[Filed October 1, 2020, 3:56 p.m., effective October 1, 2020, 3:56 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule amendment is to address how student enrollment will be reported as schools reopen for the 2020-21 school year through both the remote continuous learning and hybrid models.
Citation of Rules Affected by this Order: Amending WAC 392-121-106, 392-121-107, 392-121-108, 392-121-119, 392-121-122, 392-121-138, 392-121-182, and 392-121-187.
Under RCW 34.05.350
the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Due to the coronavirus pandemic, the immediate adoption of this emergency rule-making order is necessary in order to provide a method for school districts to claim remote learning for state funding as students learn from home or attend in-person classes on a rotating schedule. To that end, these rules change the September count day; provide extended time for student participation from September 2020 until September 30, as schools reopen and students receive access to instruction; amend alternative learning experience requirements for the October 2020 count; and provide that the running start count day for December can be the last school day in November if the fall 2020 quarter does not have a December count day.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 8, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 1, 2020.
Chris P. S. Reykdal
of Public Instruction
AMENDATORY SECTION(Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-106Definition—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:
(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
(e) Will be attending the school district as part of an interdistrict cooperative program (RCW 28A.225.250
(f) Will be attending school in a school district in another state per a reciprocity agreement pursuant to RCW 28A.225.260
(g) Will be attending a public charter school, as defined by RCW 28A.710.010
, located within Washington state.
(2) After the close of the prior school year has presented himself or herself, or has been presented, to the school district's or charter school's appropriate official to be entered on the school district's or charter school'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 year on or prior to the date being counted, in a course of study offered by the school district or charter school as defined in WAC 392-121-107. For the 2020-21 school year, a student who has actually participated in a course of study offered by the school district or charter school as defined in WAC 392-121-107 at any point from the start of the school year until September 30th shall be considered an enrolled student for the month; and
(5) Does not qualify for any of the enrollment exclusions set forth in WAC 392-121-108.
AMENDATORY SECTION(Amending WSR 16-11-104, filed 5/18/16, effective 6/18/16)
WAC 392-121-107Definition—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 ((-)).
(i) 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.
(ii) For the 2020-21 school year, instruction may include daily learning activities delivered through remote learning modalities including, but not limited to, distance learning, hybrid classrooms, rotating schedules, and other methods that allow for the delivery of basic education services during the COVID-19 epidemic. Remote learning activities may be synchronous and asynchronous.
(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
, 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
(c) Adult education as defined in RCW 28B.50.030
(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 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.
AMENDATORY SECTION(Amending WSR 16-18-031, filed 8/26/16, effective 9/1/16)
WAC 392-121-108Definition—Enrollment exclusions.
A person who qualifies for any of the exclusions set forth in this section shall not be counted as an enrolled student pursuant to WAC 392-121-106.
(1) Absences - Except as provided in (a) and (b) of this subsection, a student whose consecutive days of absence from school exceed twenty school days, or a part-time student that has not attended school at least once within a time period consisting of twenty consecutive school days, shall not be counted as an enrolled student until attendance is resumed. School days are defined as the regularly scheduled instructional days for the general population of the school or district the student is enrolled in, regardless of the student's individualized schedule. Students are not required to be withdrawn from enrollment after twenty consecutive days of absences, only that the district cannot claim these students for state funding. For 2020-21 school year, "absence" means a student absence from in-person learning or remote learning as defined in chapter 392-401A WAC.
(a) If there is a written agreement between the appropriate school official and a student's parent or guardian pursuant to RCW 28A.225.010
that the student's temporary absence is not deemed to cause a serious adverse effect upon the student's educational progress, the absent student may be counted as an enrolled student for up to two monthly enrollment count dates as specified in WAC 392-121-122.
(b) A student receiving home and/or hospital service pursuant to WAC 392-172A-02100 shall be counted as an enrolled student as provided in WAC 392-122-145.
