WSR 17-16-162
PERMANENT RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed August 2, 2017, 6:16 a.m., effective September 2, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Section 502 (1)(e)(ii) of the 2015-17 biennial budget (ESSB 6052) requires the office of superintendent of public instruction (OSPI) to align its agency rules defining a full-time equivalent (FTE) student to current law defining the minimum instructional hours for public schools. These rule amendments change the annual average FTE to one thousand hours and the monthly FTE for all grades to twenty-seven hours and forty-five minutes weekly beginning with the 2018-19 school year. Currently, the annual average FTE is seven hundred twenty hours for grades K-3 and nine hundred hours for grades 4-12. The amendment also make[s] minor technical revisions to the rules.
OSPI, the state board for community and technical colleges, and the Washington student achievement council, as well as the Council of Presidents representing the baccalaureate colleges, have reviewed and agreed upon the amendment to WAC 392-169-057.
Citation of Existing Rules Affected by this Order: Amending chapters 392-121, 392-122, and 392-169 WAC.
Statutory Authority for Adoption: RCW 28A.150.290.
Adopted under notice filed as WSR 17-12-061 on June 2, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 2, 2017.
Chris P. S. Reykdal
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-122 DefinitionFull-time equivalent student.
As used in this chapter, "full-time equivalent student" means each enrolled student in the school district or charter school as of one of the enrollment count dates for at least the minimum number of hours set forth in subsection (1) of this section, inclusive of class periods and normal class change passing time, but exclusive of meal intermissions: Provided, That each hour counted shall contain at least 50 minutes of instruction or supervised study provided by appropriate instructional staff. The purpose of recognizing "50 minute hours" is to provide flexibility to school districts and charter schools which utilize block periods of instruction so long as students are ultimately under the jurisdiction of school staff for the equivalent of 60 minute hours: Provided further, That the hours set forth below shall be construed as annual average hours for the purposes of compliance with this chapter.
(1)(a) Prior to the 2018-19 school year, the minimum hours for each grade are as follows:
(((a))) (i) Kindergarten: 20 hours each week, or 4 hours (240 minutes) for each scheduled school day;
(((b))) (ii) Primary (grades 1 through 3): 20 hours each week, or 4 hours (240 minutes) each scheduled school day;
(((c))) (iii) Elementary (grades 4 through 6): 25 hours each week, or 5 hours (300 minutes) each scheduled school day;
(((d))) (iv) Secondary (grades 7 through 12): 25 hours each week, or 5 hours (300 minutes) each scheduled school day.
(b) Beginning with the 2018-19 school year, the minimum hours for all grades are 27 hours and 45 minutes each week (1,665 weekly minutes), or 5 hours and 33 minutes (333 minutes) for each scheduled school day.
(2) Except as limited by WAC 392-121-136, a student enrolled for less than the minimum hours shown in subsection (1) of this section shall be counted as a partial full-time equivalent student ((equal to the student's hours of enrollment)).
(a) Prior to the 2018-19 school year, a student's partial full-time equivalent is the student's weekly enrolled hours divided by the minimum hours for the student's grade level set forth in subsection (1)(a) of this section.
(b) Beginning with the 2018-19 school year, a student's partial full-time equivalent is the student's weekly enrolled minutes divided by 1,665.
(3) The full-time equivalent of a student's running start enrollment pursuant to RCW 28A.600.300 through 28A.600.400 shall be determined pursuant to chapter 392-169 WAC. If a running start student is enrolled both in high school courses provided by the school district or charter school and in running start courses provided by the college, the high school full-time equivalent and the running start full-time equivalent shall be determined separately.
(4) The full-time equivalent of University of Washington transition school students shall be determined pursuant to chapter 392-120 WAC.
(5) The full-time equivalent of a student's alternative learning experience shall be determined pursuant to WAC 392-121-182.
AMENDATORY SECTION (Amending WSR 13-02-004, filed 12/19/12, effective 1/19/13)
WAC 392-121-133 DefinitionAnnual average full-time equivalent students.
