Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 392-121-107 through 392-121-187 require updating to address changes resulting from recently passed legislative bills and revising the language to address current practice. A summarization of the changes is as follows:

•	Limit the FTE that can be claimed for running start students to 1.20 FTE,
•	Address the new June enrollment reporting requirement,
•	Change the noon intermission to meal intermission to clarify this enrollment exclusion,
•	Add city and county jails to list of institutional education entities,
•	Remove the requirement for national guard program participation be limited to school districts only, and
•	Allow the claiming of expelled students who have resumed enrollment.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-121-107, 392-121-108, 392-121-119, 392-121-122, 392-121-123, 392-121-124, 392-121-133, 392-121-136, and 392-121-187.

     Statutory Authority for Adoption: RCW 28A.150.305.

      Adopted under notice filed as WSR 12-21-135 on October 24, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 28, 2012.

Randy Dorn

Superintendent of

Public Instruction

OTS-4865.2

AMENDATORY SECTION(Amending WSR 09-06-038, filed 2/25/09, effective 3/28/09)

WAC 392-121-107   Definition -- Course of study.   As used in this chapter, "course of study" means those activities for which students enrolled pursuant to chapters 180-16, 180-51, 392-169, 392-134, and 392-410 WAC may be counted as enrolled students for the purpose of full-time equivalent student enrollment counts.

     (1) Course of study includes:

     (a) Instruction - Teaching/learning experiences conducted by school district staff as directed by the administration and the board of directors of the school district, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time for meals.

     (b) Alternative learning experience - Alternative learning experience provided by the school district in conformance with WAC 392-121-182.

     (c) Instruction provided by a contractor - Instruction provided by a contractor in conformance with WAC 392-121-188.

     (d) National guard - Participation in a national guard high school career training program for which credit is being given toward either required or elective high school credits pursuant to RCW 28A.300.165 and WAC 392-410-320. ((Such participation may be counted as a course of study only by the school district which the individual last attended.))

     (e) Ancillary service - Any cocurricular service or activity, any health care service or activity, and any other services or activities, for or in which enrolled students are served by appropriate school district staff. The term shall include, but not be limited to, counseling, psychological services, testing, remedial instruction, speech and hearing therapy, health care services, and if such service is provided by the district, certificated contact time pursuant to RCW 28A.225.010 (4)(a) with students who are in a home-based instruction program. The term shall exclude all extracurricular activities and all other courses of study defined in this section. In conformance with WAC 392-134-025, school districts report the actual number of student contact hours of ancillary service for part-time, private school, and home-based students to the superintendent of public instruction.

     (f) Work based learning - Training provided pursuant to WAC 392-410-315 and reported as provided in WAC 392-121-124.

     (g) Running start - Attendance at an institution of higher education pursuant to RCW 28A.600.300 through 28A.600.400, chapter 392-169 WAC.

     (h) Transition school - Participation in the University of Washington's transition school and early entrance program pursuant to RCW 28A.185.040, and chapter 392-120 WAC. Such participation shall be reported by the University of Washington and shall not be reported by a school district.

     (i) Technical college direct funding - Enrollment at a technical college pursuant to RCW 28A.150.275 and WAC 392-121-187. Such participation shall be reported by the technical college and shall not be reported by a school district unless the technical college and the school district agree to have the school district report such enrollment.

     (2) Course of study does not include:

     (a) Home-based instruction pursuant to RCW 28A.225.010(4): Education programs provided by a parent which do not meet the requirements of WAC 392-121-182 cannot be claimed for state funding;

     (b) Private school instruction pursuant to chapter 28A.195 RCW;

     (c) Adult education as defined in RCW 28B.50.030(12);

     (d) Instruction provided to students who do not reside in Washington state (RCW 28A.225.260);

     (e) Enrollment in state institutions, i.e., state operated group homes, county juvenile detention centers, state institutions for juvenile delinquents, county and city adult jails, and state residential habilitation centers;

     (f) Instruction preparing a student for the general education development (GED) test if such instruction generates state or federal moneys for adult education;

     (g) Enrollment in education centers except as provided under contract with a school district pursuant to RCW 28A.150.305 and WAC 392-121-188;

     (h) Enrollment in the Washington state school for the deaf and the Washington state school for the blind;

     (i) Extracurricular activities including but not limited to before and after school activities such as classes, sports and other activities offered outside the regular curriculum or for which credit is not earned; or

     (j) Attendance at universities, colleges, community colleges, or technical colleges of students not earning high school credit.

