WSR 16-08-062 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed April 4, 2016, 11:01 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-05-060.
Title of Rule and Other Identifying Information: WAC 392-121-107 Definition—Course of study.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Policy Conference Room, 600 South Washington Street, Olympia, WA 98501, on May 10, 2016, at 10:00 a.m.
Date of Intended Adoption: May 12, 2016.
Submit Written Comments to: Becky McLean, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail becky.mclean@k12.wa.us, fax (360) 664-3683, by May 10, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by May 3, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This WAC requires updating to add dropout reengagement programs pursuant to chapter 392-700 WAC to the list of activities that are defined as a course of study. Additionally, clarification is needed to address that only resident enrollment at a state school does not meet the definition of a course of study.
Statutory Authority for Adoption: RCW 28A.150.290.
Statute Being Implemented: RCW 28A.150.290.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: JoLynn Berge, 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 - no small business impact, no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
March 31, 2016
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-107 Definition—Course of study.
As used in this chapter, "course of study" means those activities for which students enrolled pursuant to chapters 180-16, 180-51, 392-169, 392-134, and 392-410 WAC may be counted as enrolled students for the purpose of full-time equivalent student enrollment counts.
(1) Course of study includes:
(a) Instruction - Teaching/learning experiences conducted by school district staff as directed by the administration and the board of directors of the school district, or teaching/learning experiences conducted by charter school staff as directed by the charter school administration and charter school board, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences that are planned and scheduled by the district or charter school for the purpose of discussing students' educational needs or progress, and exclusive of time for meals.
(b) Alternative learning experience - Alternative learning experience provided by the school district or charter school in conformance with WAC 392-121-182.
(c) Instruction provided by a contractor - Instruction provided by a contractor in conformance with WAC 392-121-188 or 392-121-1885.
(d) National guard - Participation in a national guard high school career training program for which credit is being given toward either required or elective high school credits pursuant to RCW 28A.300.165 and WAC 392-410-320.
(e) Ancillary service - Any cocurricular service or activity, any health care service or activity, and any other services or activities, for or in which enrolled students are served by appropriate school district or charter school staff. The term shall include, but not be limited to, counseling, psychological services, testing, remedial instruction, speech and hearing therapy, health care services, and if such service is provided by the district or charter school, certificated contact time pursuant to RCW 28A.225.010 (4)(a) with students who are in a home-based instruction program. The term shall exclude all extracurricular activities and all other courses of study defined in this section. In conformance with WAC 392-134-025, school districts and charter schools report the actual number of student contact hours of ancillary service for part-time, private school, and home-based students to the superintendent of public instruction.
(f) Work based learning - Training provided pursuant to WAC 392-410-315 and reported as provided in WAC 392-121-124.
(g) Running start - Attendance at an institution of higher education pursuant to RCW 28A.600.300 through 28A.600.400, chapter 392-169 WAC.
(h) Transition school - Participation in the University of Washington's transition school and early entrance program pursuant to RCW 28A.185.040, and chapter 392-120 WAC. Such participation shall be reported by the University of Washington and shall not be reported by a school district or charter school.
(i) Technical college direct funding - Enrollment at a technical college pursuant to RCW 28A.150.275 and WAC 392-121-187. Such participation shall be reported by the technical college and shall not be reported by a school district unless the technical college and the school district agree to have the school district report such enrollment.
(j) Dropout reengagement program - Enrollment in a state approved dropout reengagement program pursuant to RCW 28A.175.100 and chapter 392-700 WAC.
(2) Course of study does not include:
(a) Home-based instruction pursuant to RCW 28A.225.010(4): Education programs provided by a parent which do not meet the requirements of WAC 392-121-182 cannot be claimed for state funding;
(b) Private school instruction pursuant to chapter 28A.195 RCW;
(c) Adult education as defined in RCW 28B.50.030(12);
(d) Instruction provided to students who do not reside in Washington state (RCW 28A.225.260);
(e) Enrollment in state institutions, i.e., state operated group homes, county juvenile detention centers, state institutions for juvenile delinquents, county and city adult jails, and state residential habilitation centers;
(f) Instruction preparing a student for the general education development (GED) test if such instruction generates state or federal moneys for adult education;
(g) Enrollment in education centers except as provided under contract with a school district pursuant to RCW 28A.150.305 and WAC 392-121-188 or 392-121-1885;
(h) Enrollment ((in)) for residents of the Washington state school for the deaf and the Washington state school for the blind;
(i) Extracurricular activities including but not limited to before and after school activities such as classes, sports and other activities offered outside the regular curriculum or for which credit is not earned; or
(j) Attendance at universities, colleges, community colleges, or technical colleges of students not earning high school credit.
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