Title 392 WAC — Public Instruction, Superintendent of

Chapter 392-100 Definitions, general provisions, and rules of construction.

Wash. Admin. Code § 392-100-005 Purpose.

The purpose of this chapter is to establish the definition of common terms used in Title 392 WAC and rules of construction applicable to Title 392 WAC.

History

Order 7-75, § 392-100-005, filed 12/22/75.

Wash. Admin. Code § 392-100-010 Definitions.

As used in Title 392 WAC, the term:

(1) "Superintendent of public instruction" shall mean the public officer duly elected to the office of superintendent of public instruction and any authorized subordinate or agent of such public officer unless the context limits application of the term to the public officer himself or herself.

(2) "Superintendent" shall mean the superintendent of public instruction unless the context requires that the term be interpreted as having reference to the superintendent of a school district or the superintendent of an educational service district or another chief executive officer of an educational entity.

History

Order 7-75, § 392-100-010, filed 12/22/75.

Wash. Admin. Code § 392-100-050 Agency abbreviations.

As used in Title 392 WAC, the abbreviation:

(1) "SPI" means the superintendent of public instruction;

(2) "SBE" means the state board of education;

(3) "ESD" means an educational service district;

(4) "DSHS" means the department of social and health services.

History

Statutory Authority: RCW 28A.03.030. WSR 87-10-012 (Order 87-4), § 392-100-050, filed 4/28/87.

Wash. Admin. Code § 392-100-060 Other abbreviations.

As used in Title 392 WAC, the abbreviation:

(1) "FTE" means full-time equivalent;

(2) "LAP" means learning assistance program;

(3) "VTI" means vocational-technical institute.

History

Statutory Authority: RCW 28A.03.030. WSR 90-11-027 (Order 90-07), § 392-100-060, filed 5/9/90, effective 6/9/90
WSR 87-10-012 (Order 87-4), § 392-100-060, filed 4/28/87.

Wash. Admin. Code § 392-100-100 Definition—Low-income student.

As used in Title 392 WAC, "low-income student" means a student whose parent(s) or guardian(s) have an annual income equal to or less than one hundred eighty-five percent of the Income Poverty Guidelines published by the United States Department of Health and Human Services in Federal Register No. 220-91 56FR6859 or as later amended (i.e., the standard adopted by the United States Department of Agriculture for reduced priced meals).

History

Statutory Authority: RCW 28A.220.030. WSR 92-03-138 (Order 92-04), § 392-100-100, filed 1/22/92, effective 2/22/92.

Wash. Admin. Code § 392-100-101 Documentation of low-income eligibility.

For purposes of Title 392 WAC, a student's eligibility as a low-income student shall be documented by either:

(1) A notice of eligibility presented by a parent or guardian of the student indicating that the student is approved for free or reduced priced meals or free milk for the current school year; or

(2) A statement or form signed by a parent or guardian of the student stating that the income of the student's parent(s) or guardian(s) meets the criteria for low-income during the current school year pursuant to WAC 392-100-100.

History

Statutory Authority: RCW 28A.150.290. WSR 92-20-062 (Order 92-11), § 392-100-101, filed 10/2/92, effective 11/2/92. Statutory Authority: RCW 28A.220.030. WSR 92-03-138 (Order 92-04), § 392-100-101, filed 1/22/92, effective 2/22/92.

Wash. Admin. Code § 392-100-102 Confidentiality of low-income eligibility.

School districts shall use information contained in the notice of eligibility or other such forms or statements only to determine low-income status or to compile the number of students that are low-income. School districts may not release information contained in a notice of eligibility or other such forms or statements. School districts may release the number of low-income students so long as the students are not identified. Such information is to be used for state allocations and for statistical purposes.

History

Statutory Authority: RCW 28A.220.030. WSR 92-03-138 (Order 92-04), § 392-100-102, filed 1/22/92, effective 2/22/92.

Chapter 392-101 Superintendent of public instruction—Administrative practices and procedures.

Wash. Admin. Code § 392-101-001 Authority.

The authority for this chapter is RCW 34.05.220 which authorizes the office of superintendent of public instruction to adopt rules governing the formal and informal procedures prescribed or authorized by chapter 34.05 RCW.

History

Statutory Authority: RCW 34.05.220 and 28A.225.230. WSR 20-08-135, § 392-101-001, filed 4/1/20, effective 5/2/20. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-101-001, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 34.04.020. WSR 83-17-057 (Order 83-5), § 392-101-001, filed 8/17/83.

Wash. Admin. Code § 392-101-005 Administrative practices regarding hearings and rule proceedings.

(1) Administrative practices before and pertaining to the office of superintendent of public instruction are governed by the state Administrative Procedure Act, chapter 34.05 RCW, the Washington State Register Act, chapter 34.08 RCW, and the state office of Administrative Hearings Act, chapter 34.12 RCW. These acts govern the conduct of "agency action," "adjudicative proceedings," and "rule making" as these terms are defined in RCW 34.05.010. The rules of the state code reviser provided in chapter 1-21 WAC, and as hereafter amended, and the rules of the office of administrative hearings provided in chapter 10-08 WAC, and as hereafter amended, shall govern procedures and practices before the superintendent of public instruction for the following: Petitions for declaratory rulings; petitions for adoption, amendment, or repeal of a rule; and the conduct of adjudicative proceedings. All other regulatory actions and hearings conducted by the office of superintendent of public instruction may be conducted informally at the discretion of the superintendent.

History

Statutory Authority: RCW 34.05.220 and 28A.225.230. WSR 20-08-135, § 392-101-005, filed 4/1/20, effective 5/2/20. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-101-005, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 34.04.020. WSR 83-17-057 (Order 83-5), § 392-101-005, filed 8/17/83
Order 7-75, § 392-100-005, filed 12/22/75.

Wash. Admin. Code § 392-101-010 Conduct of administrative hearings.

The office of superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the superintendent of public instruction:

(1) Nonresident transfer appeals pursuant to chapter 392-137 WAC.

(2) Special education hearings pursuant to chapter 392-172A WAC or as amended.

(3) Equal educational opportunity complaints pursuant to WAC 392-190-079.

(4) Professional certification appeals pursuant to WAC 181-86-150.

(5) National school lunch program, special milk program for children, school breakfast program, summer food service program, and child and adult care food program appeals pursuant to 7 C.F.R. Parts 210, 215, 220, 225 and 226.

(6) Traffic safety education appeals pursuant to WAC 392-153-001 through 392-153-070.

(7) Bus driver authorization appeals pursuant to chapter 392-144 WAC.

(8) Audit resolution appeals of agency management decisions regarding resolution of state and federal audit findings pursuant to chapter 392-115 WAC.

(9) Appeals of enforcement actions withholding or recovering funds, in whole or in part, taken as a result of consolidated program reviews of federal programs conducted in accordance with 34 C.F.R. Sections 80.40 and 80.43.

History

Statutory Authority: RCW 34.05.220 and 28A.225.230. WSR 20-08-135, § 392-101-010, filed 4/1/20, effective 5/2/20. Statutory Authority: RCW 34.05.220. WSR 15-15-107, § 392-101-010, filed 7/16/15, effective 8/16/15. Statutory Authority: RCW 28A.150.305. WSR 13-18-077, § 392-101-010, filed 9/3/13, effective 10/4/13. Statutory Authority: RCW 42.20.100 [46.20.100(2)]. WSR 08-22-035, § 392-101-010, filed 10/30/08, effective 11/30/08. Statutory Authority: RCW 46.20.100(2) and chapter 28A.220 RCW. WSR 91-18-007 (Order 91-17), § 392-101-010, filed 8/23/91, effective 9/23/91. Statutory Authority: RCW 34.04.020. WSR 89-17-067 (Order 89-07), § 392-101-010, filed 8/16/89, effective 9/16/89. Statutory Authority: RCW 28A.03.500. WSR 87-10-013 (Order 87-5), § 392-101-010, filed 4/28/87.

Wash. Admin. Code § 392-101-015 Determination of indigency—Provision of free transcript.

A determination of indigency shall be made for all persons wishing the provision of a free transcript of proceedings pursuant to the following standards:

(1) Any person receiving one or more of the following types of public assistance programs:

(a) Temporary assistance for needy families;

(b) Aged, blind, or disabled assistance benefits;

(d) Pregnant women assistance benefits;

(e) Poverty-related veterans' benefits;

(f) Food stamps or food stamp benefits transferred electronically;

(g) Refugee resettlement benefits;

(h) Medicaid; or

(i) Supplemental security income.

(2) Any person receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level.

History

Statutory Authority: RCW 34.05.220 and 28A.225.230. WSR 20-08-135, § 392-101-015, filed 4/1/20, effective 5/2/20. Statutory Authority: RCW 34.04.020 [34.05.220]. WSR 91-02-095 (Order 49), § 392-101-015, filed 1/2/91, effective 2/2/91.

Chapter 392-105 Superintendent of public instruction—Access to public records.

Wash. Admin. Code § 392-105-010 Purpose and authority.

The purpose of this chapter is to implement the requirements of the Public Records Act, chapter 42.56 RCW. The superintendent of public instruction adopts these rules to provide the fullest assistance to requestors and full access to the agency's public records while protecting those records from damage or disorganization; preventing excessive interference with essential agency functions, including the agency's core mission of supervising all matters pertaining to public schools; and not unreasonably disrupting agency operations.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-010, filed 6/14/18, effective 7/15/18. Statutory Authority: RCW 42.17.250 and 42.17.260. WSR 80-05-034 (Order 80-5), § 392-105-010, filed 4/15/80
Order 7-75, § 392-105-010, filed 12/22/75. Formerly WAC 392-12-010 (part).

Wash. Admin. Code § 392-105-020 Agency description—Contact information—Public records officer.

(1) The office of superintendent of public instruction is an agency headed by the superintendent of public instruction, a constitutional officer of the state charged with supervision over all matters pertaining to public schools. The powers and duties of the superintendent and the agency are described in Title 28A RCW.

(2) The superintendent of public instruction's administrative offices are located at: Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504.

(3) The superintendent of public instruction's public records officer may be contacted at the following mailing address, telephone number, or email address:

Public Records Officer

Office of the Superintendent of Public Instruction

P.O. Box 47200

Olympia, WA 98504-7200

360-725-6372

publicrecordsrequest@k12.wa.us

Information and records are also available at the superintendent of public instruction website at www.k12.wa.us.

(4) The public records officer will oversee compliance with the act, but another agency staff member may process the request. Therefore, these rules will refer to the public records officer or designee. The public records officer or designee and the agency will provide the fullest assistance to requestors and prevent fulfilling public records requests from causing excessive interference with the agency's essential functions.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-020, filed 6/14/18, effective 7/15/18. Statutory Authority: RCW 42.17.250 through [42.17].320. WSR 92-10-016 (Order 92-04), § 392-105-020, filed 4/28/92, effective 5/29/92. Statutory Authority: RCW 42.17.250 and 42.17.260. WSR 80-05-034 (Order 80-5), § 392-105-020, filed 4/15/80
Order 7-75, § 392-105-020, filed 12/22/75. Formerly WAC 392-12-010 (part).

Wash. Admin. Code § 392-105-030 Definitions.

(1) "Agency" means the office of superintendent of public instruction.

(2) "Public record" and "writing" shall have the meanings as stated in RCW 42.56.010.

(3) "Public records officer" means the employee designated by the superintendent under RCW 42.56.580(1) responsible for overseeing the agency's compliance with the Public Records Act.

(4) "Superintendent of public instruction" and "superintendent" mean the elected officer of the state as defined by RCW 28A.300.010 who is the head of the office of superintendent of public instruction.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-030, filed 6/14/18, effective 7/15/18. Statutory Authority: RCW 42.17.250 - [42.17].320. WSR 93-07-039 (Order 93-05), § 392-105-030, filed 3/11/93, effective 4/11/93
WSR 92-10-016 (Order 92-04), § 392-105-030, filed 4/28/92, effective 5/29/92. Statutory Authority: RCW 42.17.250 and 42.17.260. WSR 90-22-044 (Order 39), § 392-105-030, filed 11/2/90, effective 12/3/90
WSR 80-05-034 (Order 80-5), § 392-105-030, filed 4/15/80
Order 7-75, § 392-105-030, filed 12/22/75. Formerly WAC 392-12-010 (part).

Wash. Admin. Code § 392-105-040 Request, hours for inspection, and organization of public records.

(1) Making a request for public records.

(a) Any person wishing to inspect or copy public records of the agency must make the request in writing on the agency's request form or through an online portal, or by letter, or email addressed to the public records officer at the email address publicly designated by superintendent of public instruction, or by submitting the request in person at the address listed in WAC 392-105-020, and must include the following information:

(i) Name of requestor;

(ii) Address of requestor;

(iii) Other contact information, including telephone number and any email address;

(iv) Identification of the public records adequate for the public records officer or designee to locate the records; and

(v) The date and time of day of the request.

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit, in accordance with the allowable costs under WAC 392-105-060.

(c) A records request form is available for use by requestors at the office of the public records officer and online at www.k12.wa.us/publicrecordsrequest.

(d) The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing.

(2) Hours for inspection of public records. Public records are available for inspection and copying during normal business hours of the agency, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the administrative offices of the agency. Many public records are also available for inspection and copying on the agency's website, www.k12.wa.us, at any time, at no cost.

(3) Organization of public records. The agency will maintain its records in a reasonably organized manner. The agency will take reasonable actions to protect records from damage and disorganization. When inspecting records in person, a requestor must comply with protection requirements of WAC 392-105-060 and must make reasonable efforts to maintain the organization of the public records.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-040, filed 6/14/18, effective 7/15/18. Statutory Authority: RCW 42.17.250 - [42.17].320. WSR 93-07-039 (Order 93-05), § 392-105-040, filed 3/11/93, effective 4/11/93
WSR 92-10-016 (Order 92-04), § 392-105-040, filed 4/28/92, effective 5/29/92.

Wash. Admin. Code § 392-105-050 Protection of public records.

In order to adequately protect the agency's public records, requestors must comply with the following guidelines while inspecting public records:

(1) Requestors may not remove any public record from the agency's premises.

(2) Requestors must have a designated agency employee present while inspecting a public record.

(3) Requestors may not mark or deface a public record in any manner during inspection.

(4) Requestors may not dismantle public records that are maintained in a file or jacket, or in chronological or other filing order, or those records that, if lost or destroyed, would constitute excessive interference with the agency's essential functions.

(5) Access to agency file cabinets, shelves, vaults, or other storage areas is restricted to agency personnel, unless other arrangements are made with the public records officer or designee.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-050, filed 6/14/18, effective 7/15/18. Statutory Authority: RCW 42.17.250 through [42.17].320. WSR 92-10-016 (Order 92-04), § 392-105-050, filed 4/28/92, effective 5/29/92.

Wash. Admin. Code § 392-105-060 Costs of providing copies of public records.

(1) Inspection. The agency does not charge a fee for the inspection of public records, either in person or on the agency's website.

(2) Statutory default costs. Pursuant to RCW 42.56.120(2), the agency declares for the following reasons that it would be unduly burdensome to calculate the actual costs it charges for providing copies of public records:

(a) Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations;

(b) Staff resources are insufficient to perform a study and to calculate such actual costs; and

(3) Fee schedule.

(a) The agency may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120 and as published in the agency's fee schedule available on the agency website at www.k12.wa.us.

(b) The agency will charge the actual amount charged by an external vendor for records copied by an external vendor including records in nonstandard sizes or formats as published in the agency's fee schedule available on the agency website at www.k12.wa.us.

(4) Processing payments. Before copying public records, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all of the records. The public records officer or designee may require payment of the remainder of the copying costs before providing all of the records, or the payment of costs of copying an installment before providing the installment. The agency will not charge sales tax when it makes copies of public records.

(5) Customized electronic access services. At the agency's sole discretion, the agency may provide customized electronic access to public records if the agency estimates that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the agency for other agency purposes. The agency will charge the actual costs, including staff time, necessary to reimburse the agency for providing customized electronic access services.

(6) Costs of mailing. The agency may also charge actual costs of mailing, including the costs of the shipping container.

(7) Payment of fees. The agency will not release any requested copies of public records unless and until the requestor has paid all copying and other charges as set forth in this section.

(8) Waiver of fees. The agency may waive any charges for providing public records at the discretion of the public records officer. This determination will be made on a case-by-case basis.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-060, filed 6/14/18, effective 7/15/18. Statutory Authority: RCW 42.17.250 - [42.17].320. WSR 93-07-039 (Order 93-05), § 392-105-060, filed 3/11/93, effective 4/11/93
WSR 92-10-016 (Order 92-04), § 392-105-060, filed 4/28/92, effective 5/29/92.

