WSR 25-18-072
EMERGENCY RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed August 29, 2025, 8:44 a.m., effective August 29, 2025, 8:44 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of the emergency rule making is to adopt rules to authorize full-time enrollment (FTE) funding for students enrolled in competency-based education programs identified by the state board of education as required by SB 5189 (2025).
The office of superintendent of public instruction (OSPI) will also conduct permanent rule making concerning these rules.
Citation of Rules Affected by this Order: New WAC 392-121-189; and amending WAC 392-121-107.
Statutory Authority for Adoption: SB 5189 (chapter 278, Laws of 2025).
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 be in place by the beginning of the 2025-26 school year to ensure that students enrolled in approved competency-based education programs can be claimed as a full-time student or 1.0 FTE for the purpose of generating state basic education funding.
OSPI will also conduct permanent rule making concerning these rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 29, 2025.
Chris P.S. Reykdal
State Superintendent of Public Instruction
RDS-6607.2
AMENDATORY SECTION(Amending WSR 24-14-074, filed 6/28/24, effective 7/29/24)
WAC 392-121-107DefinitionCourse 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, or teaching/learning experiences conducted by charter school staff as directed by the charter school administration and charter school board, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences that are planned and scheduled by the district or charter school 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 or charter school 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 or 392-121-1885.
(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.
(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 or charter school 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 or charter school, 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 and charter schools 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) Worksite learning - Training provided in accordance with 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 or charter school.
(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.
(j) Dropout reengagement program - Enrollment in a state approved dropout reengagement program pursuant to RCW 28A.175.100 and chapter 392-700 WAC.
(k) Paid work experience - Training provided in accordance with WAC 392-410-316 and reported as provided in WAC 392-121-139.
(l) Transition to kindergarten - Pursuant to RCW 28A.300.072 and chapter 392-425 WAC.
(m) Competency-based education programs that meet the criteria outlined in WAC 392-121-189.
(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 or 392-121-1885;
(h) Enrollment for residents of 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.
NEW SECTION
WAC 392-121-189Competency-based education requirement.
(1) This section applies solely to all competency-based education programs that have been identified by the state board of education prior to the beginning of the school year based on:
(a) School membership in the mastery-based learning collaborative established in section 502(2), chapter 334, Laws of 2021;
(b) Current waiver from credit-based graduation requirements granted by the state board of education under RCW 28A.300.750; or
(c) Approval based on a process designed and recommended by the state board of education as directed by section 3, chapter 278, Laws of 2025, once rules have been adopted by the board.
(d) State-approved dropout reengagement programs established under RCW 28A.175.100 are prohibited in using these rules to claim state funding and would be limited to the rules found in chapter 392-700 WAC.
(e) Districts can elect to claim students enrolled in eligible competency-based programs using the alternative learning experience rules provided in WAC 392-121-182 and are not required to use the rules found in this section. The decision on which method to claim each program's enrollment must be determined prior to the beginning of the school year and apply to all students within each program for the duration of the school year.
(2)(a) For students enrolled in competency-based education programs that are conducted exclusively in a school setting, the FTE in competency-based education programs is based on the student's scheduled weekly minutes divided by 1,665.
(b) For students enrolled in competency-based education programs that are conducted remotely or with a hybrid remote/in-person model, FTE will be based on the weekly minutes included in the student's documented weekly learning schedule divided by 1,665. This subsection does not reduce or eliminate any worksite learning requirements contained in WAC 392-410-315.
(3) Students enrolled in eligible competency-based education programs would be subject to the following limitations:
(a) For students enrolled in Running Start for more than six college credits and being claimed by the college for more than a 0.40 FTE, the competency-based education program FTE is limited to the difference of 1.40 FTE and the Running Start FTE.
(b) For students enrolled in a skill center course and being claimed by the skill center for more than a 0.60 FTE, the competency-based education program FTE is limited to the difference of 1.60 FTE and the FTE claimed by the skill center.
(c) For students that are enrolled in other school(s), the competency-based education program's FTE is limited to the difference of 1.00 FTE and the FTE claimed by the other school(s).
(4) FTE claimed for vocational courses as outlined in WAC 392-121-138 would be limited to the number of hours approved in the CTE framework and all other CTE program requirements must be met, including the course being delivered by an CTE endorsed instructor.
(5) District must maintain the following documentation for each student claimed as a competency-based education program FTE:
(a) For all students, evidence of participation or engagement with a certificated instructor within the prior 20 consecutive school days of the monthly count day.
(b) For students enrolled in competency-based education models where students are learning remotely or in a hybrid remote/in-person model, documentation of a certificated instructor's weekly monitoring of the student's progress.