Preproposal statement of inquiry was filed as WSR 12-09-004.
Title of Rule and Other Identifying Information: WAC 392-121-188 Instruction provided under contract.
Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Olympia, WA, on July 12, 2012, at 3:30 p.m.
Date of Intended Adoption: July 12, 2012.
Submit Written Comments to: Becky McLean, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail firstname.lastname@example.org, fax (360) 664-3683, by July 11, 2012.
Assistance for Persons with Disabilities: Contact Wanda Griffin by July 10, 2012, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-121-188 requires updating to align with purchasing individual on-line course[s] and the rule change already in place for WAC 392-121-182.
Reasons Supporting Proposal: The proposed changes will clarify the requirements for these emerging practices.
Statutory Authority for Adoption: RCW 28A.150.305.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of superintendent of public instruction, governmental.
Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6181; and Enforcement: JoLynn Berge, 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.
A cost-benefit analysis is not required under RCW 34.05.328.
June 6, 2012
AMENDATORY SECTION(Amending WSR 09-06-038, filed 2/25/09, effective 3/28/09)
WAC 392-121-188 Instruction provided under contract. School districts have general authority to contract for the services of individuals to provide instruction, subject to applicable state and federal laws and local collective bargaining agreements. School districts also have authority to enter into interdistrict cooperative agreements for instructional services with other school districts under RCW 28A.225.250. However, when a school district contracts with an entity other than a school district and that entity employs staff to provide basic education instruction claimed by the school district for state basic education funding, the requirements of this section also apply. Instruction provided by such an entity (hereafter called the contractor) may be counted as a course of study and claimed by the school district for state funding if the following requirements are met:
(1) The school district board of directors in accordance with RCW 28A.320.015 adopts a resolution that concludes it is in the best interest of the students to expand the options available by providing an appropriate basic education program pursuant to the contract and sets forth the rationale in support of the conclusion. A board adopted resolution is not required for on-line courses purchased by the school district from an on-line provider approved by the superintendent of public instruction under RCW 28A.250.020;
(2) The school district retains full responsibility for compliance with all state and federal laws;
(3) The contractor complies with all relevant state and federal laws that are applicable to the school district;
(4) The contractor provides instruction free of sectarian
or religious influence or control((
(5) The contractor ((
serves the students at no cost to))
charges the student (( for)) no tuition (( and fees and)) for
(6) Enrollment is voluntary ((
(7) No student or person is unlawfully excluded from participation on the grounds of race, creed, color, national origin, sex, marital status, or presence of any sensory, mental, or physical handicap;
(6))) (8) Each student is enrolled in the school
district reporting the enrollment and each high school student
is working toward course credits which satisfy high school
(7))) (9) If the contractor is a state higher education
institution, a state funded education center, or any other
state funded entity, the contractor is not claiming enrollment
of the student or receiving direct state support for the
contracted instruction reported pursuant to this section.
(8))) (10) The curriculum is approved by the district.
District approval for on-line course curriculum is not
required for on-line courses offered by an on-line provider
approved by the superintendent of public instruction under RCW 28A.250.020;
(9))) (11) The contractor provides enrollment reports
to the school district that comply with this chapter;
(10))) (12) The contractor maintains and has available
for audit or review by the school district, state, or federal
authorities documentation of enrollment, hours of
instructional activity participated in by the students,
personnel data, and financial data including all revenues and
expenditures pertaining to the contract with the school
(11))) (13) If a certificated teacher employed by a
contractor other than an institution of higher education (( at
any time during the school year serves)) spends more than
twenty-five (( students which equals more than one quarter of
one)) percent (( (.0025) of the district's annual average)) of
a full-time equivalent (( enrollment claimed for basic
education funding the)) time with students for a given school
district (( reports the certificated instructional employees of
the contractor funded with any state moneys or federal moneys
that flow through)) at any time during the school year, the
school district must report the individual certificated
teacher as required by the SPI annual personnel reporting
system for calculation of state funding, staff ratios and
(12) If the contract is with an entity other than an
institution of higher education, for the students served
pursuant to the contract, the contractor maintains a ratio of
full-time equivalent certificated instructional staff serving
the annual average full-time equivalent students reported for
basic education funding pursuant to this section which is at
least equal to the district's basic education funding ratio
for the grade level of the students being reported for basic
education funding pursuant to this section;
(13))) (14) The school district and contractor execute a written contract which is consistent with this section, and which sets forth the duties of the contractor in detail sufficient to hold the contractor accountable to the school district. School districts that purchase on-line courses through the on-line course catalog provided by the office of superintendent of public instruction are exempt from this provision;
(14))) (15) The school district and contractor
establish a process for periodic (( on-site)) monitoring by the
school district for compliance with this section and other
terms of the contract between the school district and
contractor. School districts that purchase on-line courses
through the on-line course catalog provided by the office of
superintendent of public instruction are exempt from this
(15))) (16) Contracts for services for students with
disabilities shall comply with WAC 392-172A-04085 and
(16))) (17) Full-time equivalent enrollment reported
for students served under a contract with a higher education
institution shall be based on the number of hours of
instruction meeting the criteria in WAC 392-121-107 (1)(a)
provided by staff of the higher education institution under
the contract. This section does not apply to running start
enrollment, which is governed by chapter 392-169 WAC or
at-risk programs meeting the standards of subsection (18) of
this section; and
(17) When a school district contracts for an
alternative learning experience program and the contractor
exercises primary responsibility for the student's written
learning plan, the program shall be for academically at-risk
students and shall comply with RCW 28A.150.305. Enrollment in
these programs shall be reported pursuant to WAC 392-121-182.))
(18) Full-time equivalent enrollment reported for students served under contract with a community or technical college as defined in RCW 28B.50.030 shall be based on the credits generated by the student consistent with WAC 392-169-025 if the program meets the following standards:
(a) The student is earning credits applicable to a high school diploma.
(b) The program is focused on serving credit deficient students.
(c) The student population served is considered at-risk and meet the following criteria:
(i) The students have already dropped out of high school; or
(ii) The students have not demonstrated success in the traditional high school environment.
(19) The school district requires the contractor to clearly state in all of the contractor's advertising, publicity, or public statements regarding the contracted service that the service is being offered by the school district under contract.
[Statutory Authority: RCW 28A.150.290. 09-06-038, § 392-121-188, filed 2/25/09, effective 3/28/09; 07-23-024, § 392-121-188, filed 11/9/07, effective 12/10/07. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. 99-08-008 (Order 99-01), § 392-121-188, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. 95-18-097, § 392-121-188, filed 9/6/95, effective 10/7/95; 95-01-013, § 392-121-188, filed 12/8/94, effective 1/8/95.]