WSR 26-13-071
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed June 15, 2026, 9:49 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 26-09-122.
Title of Rule and Other Identifying Information: WAC 392-121-107 Definition—Course of study.
Hearing Location(s): On July 23, 2026, at 2:00 p.m. Virtual public hearing via Zoom (call-in option also available). Participation link available on the office of superintendent of public instruction (OSPI) rules web page at ospi.k12.wa.us/policy-funding/ospi-rulemaking-activity. For participation questions, please email sirena.wu@k12.wa.us.
Date of Intended Adoption: July 27, 2026.
Submit Written Comments to: Becky McLean, Manager, Enrollment Reporting and Categorical Funding, OSPI, P.O. Box 47200, Olympia, WA 98504, email becky.mclean@k12.wa.us, beginning June 16, 2026, 8:00 a.m., by July 23, 2026, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Sirena Wu, OSPI rules coordinator, phone 360-480-9317, TTY 360-664-3631, email sirena.wu@k12.wa.us, by July 16, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is proposing rule making to update the types of educational programs that meet the definition of a course of study and to clarify that a course of study must be provided or supervised by a certificated instructor.
Reasons Supporting Proposal: This proposal provides clarity that certain courses of study require that a certificated instructor is providing or supervising the activities to be eligible for state funding.
Statutory Authority for Adoption: RCW 28A.44.230 [repealed], 28A.150.290, 28A.545.110, 28A.710.040, 84.52.053, and 84.52.0531.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting and Implementation: Becky McLean, OSPI, 600 South Washington Street, Olympia, WA, 360-725-6306; Enforcement: Shawn Lewis, OSPI, 600 South Washington Street, Olympia, WA, 360-725-6019.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4).
Is exempt under RCW 19.85.030.
Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).
Scope of exemption for rule proposal:
Is fully exempt.
June 15, 2026
Chris P.S. Reykdal
State Superintendent of Public Instruction
RDS-7249.1
AMENDATORY SECTION(Amending WSR 24-14-074, filed 6/28/24, effective 7/29/24)
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 - 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))) Worksite learning - Training provided in accordance with WAC 392-410-315 and reported as provided in WAC 392-121-124.
(((g)))(f) Paid work experience - Training provided in accordance with WAC 392-410-316 and reported as provided in WAC 392-121-139.
(g) Transition to kindergarten - Pursuant to RCW 28A.300.072 and chapter 392-425 WAC.
(h) 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;
(i) 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.
(j) Youth reengagement program - Enrollment in a state approved youth reengagement program pursuant to RCW 28A.175.100 and chapter 392-700 WAC.
(k) Running start - Attendance at an institution of higher education pursuant to RCW 28A.600.300 through 28A.600.400, chapter 392-169 WAC.
(((h)))(l) 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)))(m) Technical college direct funding - Enrollment at a technical college high school program 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.
(k) Paid work experience - Training provided in accordance with WAC 392-410-316 and reported as provided in WAC 392-121-139.
(l) Transition to kindergarten - Pursuant to RCW 28A.300.072 and chapter 392-425 WAC.))
For (a) through (h) of this subsection, instruction must be provided by a certificated instructor or supervised by a certificated instructor.
(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)))(1);
(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 and does not grant high school credit;
(((g)))(e) 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)))(f) Enrollment for residents of the Washington state school for the deaf and the Washington state school for the blind;
(((i)))(g) 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)))(h) Attendance at universities, colleges, community colleges, or technical colleges of students not earning high school credit.