[Statutory Authority: RCW 28A.150.290. 09-06-038, § 392-121-107, filed 2/25/09, effective 3/28/09; 07-23-008, § 392-121-107, filed 11/8/07, effective 12/9/07. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. 99-08-008 (Order 99-01), § 392-121-107, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. 97-22-013 (Order 97-06), § 392-121-107, filed 10/27/97, effective 11/27/97; 95-18-097, § 392-121-107, filed 9/6/95, effective 10/7/95; 95-01-013, § 392-121-107, filed 12/8/94, effective 1/8/95. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-121-107, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-107, filed 1/11/88.]

     (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 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 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.

     (4) Suspensions - A student who has been suspended from school pursuant to WAC 392-400-260, 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 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 pursuant to WAC 392-400-275 or 392-400-295 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) 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) 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.

[Statutory Authority: RCW 28A.150.290. 10-12-037, § 392-121-108, filed 5/25/10, effective 6/25/10; 09-01-044, § 392-121-108, filed 12/10/08, effective 1/10/09; 07-23-008, § 392-121-108, filed 11/8/07, effective 12/9/07; 05-19-140, § 392-121-108, filed 9/21/05, effective 10/22/05; 97-22-013 (Order 97-06), § 392-121-108, filed 10/27/97, effective 11/27/97; 95-01-013, § 392-121-108, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. 91-02-096 (Order 50), § 392-121-108, filed 1/2/91, effective 2/2/91. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-121-108, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-108, filed 1/11/88.]

     (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 count dates for running start enrollment shall be the first school day of each month of October through June.

[Statutory Authority: RCW 28A.150.290. 97-22-013 (Order 97-06), § 392-121-119, filed 10/27/97, effective 11/27/97.]

     (1) The minimum hours for each grade are as follows:

     (a) Kindergarten: 20 hours each week, or 4 hours (240 minutes) for each scheduled school day;

     (b) Primary (grades 1 through 3): 20 hours each week, or 4 hours (240 minutes) each scheduled school day;

     (c) Elementary (grades 4 through 6): 25 hours each week, or 5 hours (300 minutes) each scheduled school day;

     (d) Secondary (grades 7 through 12): 25 hours each week, or 5 hours (300 minutes) each scheduled school day.

     (2) Except as limited by WAC 392-121-136, a student enrolled for less than the minimum hours shown in subsection (1) of this section shall be counted as a partial full-time equivalent student equal to the student's hours of enrollment divided by the minimum hours for the student's grade level set forth in subsection (1) of this section.

     (3) The full-time equivalent of a student's running start enrollment pursuant to RCW 28A.600.300 through 28A.600.400 shall be determined pursuant to chapter 392-169 WAC. If a running start student is enrolled both in high school courses provided by the school district and in running start courses provided by the college, the high school full-time equivalent and the running start full-time equivalent shall be determined separately.

     (4) The full-time equivalent of University of Washington transition school students shall be determined pursuant to chapter 392-120 WAC.

     (5) The full-time equivalent of a student's alternative learning experience shall be determined pursuant to WAC 392-121-182.

[Statutory Authority: RCW 28A.150.290. 08-04-009, § 392-121-122, filed 1/24/08, effective 2/24/08; 97-22-013 (Order 97-06), § 392-121-122, filed 10/27/97, effective 11/27/97; 95-01-013, § 392-121-122, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-122, filed 1/11/88.]

     (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 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 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 may claim nonstandard school year FTE based upon the student enrollment in the nonstandard school year school program.

[Statutory Authority: RCW 28A.150.290. 09-01-173, § 392-121-123, filed 12/23/08, effective 1/23/09; 95-01-013, § 392-121-123, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-123, filed 1/11/88.]

     (1) For cooperative work based learning experience, in accordance with WAC 392-410-315 (1)(g), divide the student's hours of work experience for the month by two hundred; for example: Forty hours of cooperative work experience equals two tenths of a full-time equivalent (40 ÷ 200 = 0.20). For instructional work based learning experience, in accordance with WAC 392-410-315 (1)(f) and 296-125-043(4), divide the student's enrolled hours of work experience for the month by one hundred; for example: Twenty hours of instructional work experience equals two tenths of a full-time equivalent (20 ÷ 100 = 0.20). Enrollment exclusions in WAC 392-121-108 apply to instructional work based learning enrolled hours.

