WSR 09-01-173

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed December 23, 2008, 12:06 p.m. , effective January 23, 2009 ]


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

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 392-121-123.

Statutory Authority for Adoption: RCW 28A.150.290.

Adopted under notice filed as WSR 08-22-044 on October 31, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 23, 2008.

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-2011.2


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