Wash. Admin. Code § 392-105-070 Responses to public records requests.

(1) Acknowledging receipt of request. The agency will respond to a request within five business days of receipt, by:

(a) Providing the record(s);

(b) Providing an internet address and link to the record(s) on the agency website;

(c) Acknowledging that the agency has received the request, asking for clarification to the extent the request is unclear, and providing a reasonable estimate of the time the agency will require to respond to the request if not clarified; or

(d) Denying the public record request.

(2) Requests for clarification. In acknowledging receipt of a public record request that is unclear, the agency may ask the requestor to clarify what information the requestor is seeking.

(3) Additional time. Additional time required to respond to a request may be based upon the following:

(a) The need to clarify the intent of the request;

(b) The need to locate and assemble the information requested;

(d) The need to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(4) Processing requests. The agency will process requests in the order in which they are received. The agency may modify this approach as necessary to ensure that requests that seek larger volumes of records, require closer review, or are otherwise more time consuming, do not unreasonably delay simpler, more routine requests.

(5) Providing records in installments.

(a) The agency may elect to provide responsive records on a partial or installment basis when:

(i) It appears that the number of records responsive to a request may be large; or

(ii) The process of locating, assembling, or reviewing the records may be lengthy.

(b) The agency has no obligation to locate and assemble records responsive to a subsequent installment until the previous installment has been claimed or inspected.

(6) Providing electronic records.

(a) When electronic records are requested, the agency will provide:

(i) The nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available; or

(ii) At the agency's discretion, in a format that is reasonably translatable from the format in which the agency keeps the records.

(b) The agency is under no obligation to convert electronic records to a specific format identified by the requestor.

(c) When metadata is requested, the agency will provide the records in a native file format that preserves metadata where technically feasible. Metadata may be unavailable for records that require conversion to a nonnative format in order to apply exemptions.

(7) Completion of inspection or disclosure. When the inspection or disclosure of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the agency has completed a reasonable search for the requested records and made any located nonexempt records available for inspection or disclosure.

(8) Closing withdrawn or abandoned requests. The public records officer or designee will close a request and indicate to the requestor that the agency has closed the request when:

(a) The requestor withdraws the request;

(b) The requestor fails to clarify a request within ten business days after being asked to clarify the information the requestor is seeking;

(d) The requestor fails to pay any copying or other charges; or

(e) The requestor fails to claim or inspect an installment within ten business days after the public records officer or designee provides notice of the installment's availability.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-070, filed 6/14/18, effective 7/15/18.

Wash. Admin. Code § 392-105-080 Determination regarding exempt records.

(1) When the agency denies, in whole or in part, a request for inspection of any public record, the agency must include a statement of the specific exemption authorizing the denial and a brief explanation of how the exemption applies to the record withheld.

(2) If only a portion of a record is exempt from disclosure but the remainder is not exempt, the public records officer or designee will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-080, filed 6/14/18, effective 7/15/18.

Wash. Admin. Code § 392-105-090 Review of denials of public records requests.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing, including email, to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer must promptly provide the petition and any other relevant information to the superintendent of public instruction or his or her designee. The superintendent or designee must consider the petition and either affirm or reverse the denial within two business days following the agency's receipt of the petition, or within such other time as the agency and the requestor mutually agree to.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the agency denies a requestor access to public records because the agency claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter under WAC 44-06-160.

(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-090, filed 6/14/18, effective 7/15/18.

Wash. Admin. Code § 392-105-100 Records index.

(1) The records retention schedule established by the division of the state archives of the office of the secretary of state serves as an index for the identification and location of the agency's records, including those described in RCW 42.56.070(5). The records retention schedule indexes records according to the originating program or section, and then the record series title. Each title is further identified by a statement of function or purpose, and the retention period. The records retention schedule is available to the public for inspection and copying. With the assistance of the public records officer or designee, any person can obtain access to the agency's public records using the records retention schedule.

(2) Policy statements and interpretive statements as defined in RCW 34.05.010 are available on the agency's website or upon request through the agency's public records office.

History

Statutory Authority: RCW 28A.300.040 and 2017 c 304. WSR 18-13-060, § 392-105-100, filed 6/14/18, effective 7/15/18.

Chapter 392-115 Finance—Audit resolution process.

Wash. Admin. Code § 392-115-005 Authority.

The authority for this chapter is Substitute Senate Bill No. 5394 which authorizes the superintendent to set policy and procedure for resolution of monetary and nonmonetary audit findings involving state money and RCW 28A.300.070 which authorizes the superintendent of public instruction to receive and administer federal moneys in accordance with federal acts—to wit;

(1) U.S. Public Law 98-502 (Single Audit Act of 1984) and U.S. Public Law 104-156 (Single Audit Act Amendments) and its implementing federal rules and regulations that require the superintendent of public instruction to resolve audit findings against governmental organizations receiving federal moneys that the superintendent of public instruction receives and administers;

(2) U.S. Public Law 89-64 and amendments thereto (Child Nutrition Act of 1966) and its implementing rules and regulations that require the superintendent of public instruction to resolve audit findings against those organizations operating child care programs and receiving federal moneys received and administered by the superintendent of public instruction; or

(3) U.S. Office of Management and Budget Circular A-133 and successors that require the superintendent of public instruction to resolve audit findings against those organizations receiving federal moneys administered and received by the superintendent of public instruction.

(4) U.S. Public Law 100-297 (Elementary and Secondary School Improvement Act of 1988) and U.S. Public Law 103-382 (Improving America Schools Act) implementing rules and regulations that require the superintendent of public instruction to consider audit findings to be prima facie evidence, and the burden of proof to set aside an audit finding rests with the subrecipient.

(5) U.S. Public Law 94-142 (Individuals with Disabilities Education Act) and amendments thereto that require the superintendent of public instruction to provide a free and appropriate education to students with disabilities.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-005, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-005, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-010 Purpose.

The purpose of this chapter is to set forth the policies and procedures in accordance with state and federal requirements for the resolution of monetary and nonmonetary audit findings against a subrecipient receiving state or federal moneys administered by the superintendent of public instruction.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-010, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-010, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-015 Definition—Subrecipient.

As used in this chapter, "subrecipient" means a public or nonpublic entity receiving state or federal moneys administered and disbursed by the superintendent of public instruction.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-015, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-015, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-020 Definition—Program audit.

As used in this chapter, "program audit" means an examination of a subrecipient to determine compliance with the state or federal laws and regulations governing the operation of a specific program.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-020, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-020, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-025 Definition—Single audit.

As used in this section, "single audit" means an organization-wide examination conducted under the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 encompassing the entire financial operation of a subrecipient reporting whether:

(1) All financial statements present fairly the financial position and results of financial operations in accordance with generally accepted accounting principles;

(2) All laws and regulations having a material effect upon the financial statements or major state or federal assistance programs have been complied with; and

(3) All internal control systems provide reasonable assurance that federal financial assistance programs are managed in compliance with applicable laws and regulations.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-025, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-025, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-030 Definition—Audit report.

As used in this chapter, "audit report" means the report issued by either the office of the state auditor or a certified public accountant disclosing the results of either a single audit or program audit.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-030, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-035 Definition—Questioned costs.

As used in this chapter, "questioned costs" means the estimated cost presented in a schedule of questioned cost, associated with one or more of the following:

(1) An alleged violation of a law, regulation, contract, grant, cooperative agreement, or other agreement governing the expenditure of moneys.

(2) Lack of adequate documentation of the expenditure of moneys.

(3) The unnecessary or unreasonable expenditure of the moneys.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-035, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-040 Definition—Monetary audit finding.

As used in this chapter, "monetary audit finding" means a questioned cost associated with a weakness, irregularity, or error.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-040, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-045 Definition—Nonmonetary audit finding.

As used in this chapter, "nonmonetary audit finding" means a weakness, error, or irregularity not associated with a questioned cost but associated with:

(1) Inadequacy of internal controls;

(2) Lack of compliance with state or federal laws or rules and regulations; or

(3) Improper financial statements of the subrecipient.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-045, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-045, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-050 Definition—Audit finding.

As used in this chapter, "audit finding" means either a monetary or nonmonetary audit finding designated as questioned federal or state data in an audit report, management letter or audit memorandum, including but not limited to staffing, enrollment or other reported data of a subrecipient pertaining to state or federal moneys administered or disbursed by the superintendent of public instruction.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-050, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-050, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-055 Definition—Disallowed costs.

As used in this chapter, "disallowed costs" means those questioned costs associated with an audit finding that the superintendent of public instruction has determined should not be charged to the state or federal government program.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-055, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-055, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-060 Definition—Allowed costs.

As used in this chapter, "allowed costs" means a questioned cost that the superintendent of public instruction has determined is properly charged to the state or federal government program. Such determination includes but is not limited to the following reasons: Clerical error; inappropriate methodology; noncompliance with generally accepted auditing standards and incorrect interpretation or application of law, rules, or regulations.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-060, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-060, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-065 Definition—Resolved audit finding.

As used in this chapter, "resolved audit finding" means an audit finding that is addressed in or subject to provisions of a management decision letter.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-065, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-065, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-070 Definition—Management decision letter.

As used in this chapter, "management decision letter" means a letter that represents resolution of the audit finding for the purposes of this chapter.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-070, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-075 Definition—Desk review.

As used in this chapter, "desk review" means a review of an audit report to assure that it meets applicable reporting standards and single audit reporting requirements.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-075, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-080 Reopening of resolved audit findings.

The superintendent of public instruction shall recover from the subrecipient moneys resulting from an audit resolution pursuant to this chapter, and any subsequent events that result in a liability of the subrecipient, including the reopening of resolved audit findings. Basic education allocation may be withheld to facilitate recovery as provided by section 1, chapter 103, Laws of 1990.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-080, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-085 Audit finding against SPI considered to be an audit finding against a subrecipient.

An audit finding contained in an audit report of the superintendent of public instruction resulting from failure of a subrecipient to comply with state or federal law or rules and regulations, shall be considered an audit finding against the subrecipient and resolved pursuant to this chapter.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-085, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-085, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-090 Lack of compliance with the audit resolution process.

Any subrecipient failing to comply with the process or procedures of this chapter shall be subject to the withholding or recovery of state or federal moneys. The superintendent of public instruction shall recover moneys or withhold future funding as necessary to implement management decision letters or corrective action plans. Money withheld may be released upon corrective action.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-090, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-090, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-095 Desk review of audit reports.

As required by 34 C.F.R. Part 74, Appendix G, upon receipt of an audit report from the office of the state auditor or a certified public accountant, a desk review of the audit report shall be conducted by the superintendent of public instruction. Audit reports that pass the desk review shall be forwarded for resolution of any audit findings. Audit reports that are determined by such review to be deficient shall be rejected. The superintendent of public instruction may consult with auditors prior to the rejection of audit reports.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-095, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-100 Subrecipient to be informed of audit finding.

The superintendent of public instruction shall inform, by letter, the affected subrecipient of an audit finding or findings within thirty calendar days after an audit report has passed desk review, as required by WAC 392-115-095. If the audit contains a monetary audit finding such letter shall be notice under P.L. 100-297 of a prima facie case for the recovery of funds, that unless rebutted, is sufficient to sustain the conclusion drawn in the audit. If the audit contains a nonmonetary finding, the audit shall be a prima facie case that sustains the audit finding unless rebutted. Audit findings are sustained under this chapter unless the subrecipient can prove that the audit is deficient as specified in WAC 392-115-140.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-100, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-105 Subrecipient concurrence with audit finding.

The subrecipient shall inform the superintendent of public instruction, by letter, whether it concurs or does not concur with an audit finding within thirty calendar days of the date of the notice by the superintendent of public instruction. If the subrecipient concurs with the audit finding(s), the superintendent of public instruction shall follow the process and procedures set forth in WAC 392-115-110 through 392-115-130. In the event a subrecipient elects not to respond to the notice within thirty calendar days of the date of said notice, such failure will be considered concurrence with audit finding(s). If the subrecipient does not concur with the audit finding, the subrecipient and the superintendent of public instruction shall follow the process and procedures set forth in WAC 392-115-140 through 392-115-150.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-105, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-110 Management decision letter developed.

The superintendent of public instruction shall prepare and forward to the subrecipient a management decision letter setting forth:

(1) Any corrective actions to be taken by the subrecipient;

(2) Any disallowed costs to be recovered from nonfederal sources;

(3) Any allowed costs chargeable to federal sources;

(4) The due date for submission to the superintendent of public instruction of any corrective action plan;

(5) Any state adjustments of data submitted which may result in revised apportionment calculations or recovered payments.

The superintendent of public instruction shall issue the management decision letter no later than one hundred eighty calendar days after the receipt of the audit report setting forth an audit finding against the subrecipient.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-110, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-110, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-115 Corrective action plan.

The subrecipient shall develop a corrective action plan, as required in the management decision letter, setting forth:

(1) The corrective actions; and

(2) The schedule for implementation of corrective actions.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-115, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-115, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-120 SPI reviews corrective action plan.

The superintendent of public instruction shall review and approve the corrective action plan and implementation schedule as proposed by the subrecipient for compliance with the required actions set forth in the management decision letter. If the corrective action plan or its implementation schedule does not comply with the requirements of the management decision letter, the superintendent shall require the subrecipient to modify the corrective action plan accordingly. The auditor (the office of the state auditor or a certified public accountant) has the responsibility to review the subrecipient's actions to determine if the corrective actions called for in the corrective action plan have taken place and assess the adherence to the corrective action plan in making audit determinations.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-120, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-120, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-125 SPI informs subrecipient of the results of review.

The superintendent of public instruction shall inform the subrecipient, by letter, of:

(1) The results of its review of the corrective action plan;

(2) Any modification required to be made by the subrecipient; and

(3) The implementation schedule of the corrective action plan.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-125, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-125, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-130 Subrecipient implements corrective action plan.

The subrecipient shall implement the corrective action plan, with any required modifications, by the date(s) specified by the superintendent of public instruction.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-130, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-130, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-135 Subrecipient nonconcurrence with audit finding.

The subrecipient shall state the basis of its nonconcurrence with the audit finding by letter, within sixty calendar days (inclusive of the thirty calendar days allowed the subrecipient to notify the superintendent of public instruction of its concurrence or nonconcurrence provided in WAC 392-115-105) of notification from the superintendent of public instruction of the audit finding. The letter shall set forth in full the reasons for the nonconcurrence and be the basis for any subsequent review by the superintendent of public instruction. The subrecipient shall have the burden of proof in cases of disputed audit findings.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-135, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-140 SPI review of audit finding as result of nonconcurrence.

The superintendent of public instruction shall review the subrecipient's letter of nonconcurrence and such review shall be limited to proof of one or more of the following:

(1) Error or omission by the auditor;

(2) Application of inappropriate methodology by the auditor;

(3) Noncompliance with generally accepted auditing standards by the auditor;

(4) Incorrect interpretation or application by the auditor of federal law or rules and regulations.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-140, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-145 SPI develops management decision letter.

The superintendent of public instruction shall issue a management decision letter pursuant to WAC 392-115-115 incorporating the results of its review of the subrecipient's nonconcurrence with an audit finding.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-145, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-150 Subrecipient appeal of management decision letter.

The subrecipient may, in writing, appeal the management decision letter within thirty calendar days after the date of the management decision letter to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-150, filed 3/8/91, effective 4/8/91.

Wash. Admin. Code § 392-115-151 Appeals or adjudicative proceedings.

Pursuant to WAC 392-115-150:

(1) Any subrecipient deciding to appeal the management decision letter, may do so to the superintendent of public instruction or designee in accordance with the adjudicative proceedings in RCW 34.05.413 through 34.05.494 and the administrative practices and procedures of the superintendent of public instruction in chapter 392-101 WAC.

(2) Reviewing initial orders and preparing and entering final agency orders in accordance with RCW 34.05.464 may be accomplished by a person appointed by the superintendent.

(3) The superintendent of public instruction may assign the adjudicative proceeding to the office of administrative hearings and may delegate final decision-making authority to the administrative law judge conducting the hearing.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-151, filed 2/4/98, effective 3/7/98.

Wash. Admin. Code § 392-115-155 Modification of management decision letter.

The superintendent of public instruction shall consider any and all recommendations resulting from a fully exhausted appeals process in a revised management decision letter developed pursuant to WAC 392-115-110.

History

Statutory Authority: 1997 c 167 and chapter 28A.300 RCW. WSR 98-05-008 (Order 98-02), § 392-115-155, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.300.070. WSR 91-07-007 (Order 91-04), § 392-115-155, filed 3/8/91, effective 4/8/91.

Chapter 392-117 Timely reporting.

Wash. Admin. Code § 392-117-005 Authority.