As used in this chapter, "annual average full-time equivalent students" means the sum of the following:
(1) The annual total of full-time equivalent students enrolled on the ten enrollment count dates of the school year and reported to the superintendent of public instruction pursuant to WAC 392-121-122 divided by ten;
(2)(a) Prior to the 2018-19 school year, annual hours of ancillary service to part-time, private school, and home-based students reported pursuant to WAC 392-121-107 divided by 720 for grades kindergarten through third and 900 for grades fourth through twelfth((; and)).
(b) Beginning with the 2018-19 school year, annual hours of ancillary services to part-time, private school and home-based students reported pursuant to WAC 392-121-107 divided by 1,000 for all grades.
(3)(a) Prior to the 2018-19 school year, annual hours of eligible enrollment in nonstandard school year programs pursuant to WAC 392-121-123 divided by 720 for grades kindergarten through third and 900 for grades fourth through twelfth.
(b) Beginning with the 2018-19 school year, annual hours of eligible enrollment in nonstandard school year programs pursuant to WAC 392-121-123 divided by 1,000 for all grades.
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-136 Limitation on enrollment counts.
Enrollment counts pursuant to WAC 392-121-106 through 392-121-133 are subject to the following limitations:
(1) Except as provided in (a), (b) and (c) of this subsection, no student, including a student enrolled in more than one school district, shall be counted as more than one full-time equivalent student on any count date or more than one annual average full-time equivalent student in any school year.
(a) School districts or charter schools operating approved vocational skills center programs during the summer vacation months may claim additional full-time equivalent students based upon actual enrollment in such vocational skills centers on the aggregate of enrolled hours based upon the fourth day of each summer session.
(i) Prior to the 2018-19 school year, each district or charter school operating an approved vocational skills center program shall be entitled to claim one annual average full-time equivalent student for each 900 hours of planned student enrollment for the summer term(s) subject to the limitation in (c) of this subsection.
(ii) Beginning with the 2018-19 school year, each district or charter school operating an approved vocational skills center program shall be entitled to claim one annual average full-time equivalent student for each 1,000 hours of planned student enrollment for the summer term(s) subject to the limitation in (c) of this subsection.
(b) Enrollment count limitations apply separately to a student's running start, skills center and high school enrollments and is limited to an overall maximum 1.8 FTE.
(c) Subject to (b) of this subsection, a student enrolled in a skill center program during the regular school year may be claimed for up to a combined 1.6 full-time equivalent student. A student enrolled in running start during the regular school year may be claimed for up to a combined 1.2 full-time equivalent student. A student enrolled in high school and skills center for more than 1.0 FTE, can be claimed for a 0.2 running start FTE.
Each student may be claimed for a maximum of a 1.0 full-time equivalent for the skills center enrollment, a maximum of a 1.0 full-time equivalent for running start and a maximum of a 1.0 full-time equivalent for the student's high school enrollment subject to the overall combined FTE limitation in (b) of this subsection.
(2) Running start enrollment counts are limited as provided in chapter 392-169 WAC and specifically as provided in WAC 392-169-060.
(3) The full-time equivalent reported for a five year old preschool student with a disability is limited as provided in WAC 392-121-137.
(4) No kindergarten student, including a student enrolled in more than one school district, shall be counted as more than one-half of an annual average full-time equivalent student in any school year.
(5) A student reported as part-time by a state institution educational program on Form SPI E-672 shall not be reported by a school district or charter school for more than part-time basic education funding on that enrollment count date and the total enrollment reported by one or more school districts or charter schools for basic education and on Form SPI E-672 must not exceed one full-time equivalent.
(6) Districts and charter schools providing an approved state-funded full-day kindergarten program as provided in chapter 28A.150 RCW (from E2SSB 5841) may claim ((up to)) for an additional 0.50 FTE based upon student enrolled hours in excess of the 0.50 FTE provided under subsection (4) of this section.
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-137 Full-time equivalent enrollment of students with a disability.
In determining the full-time equivalent enrollment of students reported as students with a disability pursuant to chapter 392-172A WAC, the following rules apply:
(1) If the student is enrolled exclusively in an ungraded special education program, the student's grade level shall be based on the typical grade level of students of the same age (e.g., a student who is six years old at the beginning of the school year shall be counted as a first grader).
