WSR 23-19-033
EMERGENCY RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed September 13, 2023, 9:23 a.m., effective September 13, 2023, 9:23 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule making is to expand access to running start in alignment with HB 1316 (2023). The rules provide for funding, reporting, and administration of participating student's enrollment in running start courses.
Citation of Rules Affected by this Order: Repealing WAC 392-169-057; and amending WAC 392-121-123, 392-121-136, 392-169-015, 392-169-020, 392-169-022, 392-169-025, 392-169-045, 392-169-055, and 392-169-115.
Statutory Authority for Adoption: 2SHB 1316 (chapter 350, Laws of 2023); RCW 28A.600.390 and 28A.150.290.
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: The emergency rules are necessary to ensure eligible students can participate in running start at enrollment levels provided for in HB 1316. Emergency rules are needed to ensure requirements for student enrollment calculations, reporting, and program administration are effective by the beginning of the 2023-2024 school year.
The office of superintendent of public instruction will also conduct permanent rule making concerning running start.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 9, Repealed 1.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 13, 2023.
Chris P. S. Reykdal
State Superintendent of Public Instruction
OTS-4904.1
AMENDATORY SECTION(Amending WSR 23-13-089, filed 6/16/23, effective 7/1/23)
WAC 392-121-123Nonstandard school year programs.
Except for running start, a student participating in a program of education occurring during the nonstandard school year on a tuition-free basis may be claimed for state funding to the extent that the student was not claimed as a 1.0 AAFTE during the regular school year (September through June), subject to the following:
(1) Eligible student FTE in a nonstandard school year program shall be claimed based upon the following:
(a) Enrolled hours based upon the standards in WAC 392-121-122 or 392-121-182.
(b) Credit based for student enrolled in a college program under WAC 392-121-188.
(c) A student enrolled in transition school is not eligible for nonstandard school year funding.
(2) A district or charter school shall make month by month evaluation of the student to determine if the following conditions were met during the regular school year:
(a) The student was not home schooled or enrolled in a private school.
(b) The student was not claimed as a 1.0 FTE in a regular or institution education program.
(3) For each month in which the conditions of subsection (2) of this section are met, the district or charter school shall determine the amount of student FTE claimed for the student. To the extent the enrollment claimed is less than 1.0 FTE for each month, the school district or charter school may claim nonstandard school year FTE based upon the student enrollment in the nonstandard school year school program.
(4) For the running start program only, a student may be claimed up to 1.40 AAFTE for their running start enrollment.
OTS-4903.1
AMENDATORY SECTION(Amending WSR 22-15-119, filed 7/20/22, effective 8/20/22)
WAC 392-121-136Limitation on enrollment counts.
Enrollment counts under 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))2.0 FTE.
(c) Subject to (b) of this subsection:
(i) 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.
(ii) A student enrolled in running start during the regular school year may be claimed for up to a combined ((1.2))1.4 full-time equivalent student.
(iii) A student enrolled in high school and skills center for more than 1.0 FTE, can be claimed for a ((0.2))0.4 running start FTE.
(iv) A student enrolled in an institutional education program under WAC 392-122-205 and a youth engagement program under chapter 392-700 WAC can be claimed up to a combined 2.0 FTE.
(v) 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))1.40 full-time equivalent for running start, a maximum of a 1.0 full-time equivalent for the student's high school enrollment, and a maximum of a 1.0 full-time equivalent for institutional education funding under WAC 392-122-225 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, except if the student is enrolled in a youth reengagement program under chapter 392-700 WAC.
(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 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.
OTS-4902.1
AMENDATORY SECTION(Amending WSR 16-10-115, filed 5/4/16, effective 6/4/16)
WAC 392-169-015Running start programDefinition.
As used in this chapter, the terms "running start" and "running start program" mean the part-time to full-time equivalent enrollment under this chapter of eligible ((eleventh and twelfth))11th and 12th grade high school students, as defined under this chapter, in an institution of higher education for the purpose of earning at least high school credit to be awarded by a school district, and such additional college level or university level credit as may be awarded by the institution of higher education. A running start program's course must be open for registration to matriculated students at the participating institution of higher education and may not be a course consisting solely of high school students in a high school classroom.
AMENDATORY SECTION(Amending WSR 16-10-115, filed 5/4/16, effective 6/4/16)
WAC 392-169-020Eligible studentDefinition.