(2) Dropouts - A student for whom the school district or charter school has received notification of dropping out of school by the student or the student's parent or guardian shall not be counted as an enrolled student until attendance is resumed.
(3) Transfers - A student who has transferred to another public or private school and for whom the school district or charter school has received notification of transfer from the school to which the student has transferred, from the student, or from the student's parent or guardian shall not be counted as an enrolled student unless the student reenrolls in the school district or charter school.
(4) Graduates - A student who has met the high school graduation requirements of chapter 180-51 WAC by the beginning of the school year.
(5) Tuition - A student paying tuition including, but not limited to, students on an F-1 visa or students enrolled in a tuition-based summer school program.
(6) An institution student who is claimed as a 1.0 FTE by any institution as an enrolled student eligible for state institutional education support pursuant to chapter 392-122 WAC where the institution's count date occurs prior to the school district count date for the month. Where the count dates occur on the same date, the institution shall have priority for counting the student.
AMENDATORY SECTION(Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-119Definition—Enrollment count dates.
As used in this chapter, "enrollment count dates" means the fourth school day of September and the first school day of each of the nine subsequent months of the school year for all school districts and charter schools including districts and charter schools which commence basic education programs prior to September 1st. Exceptions are limited to the following:
(1) In school districts where not every school or grade follows the same calendar of school days, the calendar of an individual school or an entire grade level within a school may determine the monthly enrollment count date for that school or grade level within the school.
(2) The nine count dates for running start enrollment shall be the first school day of each month of October through June. For the fall 2020 college quarter, the last college or university day of November is the December count day when the fall quarter ends before December.
(3) When the school calendar ends before June, the June count day is the last day of May.
(4) For the 2020-21 school year only, there is no defined count day for the month of September. If a student meets the definition of an enrolled student and participates in a school day at any point during the month of September, they can be claimed for state funding.
AMENDATORY SECTION(Amending WSR 17-16-162, filed 8/2/17, effective 9/2/17)
WAC 392-121-122Definition—Full-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:
(i) Kindergarten: 20 hours each week, or 4 hours (240 minutes) for each scheduled school day;
(ii) Primary (grades 1 through 3): 20 hours each week, or 4 hours (240 minutes) each scheduled school day;
(iii) Elementary (grades 4 through 6): 25 hours each week, or 5 hours (300 minutes) each scheduled school day;
(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.
(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. For the 2020-21 school year, enrollment in remote learning shall be included to determine a student's full-time equivalent enrollment. A student's weekly enrolled minutes is calculated using the published example student schedule during a school day as defined in WAC 392-121-108.
(3) The full-time equivalent of a student's running start enrollment pursuant to RCW 28A.600.300
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 08-04-011, filed 1/24/08, effective 2/24/08)
WAC 392-121-138Full-time equivalent enrollment of vocational education students.
For the purpose of enhanced funding for vocational education, full-time equivalent enrollment in vocational and skills center programs shall be based upon the actual hours of enrollment in state approved vocational courses. Vocational full-time equivalent enrollment shall be determined pursuant to WAC 392-121-122 and shall be reported on the same monthly basis as the enrollment for students eligible for basic support. For the 2020-21 school year, enrollment in remote learning may be included to determine a student's full-time equivalent enrollment. A student's weekly enrolled minutes is calculated using the published example student schedule for the student's school during a school day as defined in WAC 392-121-108.
AMENDATORY SECTION(Amending WSR 20-15-062, filed 7/10/20, effective 8/10/20)
WAC 392-121-182Alternative learning experience requirements.
(1) Scope. This section applies solely to school districts and charter schools claiming state funding pursuant to WAC 392-121-107 for an alternative learning experience.
(2) Requirements. A school district or charter school must meet the requirements of this section and chapter 392-550 WAC to count an alternative learning experience as a course of study pursuant to WAC 392-121-107.