The authority for this chapter is RCW 28A.150.290 which establishes that the superintendent of public instruction shall have the power and duty to make rules and regulations that are necessary for the proper administration of allocations for basic education and other purposes and RCW 28A.300.040, which states that the powers and duties of the superintendent of public instruction include:

(1) To have supervision over all matters pertaining to the public schools;

(2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools; and

(3) To print and distribute forms that are necessary to discharge the duties of officials charged with the administration of the laws relating to the common schools.

This chapter is further authorized under RCW 28A.710.040(5), which provides that public charter schools are subject to the supervision of the superintendent of public instruction to the same extent as other public schools.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-117-005, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-005, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-010 Purpose.

The purpose of this chapter is to provide policies and procedures to encourage timely reporting of general apportionment data, educational data, and year end financial report data by school districts, charter schools, and educational service districts to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 13-12-029, § 392-117-010, filed 5/29/13, effective 6/29/13. Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-010, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-015 Definition—Extenuating circumstances.

As used in this chapter, extenuating circumstances means a circumstance or set of circumstances that lessens or mitigates the consequences of failure under these rules to report as required in accordance with established due dates. Extenuating circumstances include but are not limited to unusual or infrequent events like an unforeseen natural event, labor dispute, or a computer system failure.

History

Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-015, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-020 School district and educational service district reporting responsibilities.

Each school district, charter school, and educational service district shall provide, upon written request of the superintendent of public instruction, such data as the superintendent deems appropriate. These requirements include, but are not limited to, data for determining the financial condition and results of operation of the school districts, charter schools, and educational service districts of the state, data for substantiating appropriation requests to the state legislature, data for administering state legal requirements, data for substantiating the district's and charter school's entitlement to state basic education apportionment, and educational data for the superintendent's comprehensive education data and research system (CEDARS).

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 13-12-029, § 392-117-020, filed 5/29/13, effective 6/29/13. Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-020, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-025 Superintendent of public instruction reporting responsibilities.

The superintendent of public instruction shall provide each district with necessary report formats and shall advise each district of the due dates established by the superintendent for the return of such completed report forms to the educational service districts or to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-025, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-030 Failure to submit timely general apportionment data.

In the event any school district, charter school, or educational service district fails to submit data by the due date established or in the form required by the superintendent of public instruction and the data are unavailable for calculations pursuant to this chapter or the biennial Operating Appropriations Act, the superintendent of public instruction shall either:

(1) Perform calculations and make payments as if the school district, charter school, or educational service district reported zero data; or

(2) Delay calculations and payments to the school district, charter school, or educational service district until the next monthly apportionment payment or until after data are submitted in the form required.

If a school district, charter school, or educational service district is unable to report by the due date or in the form required by the superintendent of public instruction due to extenuating circumstances, the district or charter school may request to make a tentative report. If the superintendent of public instruction agrees that extenuating circumstances exist and if the tentative report is received in time for the calculations, the superintendent of public instruction may use such tentative report for calculations and payments until such time as the district or charter school submits the final required data: Provided, That a tentative report shall not be used for more than one monthly apportionment calculation without consent of the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-117-030, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-030, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-035 Failure to submit timely annual financial statements.

A school district's or charter school's apportionment payments shall be delayed by the superintendent of public instruction if a school district or charter school fails to submit its annual financial statements (Report F-196) to the superintendent of public instruction by the established due date. An educational service district's apportionment payments shall be delayed by the superintendent of public instruction if an educational service district fails to submit its annual financial statements (Report F-185) to the superintendent of public instruction by the established due date. The first apportionment payment to be delayed will be for the month in which the annual financial statements are due. The first apportionment payment shall be delayed no less than thirty days. The first apportionment payment and subsequent apportionment payments shall be delayed until the annual financial statements are filed in approvable form.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-117-035, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-035, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-038 Failure to meet CEDARS submission requirements.

School districts, charter schools, tribal schools, and other local education agencies receiving state funds who fail to meet CEDARS reporting requirements as outlined in the annual CEDARS data manual are subject to the following course of action. Upon the superintendent of public instruction's determination that a local education agency has failed to meet CEDARS reporting requirements, the superintendent will provide notice of the determination to the local education agency. The local education agency will have ninety days from the receipt of the notice to correctly report CEDARS data. If the local education agency's failure to meet CEDARS reporting requirements is not corrected within forty-five days of the superintendent's first notice, the superintendent will provide a second notice to the local education agency. The second notice will describe the superintendent's determination and will identify the deadline for corrective action. If the local education agency does not correctly report CEDARS data within ninety days of its receipt of the superintendent's first notice, the superintendent may withhold the local education agency's subsequent monthly apportionment payment until CEDARS reporting requirements are met.

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 13-12-029, § 392-117-038, filed 5/29/13, effective 6/29/13.

Wash. Admin. Code § 392-117-040 Extension of time for filing annual financial statements.

The superintendent of public instruction may grant an extension of the due date of the annual financial statements. The due date may be extended a maximum of thirty days. However, extensions may be granted for a period greater than thirty days when records necessary for the preparation of the annual financial statement have been destroyed as the result of an extenuating circumstance. A school district or educational service district's request for a due date extension must be received by the superintendent of public instruction at least ten days before the due date. The superintendent of public instruction may grant an extension only because of extenuating circumstances.

History

Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-040, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-045 Corrections to data reported to the superintendent of public instruction.

School districts, charter school, and educational service districts shall submit corrections to district or charter school enrollment, personnel, and other data affecting state apportionment as provided in this section.

(1) If at any time prior to the completion of audit of data by the state auditor a school district, charter school, or educational service district discovers that data have been reported to the superintendent of public instruction in error, the district or charter school shall submit revised data. The "completion of audit" means the date of the exit conference held by the state auditor with district or charter school staff as part of the district's regular financial and state compliance audit.

(2) During audit of data, districts or charter schools submitting revised data shall provide a copy of revisions to the state auditor. "During audit" means between the entrance conference and the exit conference held by the state auditor with district or charter school staff as part of the district's or charter school's regular financial and state compliance audit.

(3) After audit of data by the state auditor, the district or charter school shall report revisions only as part of the audit resolution process pursuant to chapter 392-115 WAC. "After audit" means after the exit conference held by the state auditor with district or charter school staff as part of the district's or charter school's regular financial and state compliance audit.

(4) Unless the superintendent of public instruction provides instructions to the contrary, revised data shall be submitted in the same manner as the original report. The revised report shall contain an original signature of the educational service district superintendent, the school district superintendent, the charter school's lead administrator, or the authorized official.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-117-045, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1). WSR 00-12-037, § 392-117-045, filed 5/31/00, effective 7/1/00. Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-045, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-050 Documentation requirements.

School districts, charter schools, and educational service districts shall provide upon request by the superintendent of public instruction and for audit purposes, documentation to support all data reported to the superintendent of public instruction pursuant to this chapter.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-117-050, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 28A.300.040. WSR 91-13-054 (Order 91-09), § 392-117-050, filed 6/14/91, effective 7/15/91.

Wash. Admin. Code § 392-117-055 Reporting contracts for charter schools.

Each public charter school in its first year of operation should contract with the charter school's resident education service district school district for the purpose of reporting general apportionment data, educational data, and year end financial report data to the superintendent of public instruction under this chapter.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-117-055, filed 8/28/15, effective 9/28/15.

Wash. Admin. Code § 392-117-060 Student data reported for public reporting and accountability.

As authorized by section 504, chapter 72, Laws of 2016 (section 504 of 4SHB 1541 (2016)), and subject to the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, 34 C.F.R. Part 99, the only student data that should not be reported by the office of superintendent of public instruction for public reporting and accountability is data where the school or school district has fewer than ten students in a grade level or student subgroup.

History

Statutory Authority: 2016 c 72 (504)(1). WSR 16-16-077, § 392-117-060, filed 7/29/16, effective 8/29/16.

Chapter 392-120 Finance—University of Washington transition school and early entrance program allocations.

Wash. Admin. Code § 392-120-001 Authority.

The authority for this chapter is RCW 28A.185.040 which authorizes the superintendent of public instruction to adopt rules relating to the allocation of any state and federal moneys for students attending a University of Washington transition school and/or early entrance program.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-001, filed 7/22/02, effective 8/22/02. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-120-001, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.58.217. WSR 88-19-026 (Order 88-21), § 392-120-001, filed 9/12/88.

Wash. Admin. Code § 392-120-005 Purpose.

The purpose of this chapter is to set forth policies and procedures relating to the allocation of state and federal moneys to the University of Washington for eligible highly capable students attending a University of Washington transition school and/or early entrance program.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-005, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-005, filed 4/12/90, effective 5/13/90
WSR 88-19-026 (Order 88-21), § 392-120-005, filed 9/12/88.

Wash. Admin. Code § 392-120-010 Definition—University of Washington transition school and early entrance program.

As used in this chapter, "University of Washington transition school and early entrance program" means programs operated by the University of Washington for the education of highly capable students.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-010, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-010, filed 4/12/90, effective 5/13/90
WSR 88-19-026 (Order 88-21), § 392-120-010, filed 9/12/88.

Wash. Admin. Code § 392-120-015 Definition—Allowable activities.

As used in this chapter, "allowable activities" means:

(1) Selection of students;

(2) Precollege activities;

(3) Special advising; and

(4) Necessary activities for the support of students.

History

Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-015, filed 4/12/90, effective 5/13/90
WSR 88-19-026 (Order 88-21), § 392-120-015, filed 9/12/88.

Wash. Admin. Code § 392-120-020 Definition—Eligible student.

As used in this chapter, "eligible student" means a student:

(1) Enrolled in the University of Washington transition school and/or early entrance program for not more than three years; and

(2) Eighteen years of age or younger at the beginning of the school year.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-020, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-020, filed 4/12/90, effective 5/13/90
WSR 88-19-026 (Order 88-21), § 392-120-020, filed 9/12/88.

Wash. Admin. Code § 392-120-025 Definition—Full-time equivalent student.

As used in this chapter, "full-time equivalent student" means an eligible student enrolled in and attending all courses required for continued enrollment in a transition school, and also means an eligible student who is enrolled in the early entrance program for 12 college credits or more per quarter.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-025, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.185.040. WSR 97-20-002 (Order 97-05), § 392-120-025, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-025, filed 4/12/90, effective 5/13/90
WSR 88-19-026 (Order 88-21), § 392-120-025, filed 9/12/88.

Wash. Admin. Code § 392-120-027 Definition—Count date.

As used in this chapter "count date" means the first day of transition school or first early entrance program day during the month on which eligible students are counted and their full-time equivalency is determined. Count dates occur in the months of October through June. Eligible students counted during the summer are counted during the months of June through August.

History

Statutory Authority: RCW 28A.185.040. WSR 97-20-002 (Order 97-05), § 392-120-027, filed 9/17/97, effective 10/18/97.

Wash. Admin. Code § 392-120-028 Definition—Annual average full-time equivalent student.

As used in this chapter, an "annual average full-time equivalent student" means an eligible student who is a full-time equivalent student on each of the count dates in October through June: Provided, That a student electing to attend the summer quarter in lieu of attending the autumn, winter, or spring quarter will be counted during the summer months of June through August. No individual student 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 September 1 through August 31 period for the purposes of claiming and allocating state and federal kindergarten through twelfth grade moneys to school districts and to the University of Washington.

History

Statutory Authority: RCW 28A.185.040. WSR 97-20-002 (Order 97-05), § 392-120-028, filed 9/17/97, effective 10/18/97.

Wash. Admin. Code § 392-120-030 Definition—School year—Beginning—End.

As used in this chapter, "school year" shall begin on the first day of September and end with the last day of August.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-030, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.185.040. WSR 97-20-002 (Order 97-05), § 392-120-030, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-030, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-120-035 Definition—Resident school district.

As used in this chapter, "resident school district" means the same as that term is defined in WAC 392-137-120.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-035, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-035, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-120-040 Definition—Allowable revenue sources.

As used in this chapter, "allowable revenue sources" means those state revenue accounts for which the eligible student would otherwise be reported by the resident school district for allocation purposes.

History

Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-040, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-120-045 Definition—Revenue per eligible student.

As used in this chapter, "revenue per eligible student" means:

(1) Calculate the annual allocation for allowable revenue sources for the resident school district for each eligible student used for the most recent apportionment payment;

(2) Divide the result obtained in subsection (1) of this section by the annual average full-time students for the resident school district used for the most recent apportionment payment.

History

Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-045, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-120-050 Contract between the superintendent of public instruction and the University of Washington.

The superintendent of public instruction shall contract under the Interlocal Cooperation Act, chapter 39.34 RCW, with the University of Washington for the admission and enrollment in the transition school of up to thirty highly capable students in the state of Washington each academic year and up to eighty highly capable students in the University of Washington's Academy each academic year, and for the continued enrollment and instruction in these early entrance program(s) of such students until they turn eighteen or complete three years at the transition school and/or early entrance program, whichever first occurs.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-050, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-050, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-120-055 Responsibilities—University of Washington.

The allocation of moneys pursuant to this chapter are conditioned on the University of Washington transition school and early entrance program(s) performing the following:

(1) Reporting for each count date for each eligible student of their:

(a) Full-time equivalency; and

(b) Resident school district.

(2) Expending the moneys allocated pursuant to this chapter on allowable activities.

(3) Providing health screening as agreed to by contract with the superintendent of public instruction; enforcing chapter 180-140 WAC and all applicable federal laws relating to student discipline and rights for students enrolled in the transition school or early entrance program(s) who have not yet registered or enrolled in college level courses; and enforcing Title 478 WAC and all applicable federal laws relating to student conduct, discipline, records and rights, for students who have registered and enrolled in one or more college level courses.

(4) Reporting for the October count date of each year to the resident school district of the enrollment of each student in the University of Washington transition school and early entrance program(s).

(5) Reporting annually to the superintendent of public instruction the actual expenditures on allowable activities.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-055, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.185.040. WSR 97-20-002 (Order 97-05), § 392-120-055, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-055, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-120-060 Responsibilities—Superintendent of public instruction.

In carrying out the responsibilities associated with this chapter, the superintendent of public instruction shall:

(1) Perform such calculations as are necessary to carry out the several provisions of this chapter;

(2) Allocate such moneys as determined to the University of Washington transition school and early entrance program(s) quarterly.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-060, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-060, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-120-065 Calculation of quarterly allocation.

The superintendent of public instruction shall calculate the quarterly allocation of moneys to the University of Washington transition school and early entrance program(s) using information available at the time the calculation is made as follows:

(1) Sum the following for each eligible student:

(a) Determine the revenue per eligible annual average full-time equivalent student; and

(b) Multiply the result obtained in (a) of this subsection by the annual average full-time equivalency of the eligible student.

(2) Adjust the result obtained in subsection (1) of this section by any over or under payments resulting from prior quarterly allocations.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-065, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.185.040. WSR 97-20-002 (Order 97-05), § 392-120-065, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-065, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-120-070 Recovery of unspent moneys.

The University of Washington transition school and early entrance program(s) shall remit the positive difference determined by subtracting the actual expenditures on allowable activities from the total allocation.

History

Statutory Authority: RCW 28A.150.290. WSR 02-15-150, § 392-120-070, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 28A.58.217. WSR 90-09-038 (Order 90-04), § 392-120-070, filed 4/12/90, effective 5/13/90.

Chapter 392-121 Finance—General apportionment.

Wash. Admin. Code § 392-121-001 Authority.

The authority for this chapter is RCW 28A.150.290 which authorizes the superintendent of public instruction to adopt rules and regulations as are necessary for the proper administration of chapter 28A.150 RCW. This general authority is supplemented by RCW 28A.150.400 which authorizes the superintendent of public instruction to develop apportionment factors based on data and statistics derived in an annual period established by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-001, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-121-001, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-001, filed 1/11/88.

Wash. Admin. Code § 392-121-003 Purpose.

The purpose of this chapter is to set forth policies and procedures related to the general apportionment of state moneys for the operation of public schools within the state of Washington. This section shall apply for apportionment purposes only and shall not apply to program approval standards for basic education entitlement.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-003, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-003, filed 1/11/88.

Wash. Admin. Code § 392-121-007 Organization of this chapter.

This chapter is in the following general subject areas:

Sections 001-099 General provisions.

Sections 100-199 Enrollment.

Sections 200-299 Certificated instructional staff.

Sections 400-499 Apportionment.

History

Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-007, filed 1/11/88.

Wash. Admin. Code § 392-121-011 General provisions.

The following general provisions apply to this chapter:

(1) Calculations made by the superintendent of public instruction shall use the most current school district information for the school year or charter school on file with the superintendent of public instruction at the time of the calculation unless otherwise provided in this chapter or in chapter 392-117 WAC, Timely reporting.

(2) Full-time equivalent staff shall be rounded to the nearest three decimal places.