(2) If the student is enrolled in a grade level below the typical grade level of students of the same age, the school district or charter school shall have the option of counting the student in the grade enrolled or the typical grade level of students of the same age.
(3) A student with a disability who is five years old at the beginning of the school year may be counted as a kindergarten student only if the student ((is enrolled full time (twenty hours or more per week), or)) is enrolled in a kindergarten program and is provided special education services in addition to the kindergarten program.
AMENDATORY SECTION (Amending WSR 98-21-065, filed 10/20/98, effective 11/20/98)
WAC 392-122-225 DefinitionState institutional education programInstitutional education full-time equivalent (FTE) students.
"Institutional education full-time equivalent (FTE) students" means the sum of FTE students on an enrollment count date determined as follows:
(1) Prior to the 2018-19 school year, FTE shall be calculated as follows:
(a) An enrolled institutional education program student who is three to eight years of age and scheduled to engage in a minimum of twenty hours of educational activity per week shall be counted as one FTE.
(((2))) (b) An enrolled institutional education program student who is nine years of age or older and scheduled to engage in a minimum of twenty-five hours of educational activity per week shall be counted as one FTE.
(2) Beginning with the 2018-19 school year, an enrolled institutional education program student scheduled to engage in a minimum of twenty-seven hours and forty-five minutes of educational activity per week shall be counted as one FTE.
(3) An enrolled institutional education program student who is scheduled to engage in less than the minimum hours for one FTE shall be counted as a partial FTE, determined by dividing the scheduled hours of educational activity by the minimum hours for one FTE.
(4) In determining a student's FTE, educational activity may include up to ten minutes of class transition time between classes but shall not include ((noon intermission)) time for meals.
(5) No student shall be counted as more than one FTE.
AMENDATORY SECTION (Amending WSR 13-21-023, filed 10/7/13, effective 11/7/13)
WAC 392-122-421 Full-day kindergarten programDefinitions.
As used in WAC 392-122-420 through 392-122-426, the following definitions shall apply:
(1) Full-day kindergarten (FDK) means an approved program that is eligible for state-funded full-day kindergarten program as provided for in the annual state operating budget;
(2) Full-time equivalent (FTE) has the same meaning as defined in WAC 392-121-122 (1)(((a);
(3) "Poverty percentage" means the percentage of a school building's kindergarten through grade 6 students who are eligible for the federal free and reduced price lunch (FRPL) as reported to OSPI for the prior school year October 1st CEDARS reporting)).
AMENDATORY SECTION (Amending WSR 95-09-042, filed 4/14/95, effective 5/15/95)
WAC 392-169-057 EnrollmentExtent of combined high school and running start enrollment.
Concurrent or combined regular high school program and running start program enrollment by a student may exceed the equivalent of full-time enrollment as follows:
(1) An eligible student's concurrent enrollment in both the regular high school program, and in running start or an institution of higher education under this chapter, may exceed the equivalent of full-time enrollment: Provided, That a designated school district representative and a designated college or university representative may jointly limit a student's concurrent high school and institution of higher education enrollment, but not to less than the equivalent of full-time enrollment, for bona fide academic reasons based upon a joint evaluation of the student's capabilities and the total course work the student seeks to enroll in.
(2) Prior to the 2018-19 school year and for purposes of limiting a student's combined regular high school and running start program enrollment for bona fide academic reasons under subsection (1) of this section ((thirty)) twenty-five hours per week shall constitute full-time high school ((or technical college)) enrollment, and fifteen quarter credits ((hours)) or fifteen semester ((hours)) credits shall constitute full-time ((college or university)) running start enrollment. ((Thus,)) For example, a student enrolled in the regular high school program for ten hours per week (one-third FTE) and in a college for ten quarter credit ((hours)) (two-thirds FTE) is enrolled the equivalent of full-time. Beginning with the 2018-19 school year, twenty seven hours and forty-five minutes per week shall constitute full-time high school enrollment. Therefore, a student enrolled in the regular high school program for nine hours and fifteen minutes per week will equal one-third FTE and in a college for ten quarter credits (two-thirds FTE) is enrolled the equivalent of full-time.