WSR 11-23-123




[ Filed November 21, 2011, 11:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-20-067.

Title of Rule and Other Identifying Information: Definition of resident full-time student for the purposes of federal forest distribution funds to be implemented with this rule change.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 Washington Street S.E., Olympia, WA 98502, on December 28, 2011, at 10:00.

Date of Intended Adoption: December 28, 2011.

Submit Written Comments to: T. J. Kelly, P.O. Box 47200, Olympia, WA 98504, e-mail, fax (360) 725-6181, by December 22, 2011.

Assistance for Persons with Disabilities: Contact Wanda Griffin by December 22, 2011, TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to ensure accurate distribution of federal forest funds based on resident enrollment.

Reasons Supporting Proposal: If the proposal is not supported, then the increasing amount of students in alternative learning experience (ALE) programs will begin to skew the distribution of federal forest funds.

Statutory Authority for Adoption: SSB 5239, section 1(5).

Statute Being Implemented: WAC 392-121-421.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule is necessary to ensure the accurate distribution of federal forest funds, based on resident enrollment. With the increasing popularity of ALE programs across the state, it is necessary to address how these ALE enrolled students are treated with respect to this definition.

Name of Proponent: OSPI, public.

Name of Agency Personnel Responsible for Drafting: T. J. Kelly, OSPI, Olympia, Washington, (360) 725-6181; Implementation: JoLynn Berge, OSPI, Olympia, Washington, (360) 725-6301; and Enforcement: Shawn Lewis, OSPI, Olympia, Washington, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These changes are required to ensure the accurate distribution of federal dollars. It has minimal to no impact on state funding.

A cost-benefit analysis is not required under RCW 34.05.328. These changes are required to ensure the accurate distribution of federal dollars. It has minimal to no impact on state funding.

October 14, 2011

Randy Dorn

State Superintendent


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.


Washington State Code Reviser's Office