WSR 09-07-020




[ Filed March 6, 2009, 11:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-03-051.

Title of Rule and Other Identifying Information: WAC 392-122-420 Full-day kindergarten program -- Authority, 392-122-421 Full-day kindergarten program -- Definitions, 392-122-422 Full-day kindergarten program -- Applicable provisions, 392-122-423 Full-day kindergarten program -- Determination of eligibility, 392-122-424 Full-day kindergarten program -- Applications and approvals, 392-122-425 Full-day kindergarten program -- Subsequent determination of eligible schools, and 392-122-426 Full-day kindergarten program -- Apportionment of state moneys.

Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Olympia, WA, on April 21, 2009, at 9:00 a.m.

Date of Intended Adoption: April 22, 2009.

Submit Written Comments to: Mitch Thompson, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 725-6306, by April 20, 2009.

Assistance for Persons with Disabilities: Contact Clarice Nnanabu by April 20, 2009, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Full-day kindergarten was provided for by the legislature starting in the 2007-08 school year. These rules provide apportionment information related to the program for eligibility and funding.

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

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: 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.

March 6, 2009

Randy I. Dorn

State Superintendent


Chapter 392-122 WAC


WAC 392-122-420   Full-day kindergarten program -- Authority.   The authority for WAC 392-122-420 through 392-122-426 is:

(1) RCW 28A.150.290(1);

(2) RCW 28A.150.315; and

(3) RCW 28A.150.370.


WAC 392-122-421   Full-day kindergarten program -- Definitions.   As used in WAC 392-122-420 through 392-122-426, the following definitions shall apply:

(1) Full-day kindergarten (FDK) means an approved program that is eligible for state-funded full-day kindergarten program as provided for in the annual state operating budget;

(2) Full-time equivalent (FTE) has the same meaning as defined in WAC 392-121-122 (1)(a);

(3) "Poverty percentage" means the percentage of a school building's students who are eligible for the federal free and reduced price lunch (FRPL) as reported to OSPI for the prior school year October reporting.


WAC 392-122-422   Full-day kindergarten program -- Applicable provisions.   The following sections of this chapter are applicable to the distribution of state moneys for the full-day kindergarten program: WAC 392-122-420 through 392-122-426.


WAC 392-122-423   Full-day kindergarten program -- Determination of eligibility.   Determination for eligibility for full-day kindergarten programs is based on an individual school's poverty percentage from the prior school year.

(1) By June 1st each year the superintendent of public instruction shall develop and publish an eligibility list for FDK for the subsequent school year, pursuant to the legislative limitation parameters in the annual budget bill to include the specified percentage of kindergarten students to be served; which shall be further limited to the estimated annual funding for the full-day kindergarten program, as provided for in the state Operating Appropriations Act.

(2) Poverty percentage is determined as the higher of the following items as reported for October of the previous year:

(a) FRPL reported to child nutritional services at the superintendent of public instruction; or

(b) FRPL reported in the core student records system; or

(c) The percentage of students who qualify as a low-income student based on information provided by the school district that satisfies the requirements established in WAC 392-100-101(2) for those school districts that do not participate in the National School Lunch Program.

(3) Funding amounts per school shall be calculated in accordance with the state Operating Appropriations Act and WAC 392-121-400.

(4) School districts shall receive funding for eligible schools as follows:

(a) For September through December the additional FDK funding amount shall be calculated based upon one-half of the projected FDK enrollment submitted in the annual approved application.

(b) Commencing with the January payment funding shall be based upon the year-to-date (YTD) average FDK enrollment reported by the district less one-half of the YTD average FDK reported headcount.

(c) The remaining one-half of the YTD average FDK reported headcount will be paid under guaranteed entitlement funding on the Report 1191.


WAC 392-122-424   Full-day kindergarten program -- Applications and approvals.   Eligible schools shall submit an application to the superintendent of public instruction. This application must include the following:

(1) Assurances that the school shall comply with all program requirements outlined in RCW 28A.150.315(1);

(2) Assurances that the district can provide the full-day kindergarten program for all children of parents who request it in each eligible school for which the district is including in their application (ref: Section 511(14), chapter 329, Laws of 2008);

(3) A projected estimate of full-day kindergarten enrollment for each applicant school for the application year; and

(4) Any other requirements as established by the office of superintendent of public instruction.

The eligibility for FDK is determined based upon an individual building's student poverty and may not transfer to other buildings or students within the district.


WAC 392-122-425   Full-day kindergarten program -- Subsequent determination of eligible schools.   After consideration of the funding requirement of all submitted applications, the school projected FTE and subject to the amount of remaining funding available, the office of superintendent of public instruction may publish a subsequent list of additional eligible schools that may apply for the FDK program. Eligibility on this list shall be ranked in order of decreasing poverty percentage, in the manner outlined in WAC 392-122-423.

Upon program approval for the full-day kindergarten program, a school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for FRPL as long as all other program requirements are fulfilled.


WAC 392-122-426   Full-day kindergarten program -- Apportionment of state moneys.   Apportionment of state moneys for full-day kindergarten will be conducted in a manner prescribed by WAC 392-121-400.


Washington State Code Reviser's Office