WSR 97-15-074

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed July 16, 1997, 10:50 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-09-010.

Title of Rule: Chapter 392-134 WAC, Apportionment for part-time public school attendance.

Purpose: To allow claiming of basic education funding for part-time home-based students enrolled in public schools for alternative education. To prescribe the minimum number of minutes in a hour of instruction. To clarify when sports activities may be claimed for basic education funding. To make other clarifications as needed and delete rules determined to be unnecessary.

Statutory Authority for Adoption: RCW 28A.150.290, 28A.150.350, 28A.225.230.

Summary: See Purpose above.

Reasons Supporting Proposal: To provide parents and students with another school program. Also clarification on what constitutes an hour of instruction and other clarification is needed to make the rules easier to interpret.

Name of Agency Personnel Responsible for Drafting: Richard M. Wilson, Superintendent of Public Instruction, Olympia, 753-2298; Implementation: Thomas J. Case, Superintendent of Public Instruction, Olympia, 753-6708; and Enforcement: Michael L. Bigelow, Superintendent of Public Instruction, Olympia, 753-1718.

Name of Proponent: 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: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule will have a minor or negligible economic impact.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Wanamaker Conference Room, 2nd Floor, Old Capitol Building, 600 South Washington Street, Olympia, WA 98504-7200, on August 26, 1997, at 10:15 a.m.

Assistance for Persons with Disabilities: Contact Jim Rich by August 12, 1997, TDD (360) 664-3631, or (360) 753-6733.

Submit Written Comments to: Rules Coordinator, Legal Services, P.O. Box 47200, Olympia, WA 98504, FAX (360) 753-4201, by August 25, 1997.

Date of Intended Adoption: August 27, 1997.

July 7, 1997

Dr. Terry Bergeson

Superintendent of

Public Instruction

AMENDATORY SECTION (Amending Order 18, filed 7/19/90, effective 8/19/90)

WAC 392-134-005 Definitions. As used in this chapter the term:

(1) "Ancillary service" shall mean ((any cocurricular service or activity, any health care service or activity, and any other services or activities, except "courses," for or in which preschool through twelfth grade students are enrolled by a public school. The term shall include, but not be limited to, counseling, psychological services, testing, remedial instruction, speech and hearing therapy, health care services, tutorial services such as home or hospital instruction for the physically disabled, and sports activities)) the same as defined in WAC 392-121-107 (1)(e);

(2) "Course" shall mean any ((instructional curricular service or activity)) course of study as defined in WAC 392-121-107 other than ancillary services in which ((preschool)) kindergarten through twelfth grade students are enrolled by a public school;

(3) "Extracurricular" activities shall mean the same as defined in WAC 392-121-107 (2)(i).

(4) "Part-time public school student" shall mean a student who is enrolled in a public school for less time than a "full-time equivalent student" as defined in chapter 392-121 WAC, as now or hereafter amended, and shall include:

(a) Private school students to the extent they are also enrolled in a public school as a student thereof for the purpose of taking any course or receiving any ancillary service, or any combination of courses and ancillary services which is not available in the student's private school of attendance;

(b) Any student who is enrolled exclusively in a public school for the purpose of taking courses or receiving ancillary services and/or participating in a work training program approved by the board of directors of the district; and

(c) Any student who is participating in home-based instruction to the extent that the student is also enrolled in a public school for the purpose of taking any course or receiving any ancillary service, or any combination of courses and ancillary services.

(((4))) (5) "Private school" shall mean any nonpublic vocational school and any nonpublic school which provides instruction in any of the grades kindergarten through twelve inclusive of nonpublic sectarian (religious) schools;

(((5))) (6) "Private school student" shall mean a student who is enrolled in a private school "full time" as defined by the private school of attendance; and

(((6))) (7) "Home-based instruction" shall mean an instructional program established pursuant to RCW 28A.225.010(4).

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-134-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28.41.140 [28A.41.140] and 28A.41.145. 86-01-020 (Order 85-15), 392-134-005, filed 12/9/85. Statutory Authority: RCW 28A.41.145. 80-05-035 (Order 80-6), 392-134-005, filed 4/15/80.]