(3) Full-time equivalent enrollment shall be rounded to the nearest two decimal places.

(4) Ratios of full-time equivalent staff to students shall be expressed as a ratio of staff to one thousand students and shall be rounded to the nearest two decimal places (e.g., 51.21/1000).

(5) Unless otherwise stated, report forms, staff, salary, and enrollment data references in these rules are report forms, staff, salary, or enrollment data for the school year for which calculations pursuant to this chapter are being made.

(6) Employee assignments and account codes for program, duty, and activity shall mean the same as defined in the accounting manual for public school districts in the state of Washington and in instructions for personnel reporting provided by the superintendent of public instruction.

(7) School districts and charter schools shall have available upon request by the superintendent of public instruction and for audit purposes, such documentation as necessary to support all data reported to the superintendent of public instruction pursuant to this chapter.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-011, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 92-23-044 (Order 92-15), § 392-121-011, filed 11/16/92, effective 12/17/92.

Wash. Admin. Code § 392-121-021 Reporting requirements.

The provisions of chapter 392-117 WAC, Timely reporting, apply to allocations made pursuant to this chapter. Failure of a school district or charter school to report in the form or by the deadline required by the superintendent of public instruction may result in the reduction or delay of apportionment payments.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-021, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 92-23-044 (Order 92-15), § 392-121-021, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-021, filed 1/11/88.

Wash. Admin. Code § 392-121-031 Definition—School year.

As used in this chapter, "school year" means the annual period commencing on the first day of September of one calendar year and ending the last day of August of the ensuing calendar year: Provided, That for those school districts or charter schools commencing basic education program prior to September 1, the following activities shall be considered to be within the school year that commences September 1.

(1) School days scheduled prior to September 1; and

(2) Staff days and activities in preparation for the school year included in employee contracts for the school year, but occurring before September 1.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-031, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). WSR 99-20-021 (Order 98-07), § 392-121-031, filed 9/28/99, effective 9/29/99. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-031, filed 1/11/88.

Wash. Admin. Code § 392-121-033 Definition—School day.

As used in this chapter, "school day" means a calendar day except school holidays on which students enrolled in the school district or charter school are afforded the opportunity to be engaged in educational activity which is planned, supervised, and conducted by or under the supervision of the school district or charter school certificated staff, and on which day all or any portion of the students enrolled in the program actually participate in such educational activity.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-033, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-033, filed 1/11/88.

Wash. Admin. Code § 392-121-106 Definition—Enrolled student.

WAC 392-121-106

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 the person:

(a) Resides in the school district with or without an address (RCW 28A.225.010, 28A.225.160 and 28A.225.215);

(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 the person resides in and has been accepted by the school district claiming enrollment (RCW 28A.225.225 and 28A.225.230);

(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; or

(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, 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 12 and transition to kindergarten program;

(3) Is under 21 years of age at the beginning of the school year. For a student receiving special education services, the person is under the age of 22 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; and

(5) Does not qualify for any of the enrollment exclusions set forth in WAC 392-121-108.

History

Statutory Authority: 2025 c 256, RCW 28A.150.290, 28A.150.305, 28A.175.115, 28A.300.072, and 28A.710.040. WSR 26-17-047, s 392-121-106, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-121-106, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-106, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1). WSR 09-21-019, § 392-121-106, filed 10/9/09, effective 11/9/09. Statutory Authority: RCW 28A.150.290. WSR 95-10-011 (Order 95-03), § 392-121-106, filed 4/25/95, effective 5/26/95
WSR 95-01-013, § 392-121-106, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-106, filed 1/11/88.

Wash. Admin. Code § 392-121-10601 Definition—Kindergarten.

As used in this chapter, "kindergarten" means an instructional program conducted pursuant to RCW 28A.150.220 for students who meet the entry age requirements pursuant to chapter 392-335 WAC.

History

Statutory Authority: RCW 28A.150.290. WSR 07-23-025, § 392-121-10601, filed 11/9/07, effective 12/10/07
WSR 95-01-013, § 392-121-10601, filed 12/8/94, effective 1/8/95.

Wash. Admin. Code § 392-121-10602 Definition—First grade.

As used in this chapter, "first grade" means an instructional program conducted pursuant to RCW 28A.150.220 for students who meet the entry age requirements pursuant to chapter 392-335 WAC.

History

Statutory Authority: RCW 28A.150.290. WSR 07-23-025, § 392-121-10602, filed 11/9/07, effective 12/10/07
WSR 95-01-013, § 392-121-10602, filed 12/8/94, effective 1/8/95.

Wash. Admin. Code § 392-121-107 Definition—Course of study.

WAC 392-121-107

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) Worksite learning - Training provided in accordance with WAC 392-410-315 and reported as provided in WAC 392-121-124.

(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.

(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.

(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.

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;

(d) 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;

(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;

(f) Enrollment for residents of the Washington state school for the deaf and the Washington state school for the blind;

(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

(h) Attendance at universities, colleges, community colleges, or technical colleges of students not earning high school credit.

History

Statutory Authority: RCW 28A.44.230, 28A.150.290, 28A.545.110, 28A.710.040, 84.52.053, and 84.52.0531. WSR 26-17-044, s 392-121-107, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-121-107, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.230.100 and chapter 28A.600 RCW. WSR 23-16-093, § 392-121-107, filed 7/31/23, effective 8/31/23. Statutory Authority: RCW 28A.150.290. WSR 16-11-104, § 392-121-107, filed 5/18/16, effective 6/18/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-107, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-107, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290. WSR 09-06-038, § 392-121-107, filed 2/25/09, effective 3/28/09
WSR 07-23-008, § 392-121-107, filed 11/8/07, effective 12/9/07. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. WSR 99-08-008 (Order 99-01), § 392-121-107, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. WSR 97-22-013 (Order 97-06), § 392-121-107, filed 10/27/97, effective 11/27/97
WSR 95-18-097, § 392-121-107, filed 9/6/95, effective 10/7/95
WSR 95-01-013, § 392-121-107, filed 12/8/94, effective 1/8/95. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-121-107, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-107, filed 1/11/88.

Wash. Admin. Code § 392-121-108 Definition—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.

(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.

History

Statutory Authority: RCW 28A.150.290. WSR 16-18-031, § 392-121-108, filed 8/26/16, effective 9/1/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-108, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-108, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290. WSR 10-12-037, § 392-121-108, filed 5/25/10, effective 6/25/10
WSR 09-01-044, § 392-121-108, filed 12/10/08, effective 1/10/09
WSR 07-23-008, § 392-121-108, filed 11/8/07, effective 12/9/07
WSR 05-19-140, § 392-121-108, filed 9/21/05, effective 10/22/05
WSR 97-22-013 (Order 97-06), § 392-121-108, filed 10/27/97, effective 11/27/97
WSR 95-01-013, § 392-121-108, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. WSR 91-02-096 (Order 50), § 392-121-108, filed 1/2/91, effective 2/2/91. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-121-108, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-108, filed 1/11/88.

Wash. Admin. Code § 392-121-111 Definitions—Student residence, resident district and nonresident district.

As used in this chapter, "student residence," "resident district" and "nonresident district" mean the same as defined in WAC 392-137-115 through 392-137-125.

History

Statutory Authority: RCW 28A.150.290. WSR 95-01-013, § 392-121-111, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-111, filed 1/11/88.

Wash. Admin. Code § 392-121-119 Definition—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 11 count dates for running start enrollment shall be the first school day of each month of October through August.

History

Statutory Authority: RCW 28A.600.390 and 2022 c 297 § 504(18). WSR 23-13-089, § 392-121-119, filed 6/16/23, effective 7/1/23. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-119, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-119, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290. WSR 97-22-013 (Order 97-06), § 392-121-119, filed 10/27/97, effective 11/27/97.

Wash. Admin. Code § 392-121-122 Definition—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) The minimum hours for all grades and transition to kindergarten programs 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 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.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-121-122, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290. WSR 17-16-162, § 392-121-122, filed 8/2/17, effective 9/2/17. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-122, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-122, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290. WSR 08-04-009, § 392-121-122, filed 1/24/08, effective 2/24/08
WSR 97-22-013 (Order 97-06), § 392-121-122, filed 10/27/97, effective 11/27/97
WSR 95-01-013, § 392-121-122, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-122, filed 1/11/88.

Wash. Admin. Code § 392-121-123 Nonstandard school year programs.

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.

(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.

History

Statutory Authority: RCW 28A.600.390 and 2022 c 297 § 504(18). WSR 23-13-089, § 392-121-123, filed 6/16/23, effective 7/1/23. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-123, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-123, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290. WSR 09-01-173, § 392-121-123, filed 12/23/08, effective 1/23/09
WSR 95-01-013, § 392-121-123, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-123, filed 1/11/88.

Wash. Admin. Code § 392-121-124 Full-time equivalent enrollment for worksite learning.

For worksite learning provided in accordance with WAC 392-410-315 or by charter schools, a student's full-time equivalent shall be determined as follows:

(1) For cooperative worksite learning experience, in accordance with WAC 392-410-315 (1)(g) and instructional worksite learning in accordance with WAC 392-410-315 (1)(f) and 296-125-043(4), divide the student's hours of work experience for the month by 100. For example: Twenty hours of cooperative work experience equals two tenths of a full-time equivalent (20 ÷ 100 = 0.20). Enrollment exclusions in WAC 392-121-108 apply to worksite learning enrolled hours.

(2) Estimated or scheduled hours of cooperative worksite learning experience may be used in determining a student's full-time equivalent on an enrollment count date: Provided, That the combined monthly hours reported for the school year shall not exceed the student's actual hours of cooperative worksite learning experience documented on the student's work records and maintained by the school district or charter school for audit purposes.

(3) Worksite learning provided as part of a state-approved vocational education course qualifies for enhanced vocational funding and may be included in determining a student's vocational full-time equivalent enrollment.

(4) Preparatory worksite learning provided as part of a state-approved skill center program qualifies for enhanced skill center vocational funding and may be included in determining a student's skill center vocational full-time equivalent enrollment.

(5) No more than 360 hours of cooperative worksite learning may be claimed for funding for each credit a student pursues as reported on the student's transcript. No more than 180 hours of instructional worksite learning may be claimed for funding for each credit a student pursues as reported on the student's transcript.

(6) Funding may be claimed only for worksite learning hours that occur after the worksite learning plan, worksite agreement, program orientation and new employee orientation, as defined in WAC 392-410-315, are completed.

History

Statutory Authority: RCW 28A.230.100 and chapter 28A.600 RCW. WSR 23-16-093, § 392-121-124, filed 7/31/23, effective 8/31/23. Statutory Authority: RCW 28A.150.305. WSR 16-14-031, § 392-121-124, filed 6/27/16, effective 7/28/16. Statutory Authority: RCW 28A.150.305, 28A.150.290. WSR 16-06-124, § 392-121-124, filed 3/2/16, effective 4/2/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-124, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-124, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290. WSR 07-23-026, § 392-121-124, filed 11/9/07, effective 12/10/07
WSR 04-14-068, § 392-121-124, filed 7/2/04, effective 9/1/04
WSR 98-07-060 (Order 98-03), § 392-121-124, filed 3/17/98, effective 4/17/98.

Wash. Admin. Code § 392-121-133 Definition—Annual 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.

(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.

History

Statutory Authority: RCW 28A.150.290. WSR 17-16-162, § 392-121-133, filed 8/2/17, effective 9/2/17. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-133, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290. WSR 09-03-052, § 392-121-133, filed 1/13/09, effective 2/13/09
WSR 97-22-013 (Order 97-06), § 392-121-133, filed 10/27/97, effective 11/27/97. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. WSR 91-02-096 (Order 50), § 392-121-133, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-133, filed 1/11/88.

Wash. Admin. Code § 392-121-136 Limitation 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 FTE.

(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 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 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.

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, 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.

History

Statutory Authority: RCW 28A.150.290 and 28A.175.115. WSR 22-15-119, § 392-121-136, filed 7/20/22, effective 8/20/22. Statutory Authority: RCW 28A.150.290. WSR 17-16-162, § 392-121-136, filed 8/2/17, effective 9/2/17. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-136, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-136, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290(1). WSR 10-13-020, § 392-121-136, filed 6/4/10, effective 7/5/10. Statutory Authority: RCW 28A.150.290. WSR 09-01-172, § 392-121-136, filed 12/23/08, effective 1/23/09
WSR 08-04-010, § 392-121-136, filed 1/24/08, effective 2/24/08
WSR 97-22-013 (Order 97-06), § 392-121-136, filed 10/27/97, effective 11/27/97
WSR 95-01-013, § 392-121-136, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. WSR 91-02-096 (Order 50), § 392-121-136, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-136, filed 1/11/88.

Wash. Admin. Code § 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 in a kindergarten program and is provided special education services in addition to the kindergarten program.

(4) A student with a disability and enrolled in a transition to kindergarten program may be counted for transition to kindergarten funding.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-121-137, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290. WSR 17-16-162, § 392-121-137, filed 8/2/17, effective 9/2/17. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-137, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-06-038, § 392-121-137, filed 2/25/09, effective 3/28/09
WSR 97-22-013 (Order 97-06), § 392-121-137, filed 10/27/97, effective 11/27/97
WSR 95-01-013, § 392-121-137, filed 12/8/94, effective 1/8/95.

Wash. Admin. Code § 392-121-138 Full-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.

History

Statutory Authority: RCW 28A.150.290. WSR 08-04-011, § 392-121-138, filed 1/24/08, effective 2/24/08
WSR 98-07-060, § 392-121-138, filed 3/17/98, effective 4/17/98
WSR 95-01-013, § 392-121-138, filed 12/8/94, effective 1/8/95.

Wash. Admin. Code § 392-121-139 Full-time equivalent enrollment for paid work experience for elective credit.

For paid work experience for elective credit provided under WAC 392-410-316 or by charter schools, a student's full-time equivalent shall be determined as follows:

(1) For paid work experience, in accordance with WAC 392-410-316, divide the student's actual hours of work experience for the month by 100. For example, 20 hours of paid work experience equals 0.20 (two-tenths) of a full-time equivalent (20 ÷ 100 = 0.20).

(2) Actual hours of paid work experience shall be reported monthly provided no student's total monthly enrollment exceeds the limitations under WAC 392-121-136 and the annual average enrollment under WAC 392-121-123. The student's actual hours of paid work experience must be documented and maintained by the school district or charter school for audit purposes.

(3) No more than 360 hours of paid work experience may be claimed for funding for each credit a student pursues as reported on the student's transcript. A maximum of two elective credits may be earned through paid work experience calculated in accordance with this subsection.

(4) Funding may be claimed only for paid work experience hours that occur as part of a school monitored placement scheduled as part of the student's school day. A minimum per term hour verification is required, and should be completed by an employee of the district possessing a valid Washington state secondary education teaching certificate (under chapter 181-79A or 181-77 WAC).

History

Statutory Authority: RCW 28A.230.100 and chapter 28A.600 RCW. WSR 23-16-093, § 392-121-139, filed 7/31/23, effective 8/31/23.

Wash. Admin. Code § 392-121-182 Alternative 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 is enrolled in grades K-12;

(d) The student's residence must be in Washington state as provided in WAC 392-137-115; and

(e) 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 through 28A.225.230 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, 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, 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 20 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, 27 hours and 45 minutes each week (1,665 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 1,665 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.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-121-182, filed 6/28/24, effective 7/29/24. Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-121-182, filed 7/10/20, effective 8/10/20. Statutory Authority: RCW 28A.150.290, 28A.710.220, 28A.232.010, and 28A.150.315. WSR 18-19-040, § 392-121-182, filed 9/13/18, effective 10/14/18
WSR 18-10-045, § 392-121-182, filed 4/26/18, effective 5/27/18. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-182, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 15-03-056, § 392-121-182, filed 1/14/15, effective 2/14/15. Statutory Authority: RCW 28A.150.290(1). WSR 13-22-076, § 392-121-182, filed 11/5/13, effective 12/6/13. Statutory Authority: RCW 28A.150.305. WSR 12-17-107, § 392-121-182, filed 8/20/12, effective 9/20/12. Statutory Authority: 2011 c 34 § 2(5). WSR 11-17-147, § 392-121-182, filed 8/24/11, effective 9/1/11. Statutory Authority: RCW 28A.150.305. WSR 11-12-022, § 392-121-182, filed 5/24/11, effective 9/1/11. Statutory Authority: RCW 28A.150.290. WSR 09-06-038, § 392-121-182, filed 2/25/09, effective 3/28/09. Statutory Authority: RCW 28A.150.290 and 2005 c 356. WSR 05-13-154, § 392-121-182, filed 6/21/05, effective 7/22/05. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. WSR 99-08-008 (Order 99-01), § 392-121-182, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. WSR 95-18-097, § 392-121-182, filed 9/6/95, effective 10/7/95
WSR 95-01-013, § 392-121-182, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. WSR 91-02-096 (Order 50), § 392-121-182, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-182, filed 1/11/88.

