WSR 09-08-013PROPOSED RULES
SUPERINTENDENT OFPUBLIC INSTRUCTION
[
Filed March 20, 2009,
11:36 a.m.
] Original Notice.
Preproposal statement of inquiry was filed as WSR 09-04-080.
Title of Rule and Other Identifying Information: Create
chapter 392-124 WAC, Finance -- National Guard youth challenge
apportionment.
Hearing Location(s): Office of the Superintendent of
Public Instruction, Old Capitol Building, 600 South
Washington, Olympia, WA, on May 13, 2009, at 9:00.
Date of Intended Adoption: May 14, 2009.
Submit Written Comments to: Mitch Thompson, Old Capitol
Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail
Mitch.Thompson@k12.wa.us, fax (360) 725-6306, by May 12, 2009.
Assistance for Persons with Disabilities: Contact Clarice Nnanabu by May 12, 2009, TTY (360) 664-3631 or (360)
725-6271.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules outline
the apportionment process for National Guard youth challenge
program, provide rules for determining eligibility, the
methodology for applying for funding, and a set of definitions
for terms used in the National Guard youth challenge program.
Reasons Supporting Proposal: HB 1646 from the 2002
legislative session established the creation of the National
Guard youth challenge program. RCW 28A.150.310 directs the
office of superintendent of public instruction to adopt rules
for funding this program.
Statutory Authority for Adoption: RCW 28A.150.310.
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 4, 2009
Randy I. Dorn
State Superintendent
OTS-2241.1
Chapter 392-124 WACFINANCE -- NATIONAL GUARD YOUTH CHALLENGE APPORTIONMENT
NEW SECTION
WAC 392-124-005
Authority.
The authority for this
chapter is RCW 28A.300.165 which authorizes the superintendent
of public instruction to adopt rules and regulations for the
implementation of chapter 28A.150 RCW.
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NEW SECTION
WAC 392-124-010
Purpose.
The purpose of this chapter is
to establish policies and procedures for the distribution of
state moneys to school districts for the National Guard youth
challenge program authorized by RCW 28A.150.310.
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NEW SECTION
WAC 392-124-020
Definition -- National Guard youth
challenge.
National Guard youth challenge means an
alternative program that is operated in conjunction with the
military department as defined in 2SHB 1646 in the 2002
legislative session. For the purposes of funding, the
National Guard youth challenge program shall be defined as a
separate and unique entity.
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NEW SECTION
WAC 392-124-030
Definition -- State average rate.
For the
purpose of this chapter, the state average rate for basic and
vocational programs shall be those rates established annually
for the running start program.
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NEW SECTION
WAC 392-124-035
Definition -- State average rate free and
reduced price lunch program.
For the purpose of this chapter,
the state average rate for the free and reduced price lunch
program shall be the statewide average of all students of all
districts participating in the free and reduced price lunch
program as reported to the superintendent of public
instruction.
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NEW SECTION
WAC 392-124-040
Definition -- Form P-223YC.
"Form
P-223YC" means the report of school district enrollment for
students enrolled in a National Guard youth challenge program
submitted monthly by the hosting school district(s) to the
superintendent of public instruction for the school year for
the purpose of calculating the program allocations. (1) The count dates for the National Guard youth
challenge program shall be:
(a) The fourth day of school in the months of January and
July, or the start of the term of the educational program; and
(b) The first day of school in the months of February
through June and the months of August through December.
(2) This report shall indicate the enrollment by resident
school district and serving school district.
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NEW SECTION
WAC 392-124-050
Definition -- Full-time equivalency.
For
the purposes of this chapter, full-time equivalency is
calculated as a 1.0 FTE for every one hundred hours of
instruction each month in a course of study as defined in WAC 392-121-107, a course of study shall encompass that
instruction which will generate credit towards a high school
diploma when successfully completed. Students who participate
in more than one hundred hours may be counted for more than a
1.0 FTE. FTE shall be rounded to two decimal places (e.g.,
1.725 would be reported as 1.73).
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NEW SECTION
WAC 392-124-060
Definition -- Annual average full-time
equivalency.
For the purposes of this chapter, annual average
full-time equivalency shall be calculated by taking the annual
total of full-time equivalent students enrolled on the twelve
count dates of the school year and reported to the
superintendent of public instruction Form P-223YC for the
months of September through August divided by nine. This
calculation applies to the reporting of basic education and
vocational students.
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NEW SECTION
WAC 392-124-070
Definition -- Headcount.
For the purposes
of this chapter students may be counted for a maximum of one
headcount for basic education, special education, or bilingual
education. A student who participates in more than one of
these educational opportunities shall be counted for a maximum
of one headcount under each separate category.
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NEW SECTION
WAC 392-124-080
Definition -- Annual average headcount.
For the purposes of this chapter, annual average headcount
shall be calculated by taking the sum of the monthly
headcounts as reported on Form P-223YC for the months of
September through August divided by twelve. This calculation
applies to the reporting of basic education, special
education, and bilingual education students.
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NEW SECTION
WAC 392-124-090
Definition -- Eligible student.
An
eligible student shall be one who: (1) Is likely to be expelled or is enrolled in a school
district but has been suspended;
(2) Is academically at risk; or
(3) Has been subject to repeated disciplinary actions due
to behavioral problems.
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NEW SECTION
WAC 392-124-100
Definition -- Apportionment.
Apportionment shall be paid to the school district the
National Guard youth challenge program is operating within
pursuant to chapter 28A.510 RCW.
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NEW SECTION
WAC 392-124-110
Definition -- Apportionment allocation.
The apportionment allocation shall be based and made
consistent with state funding formulas with the following
items set as: (1) The basic education funding rate shall be the basic
state average rate as defined in WAC 392-124-030.
(2) The vocational education funding rate shall be the
vocational state average rate as defined in WAC 392-124-030.
(3) The special education rate shall be 93.09% of the
basic state average rate as defined in WAC 392-124-030 with
the number of funded special education headcount limited to
12.7% of the reported basic education headcount.
(4) Funding under the following categorical programs
shall use the legislative provided formulas and rates.
Categorical programs are subject to legislative allotment and
program standards and include:
(a) Highly capable;
(b) Bilingual;
(c) Learning assistance - shall use the statewide average
for the free and reduced price lunch rate;
(d) Student achievement.
(5) Funding for categorical programs and vocational
education is subject to program approval by the superintendent
of public instruction.
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