AMENDATORY SECTION (Amending Order 80-6, filed 4/15/80)

WAC 392-134-010 Attendance rights of part-time public school students. An eligible part-time public school student who qualifies as a resident of a public school district pursuant to the definition of a "resident student" set forth in chapter 392-137 WAC, as now or hereafter amended, shall be entitled to attend the schools of the district within his or her attendance area tuition free on a part-time basis. An eligible part-time public school student shall be entitled to take any course, receive any ancillary service and participate in any extracurricular activities, and take or receive any combination of courses ((and)), ancillary services, and extracurricular activities which is made available by a public school to full-time students. Eligible nonresident part-time public school students may be enrolled at the discretion of a public school district pursuant to the terms and procedures established for nonresident student attendance in chapter 392-137 WAC, as now or hereafter amended.

[Statutory Authority: RCW 28A.41.145. 80-05-035 (Order 80-6), 392-134-010, filed 4/15/80.]

AMENDATORY SECTION (Amending Order 85-15, filed 12/9/85)

WAC 392-134-020 Provision of educational program to part-time public school students--Reports--Sites. (1) Courses, ancillary services, extracurricular activities and any combination of courses ((and)), ancillary services, and extracurricular activities shall be provided to part-time public school students at the same level and quality as provided by the public school to full-time students;

(2) Except for part-time home-based students served pursuant to WAC 392-121-182 and part-time students served pursuant to chapter 392-172 WAC, courses, ancillary services, and any combination of courses and ancillary services shall be provided to part-time public school students upon public school grounds or on sites which are controlled by a public school district ((and at the home or hospital where the student may be confined by reason of a physician [physical] disability or sickness)). Courses and ancillary services shall not be provided upon or within any private sectarian (religious) school site or facility: Provided, That field trips and special events incident to the public school program which include participation by both full-time and part-time public school students may be conducted by a public school upon or within private sectarian school facilities;

(3) No test result, grade, or other evaluation of a part-time public school student's abilities, needs, and/or performance which is generated by a public school in connection with the student's attendance may be transmitted or communicated by a public school to a private school except upon the written request of a minor student's parent(s) or guardian(s) or upon the written request of the student if the student is eighteen years of age or older; and,

(4) Transportation between a part-time public school student's private school and a public school in which he/she is enrolled may not be provided to the student at the expense of a public school district in whole or part: Provided, That the following interschool transportation may be provided at the expense of a public school district:

(a) Transportation which is provided in connection with a part-time student's participation in field trips and special events permitted by subsection (2) of this section; and

(b) The transportation of part-time public school students which:

(i) Is necessary to comply with a condition to the receipt of federal funds; and

(ii) Is paid or reimbursed for with the federal funds to which the condition is attached, not state or local tax funds or revenues.

(5) Public school services provided to students in a home-based instruction program may be reported for state funding as follows:

(a) For a student who is full-time in a home-based instruction program, the public school district may report only attendance in ancillary services pursuant to WAC 392-121-107 (1)(e);

(b) For a student who is part-time in both a home-based instruction program and a public school education program, the public school district may report enrollment in courses and attendance in ancillary services pursuant to WAC 392-121-107;

(c) In no case may any participation in the home-based instruction program be reported.

[Statutory Authority: RCW 28.41.140 [28A.41.140] and 28A.41.145. 86-01-020 (Order 85-15), 392-134-020, filed 12/9/85. Statutory Authority: RCW 28A.41.145. 80-05-035 (Order 80-6), 392-134-020, filed 4/15/80.]

AMENDATORY SECTION (Amending Order 80-6, filed 4/15/80)

WAC 392-134-025 State funding procedures. (1) Public school districts shall maintain a record of the ((number of hours)) enrollment in courses and attendance in ancillary services for each part-time public school student ((is enrolled)).

(2) Each district shall report ((to)) part-time public school student enrollment in courses and attendance in ancillary services, and any combination of courses and ancillary services as prescribed annually by the superintendent of public instruction ((as required the number of hours that courses and/or ancillary services, or any combination of courses and ancillary services, are provided to part-time students in the basic enrollment data)) for state funding purposes.

(3) ((The information required by subsections (1) and (2) above shall be provided to the superintendent of public instruction on forms provided by and at such times as are designated by the superintendent.)) Districts shall not report participation in any extracurricular activities for state funding purposes.