     (2) Estimated or scheduled hours of cooperative work based learning experience may be used in determining a student's full-time equivalent on an enrollment count date: Provided, That the combined monthly hours reported for the school year shall not exceed the student's actual hours of cooperative work based learning experience documented on the student's work records and maintained by the school district for audit purposes. ((Instructional and cooperative work based learning experience during June of the regular school year shall be included in the May enrollment count.))

     (3) Work based learning provided as part of a state-approved vocational education program qualifies for enhanced vocational funding and may be included in determining a student's vocational full-time equivalent enrollment.

     (4) No more than three hundred sixty hours of cooperative work based learning may be claimed for funding for each credit a student pursues as reported on the student's transcript. No more than one hundred eighty hours of instructional work based learning may be claimed for funding for each credit a student pursues as reported on the student's transcript.

     (5) Funding may be claimed only for work based learning hours that occur after the work based learning plan, work based agreement, program orientation and new employee orientation, as defined in WAC 392-410-315, are completed.

[Statutory Authority: RCW 28A.150.290. 07-23-026, § 392-121-124, filed 11/9/07, effective 12/10/07; 04-14-068, § 392-121-124, filed 7/2/04, effective 9/1/04; 98-07-060 (Order 98-03), § 392-121-124, filed 3/17/98, effective 4/17/98.]

     (1) The annual total of full-time equivalent students enrolled on the ((nine)) ten enrollment count dates of the school year and reported to the superintendent of public instruction pursuant to WAC 392-121-122 divided by ((nine)) ten;

     (2) Annual hours of ancillary service to part-time, private school, and home-based students reported pursuant to WAC 392-121-107 divided by 720 for grades kindergarten through third and 900 for grades fourth through twelfth; and

     (3) Annual hours of eligible enrollment in nonstandard school year programs pursuant to WAC 392-121-123 divided by 720 for grades kindergarten through third and 900 for grades fourth through twelfth.

[Statutory Authority: RCW 28A.150.290. 09-03-052, § 392-121-133, filed 1/13/09, effective 2/13/09; 97-22-013 (Order 97-06), § 392-121-133, filed 10/27/97, effective 11/27/97. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. 91-02-096 (Order 50), § 392-121-133, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-133, filed 1/11/88.]

     (1) Except as provided in (a), (b) and (c) of this subsection, no student, including a student enrolled in more than one school district, shall be counted as more than one full-time equivalent student on any count date or more than one annual average full-time equivalent student in any school year.

     (a) School districts operating approved vocational skills center programs during the summer vacation months may claim additional full-time equivalent students based upon actual enrollment in such vocational skills centers on the aggregate of enrolled hours based upon the fourth day of each summer session. Each district operating an approved vocational skills center program shall be entitled to claim one annual average full-time equivalent student for each 900 hours of planned student enrollment for the summer term(s) subject to the limitation in (c) of this subsection.

     (b) Enrollment count limitations apply separately to a student's running start, skills center and high school enrollments and is limited to an overall maximum ((2.0)) 1.8 FTE.

     (c) Subject to (b) of this subsection, a student enrolled in a skill center program during the regular school year may be claimed for up to a combined 1.6 full-time equivalent student. A student enrolled in running start during the regular school year may be claimed for up to a combined 1.2 full-time equivalent student. A student enrolled in high school and skills center for more than 1.0 FTE, can be claimed for a 0.2 running start FTE.

     Each student may be claimed for a maximum of a 1.0 full-time equivalent for the skills center enrollment, a maximum of a 1.0 full-time equivalent for running start and a maximum of a 1.0 full-time equivalent for the student's high school enrollment subject to the overall ((1.6)) combined FTE ((maximum)) limitation in (b) of this subsection.

     (2) Running start enrollment counts are limited as provided in chapter 392-169 WAC and specifically as provided in WAC 392-169-060.

     (3) The full-time equivalent reported for a five year old preschool student with a disability is limited as provided in WAC 392-121-137.

     (4) No kindergarten student, including a student enrolled in more than one school district, shall be counted as more than one-half of an annual average full-time equivalent student in any school year.

     (5) A student reported as part-time on Form SPI E-672 shall not be reported by a school district for more than part-time basic education funding on that enrollment count date and the total enrollment reported by one or more school districts for basic education and on Form SPI E-672 must not exceed one full-time equivalent.