Wash. Admin. Code § 392-121-184 Running start program requirements.

The provisions of this chapter shall govern the substantiation of claims for running start program basic education allocation moneys to the extent the provisions of this chapter supplement and do not conflict with the provisions of chapter 392-169 WAC.

History

Statutory Authority: RCW 28A.150.290. WSR 95-01-013, § 392-121-184, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.600.390. WSR 91-08-038 (Order 91-07), § 392-121-184, filed 3/29/91, effective 4/29/91.

Wash. Admin. Code § 392-121-187 Technical college direct-funded enrollment.

WAC 392-121-187

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.

(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 21 years of age at the beginning of the school year. For students receiving special education services, those who are under the age of 22 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 392-121-182 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 300 annual average full-time equivalent students shall be at the incremental rate generated by students in excess of 60 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 392-122-106 through 392-122-165 based on average handicapped enrollments and the school district's average allocation per handicapped student in each handicapping category.

| | December | 30% | | --- | --- | --- | | | March | 30% | | | June | 20% | | | August | 20% |

History

Statutory Authority: 2025 c 256, RCW 28A.150.290, 28A.150.305, 28A.175.115, 28A.300.072, and 28A.710.040. WSR 26-17-047, s 392-121-187, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.305. WSR 13-02-004, § 392-121-187, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.150.290. WSR 09-06-038, § 392-121-187, filed 2/25/09, effective 3/28/09
WSR 94-17-096, § 392-121-187, filed 8/17/94, effective 9/17/94.

Wash. Admin. Code § 392-121-188 Instruction provided under contract.

School districts have general authority to contract for the services of individuals to provide instruction, subject to applicable state and federal laws and local collective bargaining agreements. School districts also have authority to enter into interdistrict cooperative agreements for instructional services with other school districts under RCW 28A.225.250. However, when a school district contracts with an entity other than a school district and that entity employs staff to provide basic education instruction claimed by the school district for state basic education funding, the requirements of this section also apply. Instruction provided by such an entity (hereafter called the contractor) may be counted as a course of study and claimed by the school district for state funding if the following requirements are met:

(1) The school district board of directors in accordance with RCW 28A.320.015 adopts a resolution that concludes it is in the best interest of the students to expand the options available by providing an appropriate basic education program pursuant to the contract and sets forth the rationale in support of the conclusion. A board adopted resolution is not required for online courses purchased by the school district from an online provider approved by the superintendent of public instruction under RCW 28A.250.020;

(2) The school district retains full responsibility for compliance with all state and federal laws;

(3) The contractor complies with all relevant state and federal laws that are applicable to the school district;

(4) The contractor provides instruction free of sectarian or religious influence or control;

(5) The contractor charges the student no tuition for enrollment;

(6) Enrollment is voluntary;

(7) No student or person is unlawfully excluded from participation on the grounds of sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal, or marital status;

(8) Each student is enrolled in the school district reporting the enrollment and each high school student is working toward course credits which satisfy high school graduation requirements;

(9) If the contractor is a state higher education institution, a state funded education center, or any other state funded entity, the contractor is not claiming enrollment of the student or receiving direct state support for the contracted instruction reported pursuant to this section;

(10) The curriculum is approved by the district. District approval for online course curriculum is not required for online courses offered by an online provider approved by the superintendent of public instruction under RCW 28A.250.020;

(11) The contractor provides enrollment reports to the school district that comply with this chapter;

(12) The contractor maintains and has available for audit or review by the school district, state, or federal authorities documentation of enrollment, hours of instructional activity participated in by the students, personnel data, and financial data including all revenues and expenditures pertaining to the contract with the school district;

(13) As of October 1st, if a contractor certificated employee employed by a contractor other than an institution of higher education spends more than twenty-five percent of a full-time equivalent time with students for a given school district, the school district must report the individual contractor certificated employee as required by the SPI annual personnel reporting system for calculation of state funding, staff ratios and statistics;

(14) The school district and contractor execute a written contract which is consistent with this section, and which sets forth the duties of the contractor in detail sufficient to hold the contractor accountable to the school district. School districts that purchase online courses through the online course catalog provided by the office of superintendent of public instruction are exempt from this provision;

(15) The school district and contractor establish a process for periodic monitoring by the school district for compliance with this section and other terms of the contract between the school district and contractor. School districts that purchase online courses through the online course catalog provided by the office of superintendent of public instruction are exempt from this provision;

(16) Contracts for services for students with disabilities shall comply with WAC 392-172A-04085 and 392-172A-04090;

(17) Full-time equivalent enrollment reported for students served under a contract with a higher education institution shall be based on the number of hours of instruction meeting the criteria in WAC 392-121-107 (1)(a) provided by staff of the higher education institution under the contract. This section does not apply to running start enrollment, which is governed by chapter 392-169 WAC or at-risk programs meeting the standards of subsection (18) of this section; and

(18) Full-time equivalent enrollment reported for students served under contract with a community or technical college as defined in RCW 28B.50.030 shall be based on the credits generated by the student consistent with WAC 392-169-025 if the program meets the following standards:

(a) The student is earning credits applicable to a high school diploma.

(b) The program is focused on serving credit deficient students.

(i) The students have already dropped out of high school; or

(ii) The students have not demonstrated success in the traditional high school environment.

(19) The school district requires the contractor to clearly state in all of the contractor's advertising, publicity, or public statements regarding the contracted service that the service is being offered by the school district under contract.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-188, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.305. WSR 13-21-024, § 392-121-188, filed 10/7/13, effective 11/7/13
WSR 12-17-111, § 392-121-188, filed 8/20/12, effective 9/20/12. Statutory Authority: RCW 28A.150.290. WSR 09-06-038, § 392-121-188, filed 2/25/09, effective 3/28/09
WSR 07-23-024, § 392-121-188, filed 11/9/07, effective 12/10/07. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. WSR 99-08-008 (Order 99-01), § 392-121-188, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. WSR 95-18-097, § 392-121-188, filed 9/6/95, effective 10/7/95
WSR 95-01-013, § 392-121-188, filed 12/8/94, effective 1/8/95.

Wash. Admin. Code § 392-121-1885 Instruction provided under contract by charter schools.

Charter schools are authorized to enter into contracts with any school district, educational service district, or other public or private entity for the provision of educational instructional services to the same extent as other noncharter public schools, as long as the charter school board maintains oversight authority over the charter school. When a charter school contracts with an entity other than a school district and that entity employs staff to provide basic education instruction claimed by the charter school for state basic education funding, the requirements of this section also apply. Instruction provided by such an entity (hereafter called the contractor) may be counted as a course of study and claimed by the charter school for state funding if the following requirements are met:

(1) The charter school retains full responsibility for compliance with all state and federal laws;

(2) The charter school complies with all relevant state and federal laws that are applicable to charter schools;

(3) The contractor provides instruction free of sectarian or religious influence or control;

(4) The contractor charges the student no tuition for enrollment;

(5) No student or person is unlawfully excluded from participation on the grounds of sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal, or marital status;

(6) Each student is enrolled in the charter school reporting the enrollment and each high school student is working toward course credits which satisfy high school graduation requirements;

(7) If the contractor is a state higher education institution, a state funded education center, or any other state funded entity, the contractor is not claiming enrollment of the student or receiving direct state support for the contracted instruction reported pursuant to this section;

(8) The curriculum is approved by the charter school. Approval for online course curriculum is not required for online courses offered by an online provider approved by the superintendent of public instruction under RCW 28A.250.020;

(9) The contractor provides enrollment reports to the charter school that comply with this chapter;

(10) The contractor maintains and has available for audit or review by the charter school, charter school authorizer, and state or federal authorities documentation of enrollment, hours of instructional activity participated in by the students, personnel data, and financial data including all revenues and expenditures pertaining to the contract with the charter school;

(11) As of October 1st, if a contractor certificated employee employed by a contractor other than an institution of higher education spends more than twenty-five percent of a full-time equivalent time with students for a given charter school, the charter school must report the individual contractor certificated employee as required by the SPI annual personnel reporting system for calculation of state funding, staff ratios and statistics;

(12) The charter school and contractor execute a written contract which is consistent with this section, and which sets forth the duties of the contractor in detail sufficient to hold the contractor accountable to the charter school. Charter schools that purchase online courses through the online course catalog provided by the office of superintendent of public instruction are exempt from this provision;

(13) The charter school and contractor establish a process for periodic monitoring by the charter school and charter school authorizer for compliance with this section and other terms of the contract between the charter school and contractor. Charter schools that purchase online courses through the online course catalog provided by the office of superintendent of public instruction are exempt from this provision;

(14) Contracts for services for students with disabilities shall comply with WAC 392-172A-04085 and 392-172A-04090;

(15) Full-time equivalent enrollment reported for students served under a contract with a higher education institution shall be based on the number of hours of instruction meeting the criteria in WAC 392-121-107 (1)(a) provided by staff of the higher education institution under the contract. This section does not apply to running start enrollment, which is governed by chapter 392-169 WAC; and

(16) The charter school requires the contractor to clearly state in all of the contractor's advertising, publicity, or public statements regarding the contracted service that the service is being offered by the charter school under contract.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-1885, filed 8/28/15, effective 9/28/15.

Wash. Admin. Code § 392-121-200 Definition—Certificated employee.

As used in this chapter, "certificated employee" means:

(1) A person who holds a professional education certificate issued by the superintendent of public instruction and who is employed by a school district or charter school in a position for which such certificate is required by statute, rule of the professional educator standards board, or written policy or practice of the employing school district; or

(2) A superintendent or a person hired to fill a position designated as, or which is, in fact, deputy superintendent or assistant superintendent; or

(3) A charter school's lead administrator or a person hired to fill a position as the lead administrator's deputy administrator or assistant administrator.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-200, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1). WSR 06-19-045, § 392-121-200, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-200, filed 1/11/88.

Wash. Admin. Code § 392-121-201 Definition—Contractor certificated employee.

As used in this chapter, "contractor certificated employee" means a person who holds a professional education certificate issued by the superintendent of public instruction and who is employed by a contractor as defined in WAC 392-121-188 or 392-121-1885 in a position for which such certificate is required.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-201, filed 8/28/15, effective 9/28/15. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. WSR 99-08-008 (Order 99-01), § 392-121-201, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. WSR 95-21-096 (Order 95-09), § 392-121-201, filed 10/18/95, effective 11/18/95.

Wash. Admin. Code § 392-121-205 Definition—District certificated instructional employee.

As used in this chapter, "district certificated instructional employee" means any school district or charter school certificated employee who is employed in whole or part as one or more of the following:

(1) An elementary, secondary or other teacher who instructs pupils in classes or courses;

(2) An educational staff associate who assists, evaluates, counsels, or instructs students in a manner consistent with the employee's educational staff associate certificate; or

(3) Other certificated staff assigned to the 300 or 400 series duty codes as defined in the S-275 personnel reporting instructions.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-205, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. WSR 02-22-065, § 392-121-205, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290. WSR 95-21-096 (Order 95-09), § 392-121-205, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-205, filed 1/11/88.

Wash. Admin. Code § 392-121-206 Definition—Contractor certificated instructional employee.

As used in this chapter, "contractor certificated instructional employee" means a contractor certificated employee who:

(1) Is employed by a contractor, pursuant to WAC 392-121-188 or 392-121-1885, to serve students claimed for basic education funding by a school district or charter school; and

(2) Is employed as one or both of the following:

(a) An elementary, secondary or other teacher who instructs pupils in classes or courses; or

(b) An educational staff associate who assists, evaluates, counsels, or instructs students in a manner consistent with the employee's educational staff associate certificate.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-206, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. WSR 02-22-065, § 392-121-206, filed 11/1/02, effective 12/2/02. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. WSR 99-08-008 (Order 99-01), § 392-121-206, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. WSR 95-21-096 (Order 95-09), § 392-121-206, filed 10/18/95, effective 11/18/95.

Wash. Admin. Code § 392-121-210 Definition—Basic education certificated instructional employee.

As used in this chapter, "basic education certificated instructional employee" means a district or charter school certificated instructional employee or a contractor certificated instructional employee assigned in whole or in part to the following programs as defined in the accounting manual for public school districts in the state of Washington:

(1) 01 Basic Education;

(2) 02 Basic Education-Alternative Learning Experience;

(3) 03 Basic Education-Dropout Reengagement;

(4) 31 Vocational, Basic, State;

(5) 34 Middle School Career and Technical Education-State;

(6) 45 Skills Center, Basic, State; and

(7) 97 District-wide Support.

History

Statutory Authority: RCW 28A.150.290(1). WSR 16-14-109, § 392-121-210, filed 7/6/16, effective 8/6/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-210, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1). WSR 11-21-065, § 392-121-210, filed 10/17/11, effective 11/17/11. Statutory Authority: RCW 28A.150,290 [28A.150.290], 28A.505.140. WSR 01-08-048, § 392-121-210, filed 3/30/01, effective 4/30/01. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. WSR 99-08-008 (Order 99-01), § 392-121-210, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. WSR 95-21-096 (Order 95-09), § 392-121-210, filed 10/18/95, effective 11/18/95
WSR 92-23-044 (Order 92-15), § 392-121-210, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-210, filed 1/11/88.

Wash. Admin. Code § 392-121-212 Definition—Full-time equivalent (FTE) certificated instructional staff.

As used in this chapter, "full-time equivalent (FTE) certificated instructional staff" means the number of staff units determined as follows:

(1) Each employee of the school district or charter school who, as of October 1 of the school year, is contracted to provide services as a certificated instructional employee for not less than 180 full work days shall be counted as one FTE.

(2) Each employee of the school district or charter school who, as of October 1 of the school year, is contracted to provide services for 180 partial days as a certificated instructional employee shall be counted as a partial FTE, such part to be the quotient rounded to three decimal places obtained by dividing that part of the day worked by the full day as determined by the district or charter school.

(3) Each employee of the school district or charter school who, as of October 1 of the school year, is contracted to provide services for less than 180 full work days as a certificated instructional employee shall be counted as a partial FTE, such part to be the quotient rounded to three decimal places obtained by dividing the number of work days contracted for by 180: Provided, That if the normal annual full-time contract for the position exceeds 180 work days, the greater number of work days normally contracted shall be used as the divisor.

(4) Each employee of the school district or charter school who, as of October 1 of the school year, is contracted to provide services for less than 180 partial days as a certificated instructional employee shall be counted as a partial FTE, such part to be the quotient rounded to three decimal places obtained by dividing the part of the day worked by the full day as determined by the district or charter school and then multiplying the result by the ratio of work days contracted for by 180: Provided, That if the normal annual full-time contract for the position exceeds 180 work days, the greater number of work days normally contracted shall be used in place of 180 in the ratio.

(5) No employee shall be counted as more than one full-time equivalent certificated staff unit.

(6) The length of a full work day as used in this section shall be determined by the district or charter school.

(7) As used in this section, contracts to provide services as a certificated instructional employee shall exclude supplemental contract services as defined under RCW 28A.400.200(4).

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-212, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. WSR 02-22-065, § 392-121-212, filed 11/1/02, effective 12/2/02.

Wash. Admin. Code § 392-121-215 Definition—Full-time equivalent (FTE) basic education certificated instructional staff.

As used in this chapter, "full-time equivalent (FTE) basic education certificated instructional staff" means the number of staff units determined as follows:

(1) Each employee of the school district or charter school who, as of October 1 of the school year, is contracted to provide services as a basic education certificated instructional employee for not less than 180 full work days shall be counted as one FTE.

(2) Each employee of the school district or charter school who, as of October 1 of the school year, is contracted to provide services for 180 partial days as a basic education certificated instructional employee shall be counted as a partial FTE, such part to be the quotient to three decimal places obtained by dividing that part of the day worked by the full day as determined by the district or charter school.

(3) Each employee of the school district or charter school who, as of October 1 of the school year, is contracted to provide services for less than 180 full work days as a basic education certificated instructional employee shall be counted as a partial FTE, such part to be the quotient rounded to three decimal places obtained by dividing the number of work days contracted for by 180: Provided, That if the normal annual full-time contract for the position exceeds 180 work days, the greater number of work days normally contracted shall be used as the divisor.

(4) Each employee of the school district or charter school who, as of October 1 of the school year, is contracted to provide services for less than 180 partial days as a basic education certificated instructional employee shall be counted as a partial FTE, such part to be the quotient rounded to three decimal places obtained by dividing the part of the day worked by the full day as determined by the district or charter school and then multiplying the result by the ratio of work days contracted for to 180: Provided, That if the normal annual full-time contract for the position exceeds 180 work days, the greater number of work days normally contracted shall be used in place of 180 in the ratio.