(3) Student eligibility. A student enrolled in an alternative learning experience course must meet the following conditions:
(a) The student must meet the definition of an enrolled student under WAC 392-121-106;
(b) The student must not meet any of the enrollment exclusions in WAC 392-121-108;
(c) The student's residence must be in Washington state as provided in WAC 392-137-115; and
(d) For students whose residence is not located in the school district providing an alternative learning experience course (nonresident student), the district must:
(i) Document the school district in which the nonresident student's residence is located;
(ii) Establish procedures that address, at a minimum, the coordination of student counting for state funding so that no enrolled student is counted for more than one full-time equivalent in the aggregate. The procedure must include, but not be limited to, the following:
(A) When a resident district and one or more nonresident district(s) will each be claiming basic education funding for a student in the same month or months, the districts must execute a written agreement that at minimum identifies the maximum aggregate basic education funding each district may claim for the duration of the agreement. A nonresident district may not claim funding for a student until after the effective date of the agreement.
(B) When a district is providing alternative learning experiences to nonresident students under the school choice enrollment provisions of RCW 28A.225.200
and chapter 392-137 WAC, the district may not claim funding for the student until after a release transfer is completed by the resident district and the nonresident serving district.
(4) Enrollment count dates.
(a) Alternative learning experience enrollment is claimed based on the monthly count dates as defined in WAC 392-121-119.
(b) For alternative learning experience programs that end prior to June 1st, the June enrollment count date may be the last school day in May and include students whose written student learning plan pursuant to WAC 392-550-025(1) has an ending date that is the last school day in May.
(c) Graduating alternative learning experience students whose last school day is in May may be included in the June enrollment count if the following conditions are met:
(i) The alternative learning experience program calendar identifies that the last day of school for the graduating students is in May; and
(ii) The student's written student learning plan pursuant to WAC 392-550-025(1) includes an end date that is the last day of school for graduating students in May.
(5) Reporting of student enrollment.
(a) For the first time a student's alternative learning experience enrollment is claimed for state funding and for the October 2020 count, the following requirements must be met:
(i) A completed written student learning plan pursuant to WAC 392-550-025(1) is in place with a start date that is before the monthly count day; and
(ii) There is documented evidence of student participation as required by WAC 392-121-106(4).
(b) On subsequent monthly count dates excluding the October 2020 count day, a student's alternative learning experience course(s) can be claimed for state funding if the following requirements are met:
(i) A completed written student learning plan pursuant to WAC 392-550-025(1) is in place on the monthly count date;
(ii) The contact requirement pursuant to WAC 392-550-025(2) was met in the prior month;
(iii) The monthly progress evaluation requirement pursuant to WAC 392-550-025(3) was met in the prior month; and
(iv) If the monthly progress evaluation showed unsatisfactory progress, the intervention plan requirement pursuant to WAC 392-550-025(4) is met.
(c) Students must be excluded from the monthly count including students who have not had contact with a certificated teacher for twenty consecutive school days. Any such student must be excluded from the monthly count until the student has met with a certificated teacher and resumed participation in their alternative learning experience or is participating in another course of study as defined in WAC 392-121-107.
(d) The student count must exclude students who as of the enrollment count date have completed the requirements of the written student learning plan prior to ending date specified in the plan and who have not had a new written student learning plan established with a new beginning and ending date that encompasses the count date.
(6) Student full-time equivalency.
(a) The full-time equivalency of students enrolled in alternative learning experiences is based on the estimated average weekly hours of learning activity described in the written student learning plan.
(b) Pursuant to WAC 392-121-122, twenty-seven hours and forty-five minutes each week (one thousand six hundred sixty-five weekly minutes) equal one full-time equivalent.
(c) Enrollment of part-time alternative learning experience students is subject to the provisions of chapter 392-134 WAC and generates a pro rata share of full-time funding based on the estimated average weekly minutes of learning activity described in the written student learning plan divided by one thousand six hundred sixty-five weekly minutes.
