WSR 05-13-097




[ Filed June 16, 2005, 8:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-10-047.

Title of Rule and Other Identifying Information: Definition -- State institutional education program -- Educational activity, WAC 392-122-212.

Hearing Location(s): Old Capitol Building, 600 South Washington, Olympia, WA 98504-7200, on July 26, 2005, at 9:00 a.m.

Date of Intended Adoption: August 23, 2005.

Submit Written Comments to: Rules Coordinator, Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 753-4201, by July 25, 2005.

Assistance for Persons with Disabilities: Contact Sheila Emery by July 20, 2005, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Effective September 1, 2004, WAC 392-121-124 Full-time equivalent enrollment for work based learning, which applies to basic education, was revised to implement several changes. The intention has always been to keep the work based learning rules consistent across all K-12 education, regardless of whether the work based learning takes place in a high school or an institution. Therefore, the institution education WAC 392-122-212 needs to reflect these same changes. We propose to change the institution WAC to refer to the basic education work based learning WAC. This will keep the institution WAC in sync with the basic education work based learning WAC both now and in the future.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: Chapter 28A.150 RCW.

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: Kim Thompson, Office of Superintendent of Public Instruction, (360) 725-6300; Implementation: Calvin W. Brodie, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is not applicable to nongovernmental agencies.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is not applicable to nongovernmental agencies.

June 15, 2005

Dr. Terry Bergeson

State Superintendent


AMENDATORY SECTION(Amending Order 98-09, filed 10/20/98, effective 11/20/98)

WAC 392-122-212   Definition -- State institutional education program -- Educational activity.   As used in WAC 392-122-200 through 392-122-275, "educational activity" means the following teaching/learning experiences provided by a school district or other education provider:

(1) Instruction, testing, counselling, supervision, advising, and other services provided directly by certificated staff or by classified staff who are supervised by certificated staff.

(2) Up to one hour per day of scheduled study time if the study is in conjunction with other educational activity and if the study is monitored by educational staff who are present during the study.

(3) Up to two hours per day of individual study conducted by a student when educational staff are not present if all of the following conditions are met:

(a) The study is in pursuit of high school graduation credit; or the study is in a department of corrections facility and is in pursuit of a certificate of educational competence pursuant to RCW 28B.50.536 and chapter 131-48 WAC;

(b) The study is part of a program of instruction defined by a certificated employee who evaluates the student's progress in that program;

(c) The student is making progress in the program;

(d) The study is not counted as work training experience pursuant to subsection (4) of this section; and

(e) Combined individual study time and scheduled study time pursuant to subsection (2) of this section claimed in determining the student's full-time equivalent pursuant to WAC 392-122-225 do not exceed two hours per day.

(4) Work ((experience training)) based learning meeting the requirements of WAC 180-50-315: Provided, That ((each hour of work training experience shall be considered equivalent to 0.40 hours of educational activity)) for work based learning provided pursuant to WAC 180-50-315, a student's full-time equivalent shall be determined pursuant to WAC 392-121-124.

[Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-212, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), 392-122-212, filed 1/10/92, effective 2/10/92.]

Washington State Code Reviser's Office