(5) No employee shall be counted as more than one full-time equivalent basic education certificated staff unit.

(6) The length of a full work day as used in this section shall be determined by the district or charter school.

(7) As used in this section, contracts to provide services as a basic education certificated instructional employee shall exclude supplemental contract services as defined under RCW 28A.400.200(4).

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-215, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. WSR 02-22-065, § 392-121-215, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290. WSR 95-21-096 (Order 95-09), § 392-121-215, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-215, filed 1/11/88.

Wash. Admin. Code § 392-121-217 Definition—Institutional education certificated instructional employee—Full-time equivalent institutional education certificated instructional staff.

As used in this chapter, "institutional education certificated instructional employee" and "full-time equivalent institution education certificated instructional staff" means a certificated instructional employee and full-time equivalent of certificated instructional employees assigned to the following school district programs:

(1) 26 Special Education-Institutions-State;

(2) 56 State Institutions, Centers and Homes-Delinquent;

(3) 59 Institutions-Juveniles in Adult Jails;

or educational service district programs:

(4) 42 State Institutions;

(5) 43 State Institutions-Juveniles in Adult Jails.

History

Statutory Authority: RCW 28A.150.290(1). WSR 16-14-109, § 392-121-217, filed 7/6/16, effective 8/6/16
WSR 11-21-065, § 392-121-217, filed 10/17/11, effective 11/17/11. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. WSR 02-22-065, § 392-121-217, filed 11/1/02, effective 12/2/02.

Wash. Admin. Code § 392-121-220 Definition—S-275 reporting process.

As used in this chapter, "S-275 reporting process" means the electronic personnel reporting process which is defined annually by the superintendent of public instruction.

This reporting process shall include individuals who are known as of October 1 to be:

(1) District or charter school employees with a contract for certificated employment to provide services during the period September 1 through August 31;

(2) Classified employees, employed by the district or charter school to provide services during the period September 1 through August 31; and

(3) Contractor certificated instructional employees, contracted to provide services during the period September 1 through August 31.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-220, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. WSR 02-22-065, § 392-121-220, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290. WSR 95-21-096 (Order 95-09), § 392-121-220, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-220, filed 1/11/88.

Wash. Admin. Code § 392-121-225 Definition—Report S-275.

As used in this chapter, "Report S-275" means the alphabetic listing of certificated personnel employed by a school district or charter school on October 1 as prepared by the superintendent of public instruction from data submitted by the district or charter school through the S-275 reporting process for the school year.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-225, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 95-21-096 (Order 95-09), § 392-121-225, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-225, filed 1/11/88.

Wash. Admin. Code § 392-121-249 Definition—Accredited institution of higher education.

As used in this chapter, "accredited institution of higher education" means an institution of higher education that has been accredited by a national or regional accrediting association recognized by the Washington student achievement council and the secretary of the U.S. Department of Education pursuant to WAC 250-61-050.

History

Statutory Authority: RCW 28A.150.290(1). WSR 21-24-061, § 392-121-249, filed 11/29/21, effective 12/30/21. Statutory Authority: RCW 28A.150.290(1) and 28A.415.024. WSR 17-03-025, § 392-121-249, filed 1/6/17, effective 2/6/17. Statutory Authority: RCW 28A.150.290(1). WSR 11-21-065, § 392-121-249, filed 10/17/11, effective 11/17/11
WSR 06-19-045, § 392-121-249, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. WSR 94-01-190, § 392-121-249, filed 12/22/93, effective 1/22/94.

Wash. Admin. Code § 392-121-250 Definition—Highest degree level.

As used in this chapter, the term "highest degree level" means:

(1) The highest degree earned by the employee from an accredited institution of higher education, pursuant to WAC 392-121-249; or

(2) "Nondegreed" for a certificated instructional employee who

holds no bachelor's or higher level degree.

History

Statutory Authority: RCW 28A.150.290(1). WSR 21-24-061, § 392-121-250, filed 11/29/21, effective 12/30/21
WSR 11-21-065, § 392-121-250, filed 10/17/11, effective 11/17/11
WSR 09-15-127, § 392-121-250, filed 7/20/09, effective 8/20/09
WSR 08-08-033, § 392-121-250, filed 3/25/08, effective 4/25/08
WSR 06-19-045, § 392-121-250, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. WSR 94-01-190, § 392-121-250, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-250, filed 1/11/88.

Wash. Admin. Code § 392-121-264 Definition—Certificated years of experience.

Regardless of the experience factors used by a school district, charter school, or tribal compact school for the purposes of its salary schedule(s), as used in this chapter, the term "certificated years of experience" means the number of years of accumulated full-time and part-time certificated employment prior to the current reporting school year in the state of Washington, out-of-state, and a foreign country. School districts, charter schools, and tribal compact schools shall report all certificated years of experience including those beyond the experience limit of their salary schedule(s).

(1) Certificated employment shall be limited to employment in public or private preschools or elementary and secondary schools in positions which require certification where certification means the concurrent public professional education licensing requirements established in the state, province, country, or other governmental unit in which employment occurred and which, for the state of Washington, refers to the certificates authorized by WAC 181-79A-140 and 181-79A-142, and temporary permits authorized by WAC 181-79A-128.

(2) Years of full-time and part-time certificated employment prior to the current reporting school year are accumulated as follows:

(a) For each certificated employment which is not employment as a casual substitute pursuant to subsection (1) of this section;

(i) Determine the total number of hours, or other unit of measure, per year for an employee working full-time with each employer;

(ii) Determine the number of hours, or other unit of measure, per year with each employer, including paid leave and excluding unpaid leave;

(iii) Calculate the quotient of the hours, or other unit of measure, determined in (a)(ii) of this subsection divided by the hours, or other unit of measure, in (a)(i) of this subsection rounded to one decimal place for each year.

(b) For certificated employment as a casual substitute pursuant to subsection (1) of this section:

(i) Determine the total number of full-time equivalent substitute days per year;

(ii) Calculate the quotient of full-time equivalent days determined in (b)(i) of this subsection divided by 180 rounded to one decimal place for each year.

(i) Accumulate, for each year, certificated employment calculated in (a)(iii) and (b)(ii) of this subsection.

(ii) Determine the smaller of the result in (c)(i) of this subsection or 1.0 for each year.

(d) Determine certificated years of experience as the accumulation of all years of certificated employment calculated in (c)(ii) of this subsection and report such years rounded to one decimal place.

History

Statutory Authority: RCW 28A.150.290(1). WSR 21-24-061, § 392-121-264, filed 11/29/21, effective 12/30/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-264, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1). WSR 10-07-141, § 392-121-264, filed 3/23/10, effective 4/23/10. Statutory Authority: RCW 28A.150.290. WSR 09-06-038, § 392-121-264, filed 2/25/09, effective 3/28/09. Statutory Authority: RCW 28A.150.290(1). WSR 08-03-086, § 392-121-264, filed 1/16/08, effective 2/16/08
WSR 07-23-041, § 392-121-264, filed 11/14/07, effective 12/15/07
WSR 06-19-045, § 392-121-264, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. WSR 02-22-065, amended and recodified as § 392-121-264, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290 and chapter 28A.415 RCW. WSR 97-22-106 (Order 97-07), § 392-121-245, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. WSR 95-21-096 (Order 95-09), § 392-121-245, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. WSR 94-01-190, § 392-121-245, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-245, filed 1/11/88.

Wash. Admin. Code § 392-121-400 Apportionment of basic education moneys.

From the basic education moneys appropriated to the superintendent of public instruction, the superintendent shall allocate moneys as follows:

(1) Allocations shall be made pursuant to chapter 28A.150 RCW, the state Operating Appropriations Act, and this chapter.

(2) Allocations to school districts shall be made in twelve monthly payments during the school year pursuant to RCW 28A.510.250 to each school district operating a program approved by the state board of education.

(a) Initial monthly payments shall be based on estimates of such data as the superintendent of public instruction deems necessary to commence payment for the school year, such estimates to be submitted by school districts to the educational service districts or superintendent of public instruction on forms provided by the superintendent of public instruction. The latest date on which a school district may make changes in these data shall be the date on which the school district files its budget with the educational service district.

(b) As the school year progresses, monthly payments to school districts shall be adjusted to reflect actual full-time equivalent students enrolled, district average certificated instructional staff salary for purpose of apportionment, other school district characteristics, deductible revenues and such other data as are deemed necessary by the superintendent and reported by school districts and other governmental agencies on forms provided or approved by the superintendent of public instruction.

(3) Allocations to public charter schools shall be made pursuant to RCW 28A.710.220.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-400, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. WSR 02-22-065, § 392-121-400, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290. WSR 92-23-044 (Order 92-15), § 392-121-400, filed 11/16/92, effective 12/17/92. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-121-400, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-400, filed 1/11/88.

Wash. Admin. Code § 392-121-415 Basic education allocation—Deductible revenues.

In addition to those funds appropriated by the legislature for basic education allocation purposes, the following locally available general fund revenues shall be included in the computation of the total annual basic education allocation of each school district or charter school pursuant to RCW 28A.150.250 and 28A.150.260 and shall be deducted from payments made pursuant to WAC 392-121-400:

(1) Federal in lieu of tax payments made pursuant to RCW 84.72.020; and

(2) Proceeds from the sale of lumber, timber, and timber products on military reservations or facilities in accordance with U.S.C. §2665, Title 10, and P.L. 97-99.

(3) Local in lieu of tax payments including but not limited to payments made pursuant to RCW 35.82.210, 35.83.040, and 79.19.110.

Otherwise deductible revenues from any of the foregoing sources received by a school district due solely to the district's levy of a capital projects fund or debt service fund excess tax levy shall constitute nongeneral fund revenues and shall not be deducted in the computation of the district's annual basic education allocation for that school year.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 19-01-040, § 392-121-415, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290, 28A.710.220, 28A.232.010, and 28A.150.315. WSR 18-10-025, § 392-121-415, filed 4/24/18, effective 5/25/18. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-415, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-06-038, § 392-121-415, filed 2/25/09, effective 3/28/09. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-121-415, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. WSR 89-16-015 (Order 89-04), § 392-121-415, filed 7/21/89, effective 8/21/89. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-415, filed 1/11/88.

Wash. Admin. Code § 392-121-420 Basic education allocation—Federal forest funds.

The superintendent of public instruction shall [distribute] [allocate] federal forest fund[s pursuant] [moneys received under Title 16, section 500, United States Code and shall adjust basic education allocations in accordance with] to RCW 28A.520.020 and 28A.150.250[: Provided, That allocations of federal forest fund moneys received for school districts in Skamania County pursuant to Title 16, section 500, United States Code and section 8 of Public Law 97-243, the Mt. St. Helens National Volcanic Monument Act, and adjustments to basic education allocations for these school districts, shall be made pursuant to the Judgment and Decree entered by the United States District Court, Western District of Washington at Tacoma, on September 26, 1989, in cause number C87-676TB].

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 392-121-421 Definition—Resident student—Basic education allocation—Federal forest funds.

As used in RCW 28A.520.020, resident full-time equivalent students means full-time equivalent students as defined in WAC 392-121-122, excluding:

(1) Students enrolled in school district alternative learning experience programs who reside outside the county of the school district boundaries; and

(2) Students enrolled in charter school alternative learning experience programs who do not reside in the county in which the charter school is located.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-421, filed 8/28/15, effective 9/28/15. Statutory Authority: 2011 c 278 § 1(5). WSR 12-03-068, § 392-121-421, filed 1/12/12, effective 2/12/12.

Wash. Admin. Code § 392-121-425 Basic education allocation during strike.

Unless a school district's or charter school's program is disapproved in accordance with WAC 180-16-162 through 180-16-164, basic education allocations shall continue for the period of a strike.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-425, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-425, filed 1/11/88.

Wash. Admin. Code § 392-121-430 Kindergarten and grade one through twelve programs considered collectively—Failure to operate an approved program—Denial of apportionment.

For the purpose of this chapter, a school district's or charter school's scheduled kindergarten and grade one through twelve programs shall be considered collectively. The total program of a district or charter school may not be subdivided for the purpose of applying program approval standards. Those school days which are conducted during the period of a strike following transmittal of a notice of disapproval shall be discounted for state basic education entitlement purposes at the rate of one hundred-eightieth of the district's or charter school's basic education entitlement for the school year per school day: Provided, That kindergarten and grade one through twelve programs shall be considered separately for the purpose of computing compliance with minimum school day requirements and any loss of basic education entitlement.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-430, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-430, filed 1/11/88.

Wash. Admin. Code § 392-121-435 Transfer of basic education allocation.

The board of directors of a school district or a charter school board may request the superintendent of public instruction to pay a portion of the district's or charter school's basic education allocation to another school district, a charter school, or an educational service district. The request must be submitted on Form 1324 and must state the dollar amount of the transfer. The board can modify the dollar amount of the transfer by submitting another Form 1324 to the superintendent of public instruction. Unless the form requesting a transfer states a timeline for making the transfer, the superintendent of public instruction shall execute the transfer pursuant to the provisions of WAC 392-121-400.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-435, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 96-03-001, § 392-121-435, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 392-121-436 Emergency advance payments—School district application.

WAC 392-121-436

The board of directors of a school district or a charter school board may apply for any emergency advance on the school district's or charter school's basic education allocation. The application shall take the form of a resolution adopted by the board setting forth the following:

(1) The nature of the unforeseen condition requiring the advance;

(2) The amount requested to be advanced;

(3) The net cash and investment balance of the general fund as of the date of the resolution;

(4) A forecast of the general fund receipts, disbursements, and net cash and investment balance for each month remaining in the fiscal year;

(5) A disclosure of any existing or planned general fund revenue anticipation notes;

(6) A disclosure of any existing or planned general fund loan to or from another fund of the school district or charter school; and

(7) A written acknowledgment that funds advanced will be repaid in accordance with WAC 392-121-443, subject to approval by the superintendent of public instruction.

The application must be received by the office of the superintendent of public instruction no later than April 15th.

History

Statutory Authority: RCW 28A.150.290, 28A.510.250, and 28A.710.220. WSR 26-17-045, s 392-121-436, filed 8/12/26, effective 9/12/26
WSR 24-22-051, s 392-121-436, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-436, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.400 and 28A.150.290. WSR 90-19-040 (Order 28), § 392-121-436, filed 9/13/90, effective 10/14/90.

Wash. Admin. Code § 392-121-438 Emergency advance payments—Approval criteria.

WAC 392-121-438

The superintendent of public instruction shall approve requests for an emergency advance if the following conditions are met:

(1) The unforeseen condition causing the need for the emergency advance could not have been anticipated by a reasonably prudent person.

(2) It is probable that if the emergency advance is not made that the school district or charter school will be on:

(a) An interest-bearing, warrant-issuing basis within two months following the receipt of the resolution; and

(b) Warrant interest for at least three months from September through June.

(3) The school district or charter school shall not have:

(a) Cash investments of the general fund during the months it estimates that it would pay warrant interest except for the emergency advance; or

(b) Inter-fund loans from the general fund to any other funds during the months it estimates that it would pay warrant interest; or

Applications and payouts for apportionment advances can be processed only during the months of October through May. Advance requests shall not be approved if the superintendent of public instruction determines that the apportionment advance may result in any school district or charter school being short paid at the end of the fiscal year due to lack of appropriation of funds after considering transfer authority.

History

Statutory Authority: RCW 28A.150.290, 28A.510.250, and 28A.710.220. WSR 26-17-045, s 392-121-438, filed 8/12/26, effective 9/12/26
WSR 24-22-051, s 392-121-438, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-438, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.400 and 28A.150.290. WSR 90-19-040 (Order 28), § 392-121-438, filed 9/13/90, effective 10/14/90.

Wash. Admin. Code § 392-121-440 Emergency advance payments—Determination of amount.

The superintendent of public instruction shall calculate the emergency advance on the school district's or charter school's basic education allocation as the lesser of:

(1) The amount set forth in the school district's or charter school's resolution;

(2) An amount not to exceed ten percent of the total amount to become due and apportionable to the district or charter school from September 1 through August 31 of the school year.

(3) The highest negative monthly cash and investment balance of the general fund between the date of the resolution and May 31st of the school year less any redirection of a school district's or charter school's basic education allocation to the capital projects fund, debt service fund, or both.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-440, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-06-038, § 392-121-440, filed 2/25/09, effective 3/28/09. Statutory Authority: RCW 28A.150.400 and 28A.150.290. WSR 90-19-040 (Order 28), § 392-121-440, filed 9/13/90, effective 10/14/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-440, filed 1/11/88.

