WSR 98-24-118

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed December 2, 1998, 10:50 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-21-020.

Title of Rule: Enrollment reporting and state funding for alternative learning experience and contracted instruction, WAC 392-121-107 through 392-121-210 and 392-134-020.

Purpose: To increase program accountability, increase flexibility for distance learning and part-time enrollment, align alternative learning plans with education reform, and integrate the 1997 law allowing contracting for at-risk alternative education.

Statutory Authority for Adoption: RCW 28A.150.260 (2)(c), 28A.150.290, 28A.150.305(4).

Statute Being Implemented: Chapter 265, Laws of 1997.

Summary: Alternative learning experience program standards are clarified, student learning plans are strengthened and linked to learning goals. Schools are allowed to contract for alternative learning experience programs for at-risk students.

Reasons Supporting Proposal: Changes respond to developments in state education reform, new distance learning technology, and a need for greater accountability. Changes also allow contracting pursuant to chapter 265, Laws of 1997.

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

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: In addition to the public hearing shown below, the Office of Superintendent of Public Instruction plans to solicit public comment through a video teleconference during the week of January 11-15, 1999 (date and time to be determined). The video conference will allow participation from several sites around the state.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Accountability for alternative learning experience is increased by: Clarifying program standards and stressing school district control of the program; requiring monthly student evaluations, annual student assessments, and annual reporting of enrollment; and requiring school board resolutions to identify responsible administrators and to be filed with the Office of Superintendent of Public Instruction.

Flexibility for distance learning is increased by allowing student/teacher contact requirements to be waived. Flexibility is provided for part-time enrollment in alternative learning experience by home-based students.

Alternative learning experience is linked to education reform by requiring written student learning plans to reference essential academic learning requirement and student learning goals defined in education reform.

The rules allow school districts to contract for alternative learning experience programs for at-risk students as provided in chapter 265, Laws of 1997.

Accountability changes will tend to restrict the growth of alternative learning experience programs. Flexibility changes will tend to promote the growth of these programs.

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impacts have been identified.

RCW 34.05.328 does not apply to this rule adoption. These rules are necessary for the administration of the Basic Education Act which requires the Office of Superintendent of Public Instruction to define how full-time equivalent enrollment is determined for the purposes of state funding.

Hearing Location: Brouillett Conference Room, 4th Floor, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on January 15, 1999, at 9:00.

Assistance for Persons with Disabilities: Contact Sheila Emery by December 31, 1998, TDD (360) 664-3631, or (360) 753-6758.

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 January 14, 1999.

Date of Intended Adoption: January 18, 1999.

December 2, 1998

Terry Bergeson

Superintendent of

Public Instruction

OTS-2669.2

AMENDATORY SECTION (Amending Order 97-06, filed 10/27/97, effective 11/27/97)



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, 180-50, 180-51, 392-169 and 392-134 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 the 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 ((conducted)) provided by the school district in conformance with WAC 392-121-182.

(c) ((Contracting - with a higher education institution in conformance with WAC 392-121-183.)) 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.305.170 and WAC 180-50-320. 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 180-50-315 and reported as provided in WAC 392-121-124. ((One hour per scheduled school day may be counted for not less than four hundred five hours of scheduled work experience.))

(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.

(((j) Contracting - with an agency pursuant to WAC 392-121-188.

(k) Contracting - with a public or nonpublic school agency for students with a disability in accordance with WAC 392-172-222.))

(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, 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. 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.]



AMENDATORY SECTION (Amending WSR 95-18-097, filed 9/6/95, effective 10/7/95)



WAC 392-121-182  Alternative learning experience requirements. ((An alternative learning experience may be counted as a course of study. An alternative learning experience is an individualized course of study for a student who is not home-based pursuant to RCW 28A.225.010(4), a private school student pursuant to RCW 28A.225.010 (1)(a), or an adult education student. The alternative learning experience is provided in accordance with a written alternative learning experience plan that is implemented pursuant to the school district board's policy for alternative learning experiences. The school district board policy must have been adopted in a public meeting. The alternative learning experience is provided by the school district and may be conducted in part outside of the regular classroom. A portion of the alternative learning experience may be provided by the student's parent(s) or guardian under supervision by the school district. Such alternative learning experience may be counted as a course of study pursuant to WAC 392-121-107 if the following requirements are met:

(1) School district board policies for alternative learning experiences -- Effective January 1, 1996, each school district claiming basic education funding for alternative learning experiences shall have written policies on file that:

(a) Require a written plan for each student participating in an alternative learning experience that meets the minimum criteria pursuant to subsection (2) of this section;

(b) Require that all alternative learning experience curriculum and course requirements be approved by the school district;

(c) Describe how student performance will be supervised, evaluated, and recorded by school district staff;

(d) Require that each student's educational progress will be reviewed at least once during the first twenty school days and afterwards at least once every forty-five school days and that the results of each evaluation shall be communicated to the student and if the student is in grades K-8, the student's parent or guardian. If the school district determines that a student is not substantially successful in completing the learning activities described in the written alternative learning experience plan, a revised written plan may be implemented. Any revised written plan shall be designed to enable the student to be substantially successful in completing the learning activities described in the revised written plan within ninety school days from the date that the district first determines that the student is not substantially successful in completing the assigned learning activities included in the original written plan. If the school district determines that the student is still not substantially successful in completing their assigned learning activities after ninety school days from the date that the district first determines that the student is not substantially successful in completing the learning activities included in the original written plan, or sooner at the discretion of the school district, a plan to remove the student from the alternative program shall be devised. Such plan shall specify that the student shall be removed from the alternative program no later than the end of the current school year for a period of at least one school term. Students removed from the alternative program shall be offered the opportunity to enroll in another course of study as defined in WAC 392-121-107;

(e) A requirement that the alternative learning experience plan for each student and all records of enrollment, attendance, and total hours of participation in educational activities for the student are maintained and available for audit in the appropriate school building; and

(f) At the discretion of the school district board, the policy may describe responsibilities of the student's parent(s) or guardian including, but not limited to:

(i) Approval of the written alternative learning experience plan;

(ii) Responsibility for the parent(s) or guardian to provide or supervise a portion of the student's alternative learning experience if the parent(s) or guardian agrees; and

(iii) Requirements to meet with district staff for purposes of evaluating the student's performance and/or receiving instructions on assisting with the student's alternative learning experience. The school district board may also prescribe requirements for appointing a person to provide or supervise a portion of the student's alternative learning experience in the event the student's parent(s) or guardian will not or can not be a participant in the student's alternative learning experience;

(2) A written alternative learning experience plan is developed -- Effective January 1, 1996, the alternative learning experience plan for a student shall be)) Effective in the 1999-2000 school year and thereafter, alternative learning experience may be counted as a course of study and claimed for state funding as provided in this section.

(1) Purpose. This section provides an alternative method of determining full-time equivalent enrollment and claiming state funding for public school learning opportunities that are:

(a) Developed and controlled by certificated staff of a school district or a contractor under RCW 28A.150.305; and

(b) Provided in whole or part, outside public school classrooms.

The section sets forth the standards, procedures, and requirements for state funded alternative learning experience programs. This section is not intended to prevent or limit alternative instruction or services provided by a school district with federal or local resources.

(2) School board policies. The board of directors of a school district claiming state funding for alternative learning experience shall adopt and periodically review written policies which shall be filed with the superintendent of public instruction within thirty days of adoption or revision. Such policies shall:

(a) Identify and approve each alternative learning program and program provider;

(b) Satisfy the state board of education's requirements for recognizing credit for learning experience conducted away from school or by persons not employed by the school district pursuant to WAC 180-50-300; and

(c) Designate one or more school district official(s) responsible for approving alternative learning courses, monitoring compliance with this section, and reporting at least annually to the board of directors on the program.

(3) Program standards.

(a) Instruction claimed for state funding shall be provided tuition-free.

(b) The program shall be free of sectarian or religious influence or control as required by the United States and Washington state Constitutions.

(c) Each course shall be approved by a designated school district official.

(d) The curriculum shall be developed and controlled by school district certificated staff or certificated staff of the contractor with the approval of the school district. Parents may assist in the development and delivery of a student's alternative learning program, but certificated staff of the school district or the contractor must actually assume and exercise the primary responsibility and final authority over the student's program, evaluation, and assessment.

(e) Contracting for alternative learning experience programs pursuant to WAC 392-121-188 shall be limited to programs for academically at-risk students and shall meet the requirements of RCW 28A.150.305.

(4) Written student learning plan. Beginning with the 1999-2000 school year, each student claimed for basic education funding for alternative learning experience shall have on the enrollment count date, a written plan of instruction designed to meet the individual needs of the student((,)) and ((shall be)) approved by ((a school district official and any other person(s) as required or allowed by school district policy)) certificated staff of the school district or the contractor. The written plan shall include, but not be limited to, the following elements:

(a) A schedule of the duration of the program, including beginning and ending dates((;)).

