WSR 07-23-022




[ Filed November 9, 2007, 10:50 a.m. , effective December 10, 2007 ]

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

Purpose: To correct a spelling error, the word counseling was spelled with two l's and to correct the reference to WAC 180-50-315 by changing it to WAC 392-410-315.

Citation of Existing Rules Affected by this Order: Amending WAC 392-122-212.

Statutory Authority for Adoption: RCW 28A.150.290.

Adopted under notice filed as WSR 07-15-047 on July 13, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2007.

Dr. Terry Bergeson

Superintendent of

Public Instruction


AMENDATORY SECTION(Amending WSR 05-19-139, filed 9/21/05, effective 10/22/05)

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)) counseling, 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 based learning meeting the requirements of WAC ((180-50-315)) 392-410-315: Provided, That for work based learning provided pursuant to WAC ((180-50-315)) 392-410-315, a student's full-time equivalent shall be determined pursuant to WAC 392-121-124.

[Statutory Authority: RCW 28A.150.290. 05-19-139, 392-122-212, filed 9/21/05, effective 10/22/05. 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