Wash. Admin. Code § 392-121-442 Emergency advance payments—Forfeiture of earnings on emergency advance.

The superintendent of public instruction shall deduct from a school district's or charter school's basic education allocation apportionment entitlement the amount of any earnings by the school district or charter school on the investment of a temporary cash surplus due to a previously obtained emergency advance.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-442, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.400 and 28A.150.290. WSR 90-19-040 (Order 28), § 392-121-442, filed 9/13/90, effective 10/14/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-442, filed 1/11/88.

Wash. Admin. Code § 392-121-443 Emergency advance payments—Repayment of advances.

WAC 392-121-443

Repayments of advances will be accomplished by a reduction in the school district's or charter school's apportionment payments. Under RCW 28A.510.250, all apportionment advances must be repaid during the apportionment year in which the funds are advanced. The repayment requirements are defined as follows:

(1) For advances received before June, at least 80 percent of the amount advanced must be repaid June 30th of the current school year, with the remaining balance repaid no later than August 31st of the current school year.

(2) In no instance can an apportionment advance be repaid and reapproved in the subsequent month.

History

Statutory Authority: RCW 28A.150.290, 28A.510.250, and 28A.710.220. WSR 26-17-045, s 392-121-443, filed 8/12/26, effective 9/12/26
WSR 24-22-051, s 392-121-443, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-443, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.400 and 28A.150.290. WSR 90-19-040 (Order 28), § 392-121-443, filed 9/13/90, effective 10/14/90.

Wash. Admin. Code § 392-121-445 Procedure for crediting portion of basic education allocation for capital purposes in school districts.

If a local school district board of directors wishes to direct a portion of the district's annual basic education allocation to the school district's capital projects fund or debt service fund pursuant to RCW 28A.150.270, the district board shall execute a resolution requesting the superintendent of public instruction to approve the transfer of a portion of that allocation to the district's capital projects fund and/or debt service fund. Such board resolutions shall specify the justification in detail and the dollar amount to be transferred to the capital projects fund and/or debt service fund. Such resolution should be received by the superintendent of public instruction on or before the tenth of the month when the transfer to the capital projects fund and/or debt service fund is to begin. Such moneys transferred to either of these funds pursuant to this section cannot be subsequently transferred to the credit of another fund.

Resolutions requesting the superintendent of public instruction to approve the transfer of a portion of the district's basic education allocation to the capital projects fund and/or the debt service fund will not be given by the superintendent of public instruction if the loss of general fund revenue to the district will result in an out-of-balance general fund budget. Any school district that would have an out-of-balance general fund budget after the potential loss of general fund revenue which would result from such a transfer of revenue shall revise the general fund budget document to be in balance following appropriate budget modification or extension procedures in order for the superintendent of public instruction to approve the resolution. A budget modification or extension may be necessary for the capital projects fund and/or debt service fund.

Upon approval of the resolution by the superintendent of public instruction, operating transfer(s) will be authorized from the general fund to the capital projects fund and/or debt service fund.

History

Statutory Authority: RCW 28A.150.270. WSR 93-04-054 (Order 93-01), § 392-121-445, filed 1/28/93, effective 2/28/93. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-121-445, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-445, filed 1/11/88.

Wash. Admin. Code § 392-121-460 Fire district allocation.

In addition to those moneys distributed for basic education purposes, school districts are entitled per RCW 52.30.020 to be reimbursed for moneys expended for the purchase of fire protection services from fire protection districts. Only school district's school plants located in a fire protection district established pursuant to Title 52 RCW shall be eligible for such moneys.

Payment to districts shall be made each July as a part of the monthly apportionment allocation.

The headcount enrollment used to compute each district's reimbursement will be as of October 1 of the school year for which the allocation is being made. The count shall be entered on forms provided to school districts by the superintendent of public instruction.

Any moneys allocated to school districts for the purpose stated in this rule and not used for this purpose shall be recovered by the superintendent of public instruction from a district's monthly apportionment allocation.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-460, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.055 and 28A.41.170. WSR 88-03-013 (Order 88-8), § 392-121-460, filed 1/11/88.

Wash. Admin. Code § 392-121-465 Formula for and distribution of state moneys for the state incentive grants for increased enrollment in vocational skills centers program.

The purpose of this section is to establish policies and procedures for the calculation and distribution of state incentive moneys to school districts and, if appropriate, public charter schools increasing their enrollments in vocational skills centers.

(1) As used in this section, the term "average annual full-time equivalent students" or AAFTE shall be defined as that term is defined in WAC 392-121-133(1).

(2) Enrollment used in this calculation shall be the AAFTE reported in the form and by the deadline required by the superintendent of public instruction.

(3) A district's or, if appropriate, charter school's state incentive grants for increased enrollment in vocational skills centers shall be calculated as follows:

(a) Determine the increase in the vocational skill center AAFTE of the resident district from the base year of 2004-05 to the current year;

(b) Multiply the number of students obtained in (a) of this subsection by the per pupil allocation established and subject to the limitations in the State Operating Appropriations Act in effect at the time the apportionment is due; and

(4) As provided in the State Operating Appropriations Act in effect at the time apportionment is due, money appropriated but not spent in subsection (3) of this section shall be distributed to skills centers for increased capacity of summer vocational programs. The allocation methodology shall be based upon the skills center full-time equivalent reported enrollment from the prior October 1.

(5) The superintendent of public instruction shall apportion to districts and, if appropriate, charter schools for the state incentive grants for increased enrollment in vocational skills centers the amount calculated per district or charter school in this section in June of each year commencing June 2006.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-465, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 06-17-141, § 392-121-465, filed 8/22/06, effective 9/22/06
WSR 05-19-138, § 392-121-465, filed 9/21/05, effective 10/22/05.

Wash. Admin. Code § 392-121-500 Withholding for repayment of federal moneys—Applicable provisions.

The provisions of WAC 392-121-500 through 392-121-545 apply to the withholding of basic education allocations pursuant to chapter 103, Laws of 1990 to facilitate repayment of school district and charter school expenditures to the federal government pursuant to WAC 392-115-090 or a federal audit resolution process.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-500, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 91-14-038 (Order 91-10), § 392-121-500, filed 6/26/91, effective 7/27/91. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-500, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-505 Withholding for repayment of federal moneys—Definition—Disallowed costs.

As used in WAC 392-121-500 through 392-121-545, "disallowed costs" means the same as defined in WAC 392-115-055.

History

Statutory Authority: RCW 28A.150.290. WSR 91-14-038 (Order 91-10), § 392-121-505, filed 6/26/91, effective 7/27/91. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-505, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-510 Withholding for repayment of federal moneys—Definition—Management decision letter.

As used in WAC 392-121-500 through 392-121-545, "management decision letter" means the same as defined in WAC 392-115-070.

History

Statutory Authority: RCW 28A.150.290. WSR 91-14-038 (Order 91-10), § 392-121-510, filed 6/26/91, effective 7/27/91. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-510, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-515 Withholding for repayment of federal moneys—Definition—Acceptable repayment plan.

As used in WAC 392-121-500 through 392-121-545, "acceptable repayment plan" means a plan agreed to by the superintendent of public instruction for repayment of disallowed costs plus accrued interest as determined by the federal government.

History

Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-515, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-520 Withholding for repayment of federal moneys—Definition—Substantial impairment.

As used in WAC 392-121-500 through 392-121-545, "substantial impairment" means that after reducing the school district's or charter school's current school year basic education allocation by the amount of disallowed costs plus accrued interest the school district or charter school is likely to incur a negative unreserved general fund balance as of August 31 of the current school year and is unlikely to be able to balance the school district or charter school general fund budget for the ensuing school year without requesting the superintendent of public instruction for permission to budget receivables pursuant to WAC 392-123-060.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-520, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-520, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-525 Withholding for repayment of federal moneys—Determination of substantial impairment.

If any school district or charter school does not repay disallowed costs plus accrued interest or commit to an acceptable repayment plan within thirty calendar days of issuance of the management decision letter, the superintendent of public instruction shall determine if substantial impairment exists.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-525, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-525, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-530 Withholding for repayment of federal moneys—Notice of substantial impairment.

If the superintendent of public instruction determines pursuant to WAC 392-121-525 that substantial impairment exists, the superintendent of public instruction shall notify the school district or charter school in writing that:

(1) No withholding shall occur until such time as substantial impairment no longer exists;

(2) Unless the school district or charter school repays disallowed costs plus accrued interest or agrees to an acceptable repayment plan, the superintendent of public instruction, at least once every twelve months, or sooner at the request of the school district or charter school, shall determine if substantial impairment exists pursuant to WAC 391-121-525; and

(3) Interest will continue to accrue until the amount of disallowed costs plus accrued interest are repaid to the federal government.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-530, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-530, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-535 Withholding for repayment of federal moneys—Notice of intent to withhold basic education allocations.

If the superintendent of public instruction determines pursuant to WAC 392-121-525 that substantial impairment does not exist, the superintendent of public instruction shall notify the school district or charter school in writing of intent to withhold basic education allocations.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-535, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-535, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-540 Withholding for repayment of federal moneys—Withholding of basic education allocations.

If the school district or charter school does not repay disallowed costs plus accrued interest or commit to an acceptable repayment plan within thirty calendar days of the notice provided pursuant to WAC 392-121-535, the superintendent of public instruction shall withhold from the school district's or charter school's next basic education apportionment payment an amount equal to the disallowed costs plus accrued interest. After the initial withholding the superintendent of public instruction shall withhold amounts for additional interest accruing on disallowed costs.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-540, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-540, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-545 Withholding for repayment of federal moneys—Payment of withheld basic education allocations.

Moneys withheld pursuant to WAC 392-121-540 shall be restored to the school district or charter school or paid to the federal government as provided in this section.

(1) If the school district or charter school repays disallowed costs plus accrued interest to the federal government or commits to an acceptable repayment plan before the close of the state biennium in which withholding occurred the superintendent of public instruction shall restore withheld moneys to the school district's or charter school's basic education allocation.

(2) If the school district or charter school does not repay or commit to repay pursuant to subsection (1) of this section, the superintendent of public instruction shall request the legislature for reappropriation of basic education moneys for the purpose of repaying the federal government. The requested reappropriation shall include amounts for interest accruing on disallowed costs up to the anticipated date of repayment to the federal government.

(3) Upon reappropriation of moneys pursuant to subsection (2) of this section, the superintendent of public instruction shall pay an amount equal to the disallowed costs plus accrued interest to the federal government.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-545, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290 and 1990 c 103. WSR 91-07-006 (Order 44), § 392-121-545, filed 3/7/91, effective 4/7/91.

Wash. Admin. Code § 392-121-570 Vocational indirect cost limit—Applicable code provisions—Purpose—Effective date.

(1) WAC 392-121-570 through 392-121-578 define the five percent limit on indirect cost charges to school district state-funded vocational-secondary programs as required by the Biennial Operating Appropriations Act. These rules do not apply to federal vocational funding which is governed by federal policies.

(2) The purpose of these sections is to assure that state allocations for vocational education are expended by school districts and charter schools to support state vocational programs. The minimum levels defined here are not to be construed as recommended expenditure levels.

(3) These sections are effective for the 2017-18 school year and thereafter.

(4) WAC 392-121-570 through 392-121-578 also apply to program 34, with program 34 substituted wherever program 31 appears. Running start does not apply to program 34.

History

Statutory Authority: RCW 28A.150.290, 84.52.0531, and 2017 3rd sp.s. c 1. WSR 18-03-116, § 392-121-570, filed 1/19/18, effective 2/19/18. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-570, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 13-05-049, § 392-121-570, filed 2/13/13, effective 3/16/13. Statutory Authority: 2002 c 371 § 502(2) and RCW 28A.150.290. WSR 04-01-058, § 392-121-570, filed 12/11/03, effective 1/11/04.

Wash. Admin. Code § 392-121-571 Vocational indirect cost limit—Definitions.

As used in WAC 392-121-570 through 392-121-578:

(1) "Program 31" means the high school vocational-basic-state program as defined in the Accounting Manual for Public School Districts in the State of Washington.

(2) "Program 34" means the middle school vocational-basic-state program as defined in the Accounting Manual for Public School Districts in the State of Washington.

(3) "Basic allocation for vocational students" means the amount of money generated by a school district's or charter school's vocational full-time equivalent enrollment in the general apportionment formula using the state funding formula factors including the grade 4-12 staffing ratios without enhancement, and using the district's or charter school's average certificated instructional district-wide staff mix factor from the district's S-275 personnel report.

(4) "Enhancement allocation for vocational students" means the additional money above the basic allocation for vocational students generated by a school district's or charter school's vocational full-time equivalent enrollment as a result of the enhanced state vocational staffing ratio and enhanced nonemployee related cost allocation for vocational students. This enhancement shall be calculated using the district-wide or charter school's average certificated instructional staff mix factor.

(5) "Vocational running start allocation" means the amount generated in the general apportionment formula by a school district's or charter school's running start students enrolled in vocational courses in a community or technical college pursuant to chapter 392-169 WAC.

History

Statutory Authority: RCW 28A.150.290, 84.52.0531, and 2017 3rd sp.s. c 1. WSR 18-03-116, § 392-121-571, filed 1/19/18, effective 2/19/18. Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 17-01-020, § 392-121-571, filed 12/12/16, effective 12/24/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-571, filed 8/28/15, effective 9/28/15. Statutory Authority: 2002 c 371 § 502(2) and RCW 28A.150.290. WSR 04-01-058, § 392-121-571, filed 12/11/03, effective 1/11/04.

Wash. Admin. Code § 392-121-573 Vocational indirect cost limit—Calculation of minimum program 31 expenditures.

Each school district's or charter school's minimum program 31 expenditures equal the sum of the following amounts:

(1) Ninety-five percent of the total basic and vocational enhancement allocations for vocational students;

(2) Ninety-three percent of the vocational running start allocation; plus

(3) Any carryover from the prior school year allowed under WAC 392-121-578.

History

Statutory Authority: RCW 28A.150.290, 84.52.0531, and 2017 3rd sp.s. c 1. WSR 18-03-116, § 392-121-573, filed 1/19/18, effective 2/19/18. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-573, filed 8/28/15, effective 9/28/15. Statutory Authority: 2002 c 371 § 502(2) and RCW 28A.150.290. WSR 04-01-058, § 392-121-573, filed 12/11/03, effective 1/11/04.

Wash. Admin. Code § 392-121-574 Vocational indirect cost limit—Preliminary notice to school districts and charter schools below the minimum expenditure level.

(1) After the close of the school year, and before December 31, the superintendent of public instruction shall compare each school district's and charter school's program 31 expenditures for the school year as reported on the district's Report F-196 annual year end financial statements to the district's or charter school's minimum program 31 expenditures.

(2) If a district's or charter school's program 31 expenditures are less than the minimum, then the superintendent shall notify the district or charter school of the results of the calculation including any potential recovery of state funding.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-574, filed 8/28/15, effective 9/28/15. Statutory Authority: 2002 c 371 § 502(2) and RCW 28A.150.290. WSR 04-01-058, § 392-121-574, filed 12/11/03, effective 1/11/04.

Wash. Admin. Code § 392-121-576 Vocational indirect cost limit—School district requests for review and adjustment.

(1) After receiving notice of the preliminary notice pursuant to WAC 392-121-574, and before the ensuing January 15, a school district or charter school may request review and adjustment to the superintendent's calculations. The request shall be in a form prescribed by the superintendent of public instruction and shall be signed by the school district superintendent or the superintendent's designee, or the charter school lead administrator or lead administrator's designee.

(2) Grounds for review and adjustment include:

(a) Errors in the calculation; or

(b) Inaccurate school district or charter school data used in the calculation.

(3) A district or charter school requesting review and adjustment due to inaccurate school district or charter school data shall submit corrected data pursuant to the superintendent's instructions.

(4) The superintendent of public instruction shall correct any errors in the calculations or revise the school district or charter school data used in the calculations as appropriate.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-576, filed 8/28/15, effective 9/28/15. Statutory Authority: 2002 c 371 § 502(2) and RCW 28A.150.290. WSR 04-01-058, § 392-121-576, filed 12/11/03, effective 1/11/04.

Wash. Admin. Code § 392-121-578 Vocational indirect cost limit—Recovery of state allocations.

(1) At the time of the January apportionment calculations after the close of the school year, the superintendent of public instruction shall recalculate each school district's or charter school's minimum direct expenditures.

(2) If the district's or charter school's program 31 expenditures are below the minimum program 31 expenditure amount, the district or charter school shall be allowed to carry over into the ensuing school year an amount equal to up to ten percent of the minimum expenditure amount excluding any carryover from the prior school year, less recovery.

