Effective Date of Rule: September 1, 2011.

     Purpose: To define resident student enrollment for purposes of SSB 5239, section I [1](5) which shall consider and address the impact of alternative learning experience students on federal forest funds distribution. That definition is as follows: As used in RCW 28A.520.020, resident full-time equivalent students means full-time equivalent students as defined in WAC 392-121-122, excluding students enrolled in alternative learning experience (ALE) programs who reside outside the county of school district boundaries.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-121-421.

     Statutory Authority for Adoption: SSB 5349 [5239], section I [1](5) passed in 2011 legislative session.

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: This is necessary to clarify the definition of resident full-time equivalent students due to the impact that students enrolled in ALE programs have on federal forest fund distribution.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 30, 2011.

Randy Dorn

State Superintendent

OTS-4207.1

NEW SECTION
WAC 392-121-421   Definition -- Resident student -- Basic education allocation -- Federal forest funds.   As used in RCW 28A.520.020, resident full-time equivalent students means full-time equivalent students as defined in WAC 392-121-122, excluding students enrolled in alternative learning experience programs who reside outside the county of the school district boundaries.

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