(b) ((A description of)) The student's learning goals and performance objectives described with reference to the student learning goals of RCW 28A.150.210 and the essential academic learning requirements of RCW 28A.630.885. Such goals and objectives shall be in sufficient detail to guide and inform the monthly evaluations and annual assessment of the student's achievement. For elementary students, the plan shall identify learning goals for each of the basic skill areas.

(c) The learning activities the student is expected to ((successfully)) complete((. Such description shall be sufficient in detail to guide and advise the student of the expectations;

(c) A description of the teaching component(s) of the program, including where and when teaching activities will be conducted by school district staff;

(d) A description of the responsibilities of the student including a requirement that if, on average, the student attends school less than five hours a week, the student shall meet one-on-one with qualified district staff for an average minimum of sixty minutes every five school days for instruction, review of the student's assignments, testing, and/or other learning activities. If more than one student meets with a qualified district staff member at one time, the required time is increased proportionately, for example, the requirement becomes one hundred twenty minutes if two 1.0 full-time equivalent students meet with the staff member at one time; and

(e) A reasonably accurate estimate of the)), the instructional materials to be used, and the individuals responsible for providing or supervising the activities. The responsibilities of certificated staff, classified staff, contracted staff, the student's parent(s) or guardian, and other individuals shall be separately identified.

(d) A description of how student performance will be evaluated by certificated staff.

(e) If the course is for high school credit, the amount of credit awarded for successful completion of the course.

(f) The scheduled average ((number of)) hours per ((month)) week that the student will be engaged in learning activities ((to meet the requirements of the alternative)) defined in the student learning ((experience)) plan. ((This estimate may be used in reporting enrollment in compliance with subsection (3) of this section and must be based upon the criteria in subsection (3)(a)(i) of this section;)) A minimum of twenty percent of scheduled hours shall be on school grounds or in direct contact with instructional staff of the school district or contractor. The superintendent of public instruction may waive the twenty percent requirement for distance learning programs if the school district provides acceptable assurances of program quality and accountability.

(((3) Reporting)) (5) Enrollment reporting -- Effective beginning with the ((1995-96)) 1999-2000 school year the full-time equivalency of students enrolled in alternative learning experiences shall be ((determined)) based ((upon both (a) and (b) of this subsection as follows:

(a) Using)) on the definition of a full-time equivalent student in WAC 392-121-122 and the number of hours ((that each student engages in learning activities as determined by either (a)(i) or (ii) of this subsection )) determined as follows:

(((i) The total number of hours that the student engages in learning activities pursuant to the written alternative learning experience plan including:

(A) Those hours that meet the criteria in WAC 392-121-107 (1)(a);

(B) Those hours of work based learning calculated in accordance with WAC 392-121-107 (1)(f);

(C) Those hours of learning activity other than those specified in (a)(i)(A), (B) and (D) of this subsection that are provided by the student's parent(s) or guardian, or other person as designated by the written plan, under the direct supervision of the district's qualified instructional staff; and

(D) Those hours that the student participates in learning activities other than those specified in (a)(i)(A), (B) and (C) of this subsection. Such learning activity shall be pursuant to the student's alternative learning experience plan and if the student is in grades K-8, only includes those hours the student is supervised by the student's parent(s) or guardian or other person designated by the written alternative learning experience plan;

(ii) The district may use the estimated average hours per month the student is engaged in learning activities as stated in the alternative learning experience plan which meet the requirements of (a)(i) of this subsection: Provided, That for any count date on which the student has averaged, for the immediate two prior months during the current school year, a number of hours engaged in learning activities that differ by more than five hours a week from the alternative learning experience plan estimate pursuant to subsection (2)(e) of this section, the district shall adjust the full-time equivalency of the student for such count date to the lesser of 1.0 or the full-time equivalency calculated using the two-month average;

(b) The district shall exclude students meeting the definition of enrollment exclusions in WAC 392-121-108 or students who have not met with appropriate district staff for twenty consecutive school days. Any such student shall not be counted as an enrolled student until the student has met with appropriate district staff and resumed participation in their alternative learning experience or participated in another course of study as defined in WAC 392-121-107;

(4))) (a) On the first enrollment count date, the scheduled hours of learning activity in the student's written plan pursuant to subsection (4)(f) of this section.