As used in this chapter, the term "eligible student" means any person, including a person who is otherwise attending a private school or receiving home-based instruction, who meets each of the following conditions:
(1) The person is under the age of ((twenty-one))21 years of age as of September 1st of the school year.
(2) The person is eligible by reason of his or her residence or other criterion established by law to enroll in the school district through which the person seeks to obtain the award of running start program high school credit. See RCW 28A.225.160 (residents of a school district), RCW 28A.225.170 (residents of the United States and Indian Reservations), RCW 28A.225.210 (residents of "nonhigh" school districts), and RCW 28A.225.220 ("choice" students). Note: A running start student who changes his or her school district of residence, including after a rescindment of a choice transfer agreement following enrollment in running start, solely for the purpose of attending an institution of higher education under this chapter shall be deemed to have retained his or her residence in the school district of initial running start enrollment for high school graduation, funding and other purposes under this chapter.
(3) The person is eligible to be in the 11th or 12th grade under the grade placement policies of the school district through which the person seeks to obtain running start program high school credit ((to be in the eleventh or the twelfth grade)). For the summer term, eligibility is established when the person has completed the 10th grade at the end of the standard school year or will be eligible to enroll in the 11th or 12th grade in the upcoming school year based upon district grade placement policies.
(4) The person has not as of the beginning of the school year earned the credits required for the award of a high school diploma by the school district through which the person seeks to obtain the award of running start program high school credit.
(5) The person has not as of the beginning of the school year received a high school diploma or its equivalent. Note: A general education development certificate is not considered to be the equivalent of a high school diploma for purposes of this subsection.
(6) The person's running start program enrollment to date is below the applicable ((eleventh or twelfth))11th or 12th grade running start enrollment limitations established under WAC 392-169-055.
AMENDATORY SECTION(Amending WSR 95-09-042, filed 4/14/95, effective 5/15/95)
WAC 392-169-022Running start studentDefinition.
For the purposes of this chapter and chapter 392-121 WAC, the term "running start student" means an eligible student:
(1) Who is enrolled in the running start program in accordance with this chapter;
(2) Whose enrollment has not been suspended or terminated by withdrawal, transfer, suspension or expulsion; and
(3) Who has participated in one or more instructional activities conducted by college or university staff (e.g., classroom or laboratory instruction, course work testing, post enrollment/registration academic counseling, and similar other instructional activities) on at least one college or university day during the current ((quarter or semester))term since the last enrollment count date.
AMENDATORY SECTION(Amending WSR 16-10-115, filed 5/4/16, effective 6/4/16)
WAC 392-169-025Full-time equivalent (FTE) running start enrollmentDefinition.
For the purposes of this chapter and chapter 392-121 WAC, "full-time equivalent (FTE) running start enrollment" (i.e., college or university enrollment) means the FTE of running start students on an enrollment count date when each student's FTE is determined subject to the limitations of WAC 392-169-022, 392-169-055 and 392-169-115 as follows:
(((1))) FTE for running start enrollment is the result of dividing a student's enrolled college credits by ((fifteen))15. For Washington State University classes offered at the college campus only, the FTE for running start enrollment is the result of dividing a student's enrolled college semester credits by ((fifteen))15.
(((2) The sum of the results of running start enrollment under subsection (1) of this section at all colleges shall not exceed 1.00 FTE per student on any count day except for the month of January or 1.00 annual average FTE in any school year.))
AMENDATORY SECTION(Amending WSR 95-09-042, filed 4/14/95, effective 5/15/95)
WAC 392-169-045EnrollmentGeneral requirements and conditions.
The enrollment of an eligible student in the running start program shall be governed as follows:
(1) An eligible student is responsible for applying for and pursuing admission to an institution of higher education on or before the deadline for enrollment established by the college or university.
(2) It shall not be necessary for an eligible student to obtain a release of attendance from ((his or her))their resident school district or school in order for the student to enroll in an institution of higher education.
(3) An eligible student is entitled to enroll in an institution of higher education for running start program purposes subject to each of the following conditions and limitations:
(a) Enrollment is limited to college and university level courses.
(b) Prior confirmation pursuant to WAC 392-169-050 by the school district through which the student seeks to obtain the award of running start program high school credit of the amount of high school credit to be awarded on or before the deadline for enrollment established by the institution of higher education.
(c) Acceptance of the student by the institution of higher education subject to generally applicable admission and enrollment requirements and limitations established by the institution, including a determination that the student is competent to profit from the college or university level course(s) the student seeks to enroll in: Provided, That a technical college shall not deny admission or continued attendance to a person under ((twenty-two))22 years of age with a disability based upon impaired competency or the creation of a disruptive atmosphere associated with the person's disability.
(d) The limitations upon the duration and extent of institution of higher education course enrollment set forth in WAC 392-169-055 and 392-169-057.
AMENDATORY SECTION(Amending WSR 23-13-089, filed 6/16/23, effective 7/1/23)
WAC 392-169-055EnrollmentExtent and duration of running start enrollment.
Running start program enrollment under this chapter is limited as follows (((and as may be further limited for academic reasons under WAC 392-169-057))):
(1) An eligible student who enrolls upon completion of grade 10 after the end of the regular school year may enroll in an institution of higher education for no more than the course work equivalent to 10 postsecondary credits in the summer term prior to enrolling in grade 11.
(2) An eligible student who enrolls in grade 11 may enroll in an institution of higher education while in the 11th grade for ((no more than the course work equivalent to one academic year of enrollment as an annual average full-time equivalent running start student.
(2)))a maximum 1.40 AAFTE or 63 postsecondary credits, depending on the student's concurrent enrollment in high school and/or skill center courses, subject to the AAFTE limitation under WAC 392-121-136.
(3) An eligible student who enrolls in grade 12 may enroll in an institution of higher education while in the 12th grade for ((no more than the course work equivalent to one academic year of enrollment as an annual average full-time equivalent running start student.
(3) As a general rule))a maximum 1.40 AAFTE or 63 postsecondary credits, depending on the student's concurrent enrollment in high school and/or skill center courses, subject to the AAFTE limitation under WAC 392-121-136.
(4) An eligible student who enrolls in summer term must have the capacity under the AAFTE limits established in subsections (2) and (3) of this section and may enroll for no more than the course work equivalent of 10 postsecondary credits.
(5) Even when a student does not enroll at the postsecondary level to the full extent permitted by subsections (1) through (4) of this section, a student's eligibility for running start program enrollment terminates at the end of the ((student's 12th grade regular academic year, notwithstanding the student's failure to have enrolled in an institution of higher education to the full extent permitted by subsections (1) and (2) of this section: Provided, That a student who has failed to meet high school graduation requirements as of the end of the student's 12th grade regular academic year (September through June) due to the student's absence, the student's failure of one or more courses, or another similar reason may continue running start program enrollment for the sole and exclusive purpose of completing the particular course or courses required to meet high school graduation requirements, subject to the enrollment limitation established by subsection (2)))academic year in which a student meets the district's graduation requirements. Students who have not yet met high school graduation requirements as of the end of the 12th grade standard school year would be eligible to enroll in the summer college term, provided they have capacity under the 1.40 AAFTE limitation. Students who have not met running start enrollment limits may continue running start program enrollment into a second 12th grade year due to the student's absence, inability to complete all required courses, or another similar reason for the sole and exclusive purpose of completing the particular course(s) required to meet the district's high school graduation requirements, subject to the enrollment limitation established by subsection (3) of this section.
AMENDATORY SECTION(Amending WSR 13-02-006, filed 12/19/12, effective 1/19/13)
WAC 392-169-115FinanceLimitations on enrollment counts.
((No running start student enrolled in one or more institutions of higher education reported under WAC 392-169-105 and 392-169-110 shall exceed one full-time equivalent running start student on any enrollment count date except for the month of January or more than one annual average full-time equivalent student in any school year. An exception is allowed for January when the change in high school semesters may result in students exceeding the FTE limitation until the high school begins a new term.))A student enrolled in both high school and running start may be claimed for a maximum of 1.40 combined monthly FTE and a maximum of 1.40 AAFTE. The high school may only claim a maximum of 1.00 FTE and AAFTE. A student whose enrollment is reported under WAC 392-169-105 and 392-169-110 may be claimed up to a 1.40 monthly FTE on any enrollment count date, except for July and August. No student may be claimed for more than 1.40 AAFTE in any school year. An exception is allowed for December and January when the high school term overlaps with the institution of higher education term but may result in a reduction of the available FTE for the spring term. District business offices or high schools will complete the spring quarter eligibility adjustment form for any student who was claimed for more than a 1.40 FTE in December or January to determine if the student's available FTE for the spring term will be reduced.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 392-169-057
EnrollmentExtent of combined high school and running start enrollment.