WSR 08-22-044




[ Filed October 31, 2008, 11:39 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-19-007.

Title of Rule and Other Identifying Information: WAC 392-121-123 Nonstandard school year programs.

Hearing Location(s): Office of the Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 South Washington, Olympia, WA, on December 10, 2008, at 9:00.

Date of Intended Adoption: December 11, 2008.

Submit Written Comments to: Mitch Thompson, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 725-6306, by December 9, 2008.

Assistance for Persons with Disabilities: Contact Clarice Nnanabu by December 9, 2008, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule change allows for student enrollment during the nonstandard school year to be reported based upon enrolled FTE rather than on actual hours served.

Reasons Supporting Proposal: 2SSB 5790 section 3 allows for students attending skills centers to be claimed for a combined FTE of 1.60. This WAC change allows for reporting of those students served during the nonstandard school year to be counted under the same guidelines that are set for FTE reporting during the normal school year.

ALE programs have a different methodology for calculating FTE for apportionment funding than standard school district programs. This WAC change will allow for that methodology to be used for the nonstandard school year reporting. FTE calculation for summer programs has historically been based upon the actual hours of student attendance. With the changes in programs over the past few years it has been determined that the nonstandard school year should be based upon enrolled time rather than the actual hours served due to the complexity of calculating actual hours.

Statutory Authority for Adoption: RCW 28A.150.290(1).

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

Name of Proponent: OSPI, governmental.

Name of Agency Personnel Responsible for Drafting: Mitch Thompson, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: Calvin W. Brodie, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: Jennifer Priddy, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328.

October 27, 2008

Dr. Terry Bergeson

State Superintendent


AMENDATORY SECTION(Amending WSR 95-01-013, filed 12/8/94, effective 1/8/95)

WAC 392-121-123   Nonstandard school year programs.   ((Notwithstanding the count dates in WAC 392-121-122, a student who is participating in a course of study, other than running start and transition school, on a tuition-free basis and who has not been counted as a full-time equivalent student for all of the first nine months of the school year may be counted in any of the last three months of the school year as long as enrollment counts for such student do not exceed the limitation on enrollment counts set forth in WAC 392-121-136.)) A student participating in a program of education occurring during June, July, or August (nonstandard school year) on a tuition-free basis may be claimed for state funding to the extent that the student was not claimed as a 1.0 AAFTE during the regular school year (September through May), subject to the following:

(1) Eligible student FTE in a nonstandard school year program shall be claimed based upon the following:

(a) Enrolled hours based upon the standards in WAC 392-121-122 or 392-121-182.

(b) Credit based for student enrolled in a college program under WAC 392-121-188.

(c) A student enrolled in transition school or a running start program is not eligible for nonstandard school year funding.

(2) A district shall make month by month evaluation of the student to determine if the following conditions were met during the regular school year:

(a) The student was not home schooled or enrolled in a private school.

(b) The student was not claimed as a 1.0 FTE in a regular or institution education program.

(3) For each month in which the conditions of subsection (2) of this section are met, the district shall determine the amount of student FTE claimed for the student. To the extent the enrollment claimed is less than 1.0 FTE for each month, the school district may claim nonstandard school year FTE based upon the student enrollment in the nonstandard school year school program.

[Statutory Authority: RCW 28A.150.290. 95-01-013, 392-121-123, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-123, filed 1/11/88.]

Washington State Code Reviser's Office