(b) On subsequent monthly count dates, if the student remains enrolled in the course, the lesser of the student's scheduled hours of learning activity or the average documented hours of learning activity per week pursuant to the student's written plan for the prior month including:

(i) Instruction provided or supervised by school staff;

(ii) Instruction provided or supervised by the student's parent(s) or guardian(s), a contractor, or other persons designated by the written plan;

(iii) For high school students, self-directed study reported by the student and acknowledged by the certificated staff identified in the student's written learning plan; and

(iv) Hours of excused absence approved by certificated staff identified in the student's written learning plan.

(c) In addition to other state enrollment reporting requirements, the school district shall report alternative learning enrollment at least annually as required by the superintendent of public instruction. The report shall separately identify alternative learning experience enrollment of at-risk students provided under contract pursuant to RCW 28A.150.305 and WAC 392-121-188.

(6) Student evaluation and assessment.

(a) Each student's educational performance shall be evaluated at least monthly based on the learning goals and performance objectives defined in the written learning plan.

(b) The evaluation shall be conducted by certificated staff and shall include direct personal contact with the student. In the case of distance learning students at remote locations, direct personal contact may include use of telephone, interactive computer, or interactive video communication. Assessment of distance learning students at remote locations shall make use of proxies or proctors as needed to insure validity of evaluation results.

(c) The results of the evaluation shall be communicated to the student and, if the student is in grades K-8, the student's parent or guardian.

(d) Based on the evaluation, certificated staff shall determine and document in writing whether the student is making satisfactory progress in completing the learning activities and reaching the learning goals and performance objectives defined in the written plan.

(e) If the student is not making satisfactory progress for two consecutive months, a revised written plan shall be developed and implemented or the student shall be dropped from the course.

(f) If the student fails to follow the written learning plan, the plan shall be revised or the student shall be dropped from the course.

(g) Each student's educational progress shall be assessed at least annually using the state assessment provided for the grade level, or using another standardized assessment selected by the school district when a state assessment is not provided for the grade level.

(7) Documentation. ((required -- Effective with the 1995-96 school year the district shall keep on file in the appropriate school building and have available for audit, documentation of all hours of learning activities used to determine the student's full-time equivalency including documentation of the following:

(a) For students in grades K-8, written statements from the student's parent(s) or guardian or other person as designated by the written alternative learning experience plan. Such statements shall be submitted to the district on a monthly basis or more often at the discretion of the district and shall list those hours that the student has engaged in planned learning activities while not in the presence of district staff. Reported hours shall be used to determine the full-time equivalency of the student pursuant to subsection (3) of this section; and

(b) For students in grades 9-12, the student shall submit to the district written statements on a monthly basis or more often at the discretion of the district. Such statements shall list those hours that the student has engaged in planned learning activities while not in the presence of district staff. Reported hours shall be used to determine the full-time equivalency of the student pursuant to subsection (3) of this section;

(5) Effective with the 1995-96 school year)) A school district claiming state funding for alternative learning experience shall maintain the following written documentation available for audit:

(a) The board of directors' approval of the program pursuant to subsection (2) of this section;

(b) The written student learning plans required by subsection (4) of this section;

(c) Student evaluations and assessments required by subsection (6) of this section;

(d) Student enrollment detail substantiating full-time equivalent enrollment reported to the state; and

(e) The demonstration of program support required by subsection (8) of this section.

(8) Demonstration of program support. The school district shall either:

(a) Maintain 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 band of the students being reported for basic education funding pursuant to this section; or

(b) Separately account for, document, and have available for audit, evidence that ((the district expends during the school year)) at least seventy percent of the basic education entitlement claimed for students enrolled in alternative learning experiences is expended on the alternative learning experience program during the school year. Such expenditures shall be direct expenditures in valid activities in the following programs as defined in the Accounting Manual for Public School Districts in Washington State for the school year:

(i) Program 01, Basic Education; and/or

(ii) Program 31, Vocational, Basic, State; and/or

(iii) Program 45, Skills Center, Basic, State.



[Statutory Authority: RCW 28A.150.290. 95-18-097, 392-121-182, filed 9/6/95, effective 10/7/95; 95-01-013, 392-121-182, 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), 392-121-182, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-182, filed 1/11/88.]