(d) Kindergarten students claimed for more than a 0.50 full-time equivalent must meet the state-funded full-day kindergarten requirements, as provided for in RCW 28A.150.315
(e) The full-time equivalent limitations outlined in WAC 392-121-136 and the nonstandard school year limitations outlined in WAC 392-121-123 apply to alternative learning enrollment.
AMENDATORY SECTION(Amending WSR 13-02-004, filed 12/19/12, effective 1/19/13)
WAC 392-121-187Technical college direct-funded enrollment.
Enrollment in a technical college pursuant to an interlocal agreement with a school district as provided in RCW 28B.50.533
may be counted as course of study generating state moneys payable directly to the technical college as provided in this section.
(1) The technical college shall submit a written request to the superintendent of public instruction and for each school district whose students are to be claimed by the college shall provide a copy of the interlocal agreement signed by the school district superintendent and the technical college president or authorized officials of the school district and college.
(2) The technical college shall report enrolled students monthly (September through June) to the superintendent of public instruction pursuant to this chapter and instructions provided by the superintendent. A separate report shall be submitted for each school district whose students are reported. Reports of students eligible for state basic education support shall show the total number of students served and total nonvocational and vocational FTE students on the monthly count date. Reports shall also show the name of each student, hours of enrollment per week on the monthly count date, and the nonvocational and vocational full-time equivalent reported for the student on the count date. Technical colleges claiming direct state handicapped funding under the interlocal agreement shall also report the number of enrolled handicapped students by handicapping category on the count dates of October through June pursuant to WAC 392-122-160 and chapter 392-172A WAC. For the 2020-21 school year, enrollment in remote learning can be included to determine a student's full-time equivalent enrollment. A student's weekly enrolled minutes is calculated using the published example student schedule for the student's school as defined in WAC 392-121-108.
(3) The technical college shall report monthly to each school district whose students are served pursuant to this section. The report shall include at a minimum the data reported to the superintendent of public instruction pursuant to subsection (2) of this section.
(4) The technical college shall report only students who:
(a) Were under twenty-one years of age at the beginning of the school year;
(b) Are enrolled tuition-free;
(c) Are enrolled in a school district with which the technical college has a signed interlocal agreement on file with the superintendent of public instruction pursuant to subsection (1) of this section;
(d) Are enrolled in the school district for the purpose of earning a high school diploma or certificate; and
(e) Have actually participated in instructional activity at the technical college during the current school year.
(5) Enrollments claimed for state basic education funding by the technical college:
(a) Shall be for courses for which the student is earning high school graduation credit through the school district or the technical college; and
(b) Shall not include:
(i) Enrollment which is claimed by the school district for state funding; or
(ii) Enrollment which generates state or federal moneys for higher education, adult education, or job training for the technical college.
(6) Full-time equivalent students reported by the technical college for state basic education funding shall be determined pursuant to WAC 392-121-106 through 392-121-183 except that the enrollment count dates shall be for the months of September through June. If a student is enrolled in courses provided by the school district as well as courses provided by the technical college, the combined full-time equivalents reported by the school district and the technical college are limited by WAC 392-121-136.
(7) The superintendent of public instruction shall make quarterly payments to the technical college as follows:
(a) Basic education allocations shall be determined pursuant to chapter 392-121 WAC based on average enrollments reported by the technical college for each school district times the average allocation per full-time equivalent high school student of the school district: Provided, That allocations for students enrolled in school districts with no more than two high schools with enrollments of less than three hundred annual average full-time equivalent students shall be at the incremental rate generated by students in excess of sixty annual average full-time equivalent students. Allocations for nonvocational and vocational full-time equivalent enrollments shall be calculated separately.
(b) Handicapped allocations shall be determined pursuant to WAC 392-122-100 through 392-122-165 based on average handicapped enrollments and the school district's average allocation per handicapped student in each handicapping category.
(c) Quarterly payments shall provide the following percentages of the annual allocation: