WSR 09-08-013

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC 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 WAC

FINANCE -- 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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Washington State Code Reviser's Office