AMENDATORY SECTION (Amending WSR 95-18-097, filed 9/6/95, effective 10/7/95)



WAC 392-121-188  ((Contracting with an agency.)) Instruction provided under contract. ((Contracting with an agency)) 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. However, when a school district contracts with an entity which employs staff to provide basic education instruction claimed by the school district for state support, 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 ((pursuant to WAC 392-121-107 if)) and claimed by the school district for state funding if the following requirements are met:

(1) ((Effective with the 1995-96 school year)) 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 ((to)) by providing an appropriate basic education program ((for those students that are to be educated)) pursuant to the contract and sets forth the rationale in support of the conclusion;

(2) The school district retains full responsibility for compliance with all state and federal laws;

(3) The ((agency)) contractor complies with all 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 ((agency)) contractor serves the students at no cost to the student for tuition and fees and enrollment is voluntary and 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;

(((5))) (6) 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 graduation requirements;

(((6) There is a requirement that)) (7) If the contractor is another school district, 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) The curriculum ((for the student shall be)) is approved by the district;

(((7))) (9) The ((agency)) contractor provides enrollment reports to the school district that comply with ((the definition of a full-time equivalent student in WAC 392-121-122, work based learning in WAC 392-121-107 (1)(f), limitations on enrollment counts in WAC 392-121-136, and enrollment exclusions in WAC 392-121-108)) this chapter;

(((8))) (10) The ((agency)) 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 district;

(((9) If an agency)) (11) If a contractor at any time during the school year serves more than twenty-five students which equals more than one quarter of one percent (.0025) of the district's annual average full-time equivalent enrollment claimed for basic education funding the school district reports the certificated instructional employees of the ((agency)) contractor funded with any state moneys or federal moneys that flow through the school district as required by the SPI annual personnel reporting system for calculation of state funding, staff ratios and statistics;

(((10) Effective with the 1995-96 school year)) (12) If the contract is with an entity other than a school district or college for the students served pursuant to the contract, the ((agency)) 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;

(((11))) (13) The school district and ((agency)) contractor execute a written contract which is consistent with this section, and which sets forth the duties of the ((agency)) contractor in detail sufficient to hold the ((agency)) contractor accountable to the school district; ((and

(12))) (14) The school district and ((agency)) 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 ((agency)) contractor;

(15) Contracts for services for students with disabilities shall comply with WAC 392-172-220;

(16) 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; and

(17) Contracts for alternative education programs for academically at-risk students shall comply with RCW 28A.150.305. Alternative learning experience enrollment claimed for state funding shall meet the requirements of WAC 392-121-182.



[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.]



AMENDATORY SECTION (Amending Order 95-09, filed 10/18/95, effective 11/18/95)



WAC 392-121-201  Definition--((Agency)) Contractor certificated employee. As used in this chapter, "((agency)) contractor certificated employee" means a person who holds a professional education certificate issued by the superintendent of public instruction and who is employed by ((an agency)) a contractor as defined in WAC 392-121-188 in a position for which such certificate is required.



[Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), 392-121-201, filed 10/18/95, effective 11/18/95.]



AMENDATORY SECTION (Amending Order 95-09, filed 10/18/95, effective 11/18/95)



WAC 392-121-206  Definition--((Agency)) Contractor certificated instructional employee. As used in this chapter, "((agency)) contractor certificated instructional employee" means any ((agency)) contractor certificated employee where:

(1) The ((agency)) contractor, pursuant to WAC 392-121-288, serves more than twenty-five students which equals more than one-quarter of one percent (.0025) of the district's annual average full-time equivalent enrollment claimed for basic education funding; and

(2) The employee provides services to such students solely as one or both of the following:

(a) An elementary, secondary or other teacher who instructs pupils in classes or courses; or

(b) An educational staff associate who assists, evaluates, counsels, or instructs students in a manner consistent with the employee's educational staff associate certificate.



[Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), 392-121-206, filed 10/18/95, effective 11/18/95.]



AMENDATORY SECTION (Amending Order 95-09, filed 10/18/95, effective 11/18/95)



WAC 392-121-210  Definition--Basic education certificated instructional employee. As used in this chapter, "basic education certificated instructional employee" means a district certificated instructional employee or ((an agency)) a contractor certificated instructional employee assigned in whole or in part to the following programs as defined in the accounting manual for public school districts in the state of Washington:

(1) Basic education, program 01;

(2) Vocational, basic, state, program 31;

(3) Skills center, basic, state, program 45;

(4) Instruction support, program 94; and

(5) District-wide support, program 97.



[Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), 392-121-210, filed 10/18/95, effective 11/18/95; 92-23-044 (Order 92-15), 392-121-210, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-210, filed 1/11/88.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 392-121-10603 Definition--Higher education institution.

WAC 392-121-10604 Definition--Agency.

WAC 392-121-183 Contracting with a higher education institution.

OTS-2670.1

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, and any combination of courses and ancillary services 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 enrollment in alternative learning experiences pursuant to WAC 392-121-182 and except for part-time students with disabilities 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])) 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.



[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.]

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