WSR 09-11-030




[ Filed May 11, 2009, 11:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-06-039.

Title of Rule and Other Identifying Information: WAC 392-121-106 Definition -- Enrolled student.

Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Olympia, WA, on June 23, 2009, at 9:00 a.m.

Date of Intended Adoption: June 24, 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 June 22, 2009.

Assistance for Persons with Disabilities: Contact Clarice Nnanabu by June 22, 2009, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: There has come into question conflicts between WAC 392-121-108(1) and 392-121-106(4). This change will clear the conflict.

Reasons Supporting Proposal: There has come into question conflicts between WAC 392-121-108(1) allowing for twenty days of absence and WAC 392-121-106(4) which states that a student cannot be counted if they haven't attended within the first four days of the current school term. The conflict arises within the second school term where the student may not have been absent for twenty days, but WAC 392-121-106(4) prohibits the district from counting the student. This simply changes the wording to say current school year rather than current school term which would then allow for the district to exercise the twenty day absence rule.

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.

May 11, 2009

Randy I. Dorn

State Superintendent


AMENDATORY SECTION(Amending Order 95-03, filed 4/25/95, effective 5/26/95)

WAC 392-121-106   Definition -- Enrolled student.   As used in this chapter, "enrolled student" means a person residing in Washington state who:

(1) Is eligible to enroll in the school district's education programs because he or she:

(a) Resides in the school district with or without an address (RCW 28A.225.010, 28A.225.160 and 28A.225.215);

(b) Resides on a United States reservation, national park, national forest, or Indian reservation contiguous to the school district (RCW 28A.225.170);

(c) Resides in a school district not offering the grade for which they are eligible to enroll such as a nonhigh district (RCW 28A.225.210);

(d) Has been released from the school district he or she resides in and has been accepted by the school district claiming enrollment (RCW 28A.225.225 and 28A.225.230);

(e) Will be attending the school district as part of an interdistrict cooperative program (RCW 28A.225.250); or

(f) Will be attending school in a school district in another state per a reciprocity agreement pursuant to RCW 28A.225.260.

(2) After the close of the prior school year has presented himself or herself, or has been presented, to the school district's appropriate official to be entered on the school district's rolls for the purpose of attending school in grades kindergarten through twelve;

(3) Is under twenty-one years of age at the beginning of the school year;

(4) Actually participated on a school day during the first four school days of the current school term (semester or quarter), or on a school day during the current school ((term)) year on or prior to the date being counted, in a course of study offered by the school district as defined in WAC 392-121-107; and

(5) Does not qualify for any of the enrollment exclusions set forth in WAC 392-121-108.

[Statutory Authority: RCW 28A.150.290. 95-10-011 (Order 95-03), 392-121-106, filed 4/25/95, effective 5/26/95; 95-01-013, 392-121-106, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-106, filed 1/11/88.]

Washington State Code Reviser's Office