     (6) Districts providing an approved state-funded full-day kindergarten program as provided in chapter 28A.150 RCW (from E2SSB 5841) may claim up to an additional 0.50 FTE based upon student enrolled hours in excess of the 0.50 FTE provided under subsection (4) of this section.

[Statutory Authority: RCW 28A.150.290(1). 10-13-020, § 392-121-136, filed 6/4/10, effective 7/5/10. Statutory Authority: RCW 28A.150.290. 09-01-172, § 392-121-136, filed 12/23/08, effective 1/23/09; 08-04-010, § 392-121-136, filed 1/24/08, effective 2/24/08; 97-22-013 (Order 97-06), § 392-121-136, filed 10/27/97, effective 11/27/97; 95-01-013, § 392-121-136, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. 91-02-096 (Order 50), § 392-121-136, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-136, filed 1/11/88.]

     (1) The technical college shall submit a written request to the superintendent of public instruction and for each school district whose students are to be claimed by the college shall provide a copy of the interlocal agreement signed by the school district superintendent and the technical college president or authorized officials of the school district and college.

     (2) The technical college shall report enrolled students monthly (((October)) September through June) to the superintendent of public instruction pursuant to this chapter and instructions provided by the superintendent. A separate report shall be submitted for each school district whose students are reported. Reports of students eligible for state basic education support shall show the total number of students served and total nonvocational and vocational FTE students on the monthly count date. Reports shall also show the name of each student, hours of enrollment per week on the monthly count date, and the nonvocational and vocational full-time equivalent reported for the student on the count date. Technical colleges claiming direct state handicapped funding under the interlocal agreement shall also report the number of enrolled handicapped students by handicapping category on the count dates of October through ((May)) June pursuant to WAC 392-122-160 and chapter 392-172A WAC.

     (3) The technical college shall report monthly to each school district whose students are served pursuant to this section. The report shall include at a minimum the data reported to the superintendent of public instruction pursuant to subsection (2) of this section.

     (4) The technical college shall report only students who:

     (a) Were under twenty-one years of age at the beginning of the school year;

     (b) Are enrolled tuition-free;

     (c) Are enrolled in a school district with which the technical college has a signed interlocal agreement on file with the superintendent of public instruction pursuant to subsection (1) of this section;

     (d) Are enrolled in the school district for the purpose of earning a high school diploma or certificate; and

     (e) Have actually participated in instructional activity at the technical college during the current school year.

     (5) Enrollments claimed for state basic education funding by the technical college:

     (a) Shall be for courses for which the student is earning high school graduation credit through the school district or the technical college; and

     (b) Shall not include:

     (i) Enrollment which is claimed by the school district for state funding; or

     (ii) Enrollment which generates state or federal moneys for higher education, adult education, or job training for the technical college.

     (6) Full-time equivalent students reported by the technical college for state basic education funding shall be determined pursuant to WAC 392-121-106 through 392-121-183 except that the enrollment count dates shall be for the months of ((October)) September through June. If a student is enrolled in courses provided by the school district as well as courses provided by the technical college, the combined full-time equivalents reported by the school district and the technical college are limited by WAC 392-121-136.

     (7) The superintendent of public instruction shall make quarterly payments to the technical college as follows:

     (a) Basic education allocations shall be determined pursuant to chapter 392-121 WAC based on average enrollments reported by the technical college for each school district times the average allocation per full-time equivalent high school student of the school district: Provided, That allocations for students enrolled in school districts with no more than two high schools with enrollments of less than three hundred annual average full-time equivalent students shall be at the incremental rate generated by students in excess of sixty annual average full-time equivalent students. Allocations for nonvocational and vocational full-time equivalent enrollments shall be calculated separately.

     (b) Handicapped allocations shall be determined pursuant to WAC 392-122-100 through 392-122-165 based on average handicapped enrollments and the school district's average allocation per handicapped student in each handicapping category.

     (c) Quarterly payments shall provide the following percentages of the annual allocation:
    

	December	30%
	March	30%
	June	20%
	August	20%

[Statutory Authority: RCW 28A.150.290. 09-06-038, § 392-121-187, filed 2/25/09, effective 3/28/09; 94-17-096, § 392-121-187, filed 8/17/94, effective 9/17/94.]