indirect cost. State institutional education program moneys for the purpose of recognition of institutional program indirect costs shall be allocated to school districts ((as follows:

(1) For the 1991-92 school year, the allocation shall be based on the school district's indirect cost percent for the institutional program from Report F-196 Part III and in accordance with the state Operating Appropriations Act.

(2) For the 1992-93 school year and thereafter, the allocation shall be)) and other education providers based on the indirect cost rate assumed in the state Operating Appropriations Act.

[Statutory Authority: RCW 28A.150.290. 92-19-125 (Order 92-08), § 392-122-255, filed 9/21/92, effective 10/22/92; 92-03-045 (Order 92-03), § 392-122-255, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-255, filed 10/2/84.]

AMENDATORY SECTION (Amending Order 92-03, filed 1/10/92, effective 2/10/92)

WAC 392-122-270  State institutional education program--Apportionment of state moneys. From the state institutional education program moneys appropriated to the superintendent of public instruction, the superintendent shall make allocations to school districts and other education providers based on the ((school district's)) institutional education program's annual average full-time equivalent institutional education students and as provided in the state Operating Appropriations Act and WAC 392-122-200 through 392-122-275.

(1) Institutional education program allocations shall be based on a two hundred twenty-day school year. Allocations to a school district or other education provider offering less than two hundred twenty school days shall be reduced pro rata as provided in WAC 392-122-910.

(2) The superintendent of public instruction shall make payments in the same manner as provided in WAC 392-121-400.

(3) The superintendent of public instruction may reduce or delay payment of institutional education program moneys pursuant to chapter 392-117 WAC, Timely reporting.

[Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), § 392-122-270, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. 91-03-118 (Order 2), § 392-122-270, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-270, filed 10/2/84.]

AMENDATORY SECTION (Amending WSR 95-08-025, filed 3/29/95, effective 4/29/95)

WAC 392-122-275  State institutional education program--((School district)) Reporting requirements. Each school district or other education provider operating an institutional education program shall report to the superintendent of public instruction as follows:

(1) The district or provider shall report on Form E-672 the number of individual enrolled institutional education program students and the number of institutional education full-time equivalent students on each institution enrollment count date.

(((2))) Report forms shall be signed by the school district superintendent or a designated official of the school district or other education provider.

(((3))) (2) Each school district or other education provider operating an institutional education program shall provide, upon request, such additional data as are necessary to enable the superintendent of public instruction to allocate and substantiate the ((district's)) program's allocation of state institutional education program moneys.

(((4) School district)) (3) Institutional enrollment reporting shall be subject to chapter 392-117 WAC, Timely reporting.

(4) Each school district or other education provider shall report personnel data pursuant to instructions provided by the superintendent of public instruction.

(5) By August 15 of each year, each other education provider shall provide a budget showing the anticipated activities and objects of expenditures for the institutional education program for the ensuing school year.

(6) By December 15 following the end of the school year, each other education provider shall provide an annual financial summary of the actual activities and objects of expenditures for the institutional education program for the preceding school year.

(7) Information required by this section shall be reported pursuant to instructions provided by the superintendent of public instruction.

[Statutory Authority: RCW 28A.150.290. 95-08-025, § 392-122-275, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), § 392-122-275, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-275, filed 10/2/84.]