(3) The superintendent of public instruction shall recover from the district's or charter school's general apportionment allocation as a prior year adjustment an amount equal to the lesser of the district's or charter school's enhancement allocation for vocational students or the following amount:

(a) The district's or charter school's minimum program 31 expenditures; minus

(b) The district's or charter school's program 31 expenditures plus any allowable carryover.

(4) Recoveries made pursuant to this section shall be adjusted after the January apportionment calculation if revised enrollment, staff mix, or expenditure data submitted by the district or charter school and accepted by the superintendent of public instruction materially affects the district's or charter school's recovery amount.

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 17-01-020, § 392-121-578, filed 12/12/16, effective 12/24/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-121-578, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 13-05-049, § 392-121-578, filed 2/13/13, effective 3/16/13. Statutory Authority: 2002 c 371 § 502(2) and RCW 28A.150.290. WSR 04-01-058, § 392-121-578, filed 12/11/03, effective 1/11/04.

Chapter 392-122 Finance—Categorical apportionment.

Wash. Admin. Code § 392-122-005 Authority.

The authority for this chapter is RCW 28A.150.290, which authorizes the superintendent of public instruction to adopt rules and regulations for the implementation of chapter 28A.150 RCW. This chapter is further authorized under RCW 28A.710.040(5), which provides that charter schools are subject to the supervision of the superintendent of public instruction to the same extent as other public schools.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-005, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-005, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-122-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. WSR 84-13-020 (Order 84-10), § 392-122-005, filed 6/13/84.

Wash. Admin. Code § 392-122-010 Purpose.

The purpose of this chapter is to establish policies and procedures for the distribution of state moneys to school districts and charter schools for the state special education program, the institutional education program, K-3 class size, the learning assistance program, the transitional bilingual program, and the highly capable students education program.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-010, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-010, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-010, filed 1/23/91, effective 2/23/91. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-122-010, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. WSR 84-13-020 (Order 84-10), § 392-122-010, filed 6/13/84.

Wash. Admin. Code § 392-122-015 Definitions.

The following terms apply in this chapter:

(1) "Charter school" means a public school that is established in accordance with chapter 28A.710 RCW, governed by a charter school board, and operated according to the terms of a charter contract executed under chapter 28A.710 RCW.

(2) "School day" means the same as defined in WAC 392-121-033.

(3) "School year" means the same as defined in WAC 392-121-031.

(4) "Student eligible for special education services" means the same as defined in WAC 392-172A-01035.

(5) "Tribal compact school" means a school operated according to the terms of a state-tribe education compact authorized under chapter 28A.710 RCW.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-015, filed 1/26/21, effective 2/26/21.

Wash. Admin. Code § 392-122-106 State special education program—Enrollment reporting.

(1) School districts and charter schools must submit monthly special education headcount enrollment reports for students eligible for special education services to the superintendent of public instruction for the school year on Form P-223H for the purpose of calculating the special education program allocations.

(2) The count dates for the enrollment of students eligible for special education services shall be the same as specified in WAC 392-121-122.

(3) This report shall indicate the enrollment of students eligible for special education services by resident school district and serving school district.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-106, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-106, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 96-03-002, § 392-122-106, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-106, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. WSR 86-01-021 (Order 85-16), § 392-122-106, filed 12/9/85.

Wash. Admin. Code § 392-122-140 State special education program—Home and/or hospital care.

State special education program moneys shall be allocated to school districts and charter schools for students eligible for home/hospital instruction under WAC 392-172A-02100 at the maximum rate provided annually by the superintendent of public instruction for the purpose of distributing home and/or hospital care allocations.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-140, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-140, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-04-082, § 392-122-140, filed 2/3/09, effective 3/6/09
WSR 96-03-002, § 392-122-140, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-140, filed 10/2/84.

Wash. Admin. Code § 392-122-145 State special education program—Home and/or hospital care—Extended absences.

Students eligible under WAC 392-172A-02100 for home/hospital instruction shall be counted as enrolled students pursuant to WAC 392-121-106 as follows:

(1) A student who began the school year participating in classroom instruction but who has been absent and receiving home/hospital instruction may be claimed for basic education funding on Form P-223 for up to two months pursuant to WAC 392-121-108 (1)(a), provided the student returns to school prior to the end of the school year.

(2) A student eligible for special education services who receives home/hospital instruction on or before the monthly count date may be reported as an enrolled student on Form P-223H. The student may be claimed for funding for the duration of the receipt of home/hospital instruction, provided the student remains eligible for special education services.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-145, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 09-04-082, § 392-122-145, filed 2/3/09, effective 3/6/09
WSR 05-15-126, § 392-122-145, filed 7/18/05, effective 8/18/05
WSR 96-03-002, § 392-122-145, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-145, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-145, filed 10/2/84.

Wash. Admin. Code § 392-122-150 State special education program—Hospital educational program.

(1) State special education program moneys shall be allocated by the superintendent of public instruction to school districts and charter schools operating a hospital educational program for the exclusive purpose of maintaining and operating the hospital educational program.

(2) School districts and charter schools shall be allocated funds for hospital educational programs at the maximum rate provided annually by the superintendent of public instruction for the purpose of distributing hospital educational program allocations.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-150, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-150, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 96-03-002, § 392-122-150, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-150, filed 10/2/84.

Wash. Admin. Code § 392-122-155 State special education program—Board and room cost.

(1) State special education program moneys shall be allocated to school districts and charter schools for the cost of approved board and room for students eligible for special education services who are deemed in need of board and room by the superintendent of public instruction but not eligible under programs of the department of social and health services.

(2) These moneys are in lieu of transportation costs.

(3) School districts and charter schools shall be allocated moneys for board and room of students eligible for special education services at the maximum rate provided annually by the superintendent of public instruction for the purpose of distributing board and room allocations.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-155, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-155, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 96-03-002, § 392-122-155, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-155, filed 10/2/84.

Wash. Admin. Code § 392-122-160 State special education program—Reporting.

(1)(a) At such times as are designated by the superintendent of public instruction, each school district and charter school shall report the number of students eligible for special education services according to instructions provided by the superintendent of public instruction.

(b) The reported eligibility categories must be one of the categories identified in WAC 392-172A-01035.

(2) Each school district and charter school shall provide, upon request, such additional data as are necessary to enable the superintendent of public instruction to allocate and substantiate the school district's or charter school's allocation of state special education moneys.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-160, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-160, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 14-10-009, § 392-122-160, filed 4/24/14, effective 5/25/14
WSR 96-03-002, § 392-122-160, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-160, filed 10/2/84.

Wash. Admin. Code § 392-122-165 State special education program—Apportionment of state special education program moneys.

(1) From moneys appropriated by the legislature, the superintendent of public instruction shall apportion state special education program moneys to each school district and charter school based on the criteria cited in the State Operating Appropriations Act for the respective school year for state special education program allocation and on the provisions of this chapter.

(2) The superintendent of public instruction shall make payments of state special education program moneys in the same manner as provided in WAC 392-121-400.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-165, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-165, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 96-03-002, § 392-122-165, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-165, filed 1/23/91, effective 2/23/91.

Wash. Admin. Code § 392-122-166 State special education program allocation.

(1) The board of directors of a school district or charter school may request the superintendent of public instruction to pay a portion of the district's or charter school's special education allocation to another school district, charter school, or an educational service district.

(2) The request must be submitted on Form 1295 and must state the dollar amount of the transfer. The board may modify the dollar amount of the transfer by submitting another Form 1295 to the superintendent of public instruction.

(3) Unless the form requesting a transfer states a timeline for making the transfer, the superintendent of public instruction shall execute the transfer pursuant to the provisions of WAC 392-121-400.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-166, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-166, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-04-082, § 392-122-166, filed 2/3/09, effective 3/6/09
WSR 96-03-002, § 392-122-166, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 392-122-205 State institutional education program—Eligible programs.

Programs supported as state institutional education programs include those provided in the following facilities:

(1) State operatedcommunity facilities. State operated community facilities are group home facilities maintained by the division of juvenile rehabilitation of the department of children, youth, and families to house adjudicated youth twenty-four hours a day.

(2) County juvenile detention centers. A county juvenile detention center is a "detention facility" as defined in RCW 13.40.020.

(3) State long-term juvenile institution. State operated long-term juvenile institutions are facilities maintained by the division of juvenile rehabilitation of the department of children, youth, and families for the diagnosis, confinement, and rehabilitation of juveniles committed by the courts.

(4) Residential habilitation centers. Residential habilitation centers are facilities maintained by the developmental disabilities administration of the department of social and health services for care and treatment of persons with exceptional needs by reason of intellectual and developmental disabilities.

Programs providing educational services to youth in a residential habilitation center may include services provided at facilities controlled and operated by the school district providing those services.

(5) Adult jails and correctional facilities housing juveniles. Adult correctional facilities housing juveniles are facilities maintained by the state department of corrections for inmates under eighteen years of age. Adult jail facilities housing juveniles are any jail operated under the authority of chapter 70.48 RCW in which inmates under eighteen years of age are incarcerated.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-205, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 10-20-055 and 10-20-127, § 392-122-205, filed 9/27/10 and 10/5/10, effective 10/28/10 and 11/5/10
WSR 07-23-023, § 392-122-205, filed 11/9/07, effective 12/10/07
WSR 05-15-127, § 392-122-205, filed 7/18/05, effective 8/18/05
WSR 01-24-002, § 392-122-205, filed 11/21/01, effective 12/22/01. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-205, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 95-08-025, § 392-122-205, filed 3/29/95, effective 4/29/95
WSR 92-03-045 (Order 92-03), § 392-122-205, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-205, filed 10/2/84.

Wash. Admin. Code § 392-122-211 State institutional education program—Institution enrollment count dates.

Institution enrollment count dates are the fourth school day of September and the first school day of each of the ten subsequent months of the school year.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-211, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 92-03-045 (Order 92-03), § 392-122-211, filed 1/10/92, effective 2/10/92.

Wash. Admin. Code § 392-122-212 State institutional education program—Educational activity.

(1) State institutional education program educational activity must consist of the following teaching/learning experiences provided by a school district or other education provider:

(a) Instruction, testing, counseling, supervision, advising, and other services provided directly by certificated staff or by classified staff who are supervised by certificated staff.

(b) Up to one hour per day of scheduled study time if the study is in conjunction with other educational activity and if the study is monitored by educational staff who are present during the study.

(c) Up to two hours per day of individual study conducted by a student when educational staff are not present if all of the following conditions are met:

(i) The study is in pursuit of high school graduation credit; or the study is in a department of corrections facility and is in pursuit of a certificate of educational competence pursuant to RCW 28B.50.536 and chapter 131-48 WAC;

(ii) The study is part of a program of instruction defined by a certificated employee who evaluates the student's progress in that program;

(iii) The student is making progress in the program;

(iv) The study is not counted as work training experience pursuant to (d) of this subsection; and

(v) Combined individual study time and scheduled study time pursuant to (b) of this subsection claimed in determining the student's full-time equivalent pursuant to WAC 392-122-225 do not exceed two hours per day.

(d) Work based learning meeting the requirements of WAC 392-410-315: Provided, That for work based learning provided pursuant to WAC 392-410-315, a student's full-time equivalent shall be determined pursuant to WAC 392-121-124.

(2) Other education providers under this section must be:

(a) An educational service district, institution of higher education, private contractor (including charter school), or any combination thereof providing an institutional education program in an adult correctional facility operated by the department of corrections under contract with the superintendent of public instruction and the department of corrections; or

(b) An educational service district providing an institutional education program pursuant to a contract with a school district in a state operated community facility, state long-term juvenile institution, residential habilitation center, or county juvenile detention center.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-212, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 07-23-022, § 392-122-212, filed 11/9/07, effective 12/10/07
WSR 05-19-139, § 392-122-212, filed 9/21/05, effective 10/22/05. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-212, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 92-03-045 (Order 92-03), § 392-122-212, filed 1/10/92, effective 2/10/92.

Wash. Admin. Code § 392-122-220 State institutional education program—Enrolled institutional education program student.

WAC 392-122-220

A student may be counted as an enrolled institutional education program student under the following conditions:

(1)(a) The student is in a program in a department of corrections facility and is either:

(i) Under 18 years of age; or

(ii) Eighteen years of age and is continuing in the institutional education program with the permission of the department of corrections and the education provider; or

(b) The student is under 21 years of age at the beginning of the school year. For a student receiving special education services, the student is under the age of 22 at the beginning of the school year;

(i) In a residential school as defined in RCW 28A.190.020; or

(ii) Confined in a county juvenile detention center within the meaning of confinement provided in RCW 13.40.020;

(2) The student is scheduled to engage in educational activity in the institutional education program during the current week under WAC 392-122-212;

(3) During the current school year, the student has engaged in educational activity in the institutional education program provided or supervised by educational certificated staff under WAC 392-122-212; and

(4) The student does not qualify for any of the enrollment exclusions in WAC 392-122-221.

History

Statutory Authority: 2025 c 256, RCW 28A.150.290, 28A.150.305, 28A.175.115, 28A.300.072, and 28A.710.040. WSR 26-17-047, s 392-122-220, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-220, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 01-24-002, § 392-122-220, filed 11/21/01, effective 12/22/01. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-220, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 92-03-045 (Order 92-03), § 392-122-220, filed 1/10/92, effective 2/10/92.

Wash. Admin. Code § 392-122-221 State institutional education program—Enrollment exclusions.

(1) The following may not be counted as an enrolled institutional education program student:

(a) A person whose educational activity under WAC 392-122-212 has terminated.

(b) A person who has transferred to another institution, school district, or charter school.

(i) Has not engaged in educational activity under WAC 392-122-212 in the past five school days, excluding days of excused absence;

(ii) Has not engaged in educational activity in the past ten school days under WAC 392-122-212, including days of excused absence; or

(iii) Is claimed by any school district or charter school as an enrolled student eligible for state basic education support under chapter 392-121 WAC where the school district's count date occurs prior to the institution's count date for the month, except if the student is enrolled in a youth reengagement program under chapter 392-700 WAC.

(2) When the institution's count date and the school district's or charter school's count date are on the same date, institutions shall have priority for counting the student.

(3) As used in this section, "excused absence" means an absence from scheduled educational activity which certificated staff determine to be due to one or more of the following:

(a) Illness;

(b) Attendance in court; or

History

Statutory Authority: RCW 28A.150.290 and 28A.175.115. WSR 22-15-119, § 392-122-221, filed 7/20/22, effective 8/20/22. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-221, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-221, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 08-24-029, § 392-122-221, filed 11/24/08, effective 12/25/08
WSR 01-24-002, § 392-122-221, filed 11/21/01, effective 12/22/01. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-221, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 95-08-025, § 392-122-221, filed 3/29/95, effective 4/29/95
WSR 92-03-045 (Order 92-03), § 392-122-221, filed 1/10/92, effective 2/10/92.

Wash. Admin. Code § 392-122-225 State institutional education program—Institutional education full-time equivalent (FTE) students.

The sum of institutional education full-time equivalent (FTE) students on an enrollment count date shall be determined as follows:

(1) 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.

(2) 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.

(3) In determining a student's FTE, educational activity under WAC 392-122-212 may include up to ten minutes of class transition time between classes but shall not include time for meals.

(4) No student shall be counted as more than one FTE.

(5) The school district's annual average full-time equivalent for institutional education students shall be the average of institutional education FTE students on the eleven institution enrollment count dates of the school year.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-225, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 17-16-162, § 392-122-225, filed 8/2/17, effective 9/2/17. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-225, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 92-03-045 (Order 92-03), § 392-122-225, filed 1/10/92, effective 2/10/92.

Wash. Admin. Code § 392-122-228 Alternative learning experiences for juvenile students incarcerated in adult jail facilities.

(1) General.

(a) This section provides an alternative method of determining full-time equivalent enrollment and claiming state funding for public school learning experiences that are:

(i) Individual courses of study for students in adult jail facilities housing juveniles;

(ii) Supervised, monitored, assessed, and evaluated by school staff. As used in this section, "school staff" means certificated instructional staff of the school district according to the provisions of chapter 181-82 WAC, or a contractor pursuant to WAC 392-121-188;

(iii) Provided in accordance with a written alternative learning experience plan that is implemented pursuant to the school district board's policy for alternative learning experiences; and

(iv) Provided in whole or part, outside the regular classroom setting, including those learning experiences provided digitally via the internet or other electronic means.

(b) This section sets forth the standards, procedures, and requirements for state funded alternative learning experiences for juvenile students incarcerated in adult jail facilities. This section is not intended to prevent or limit alternative education programs provided by a school district with federal or local resources.

(2) Requirements. An alternative learning experience for a juvenile student incarcerated in adult jail facilities may be counted as a course of study pursuant to WAC 392-121-107 if the alternative learning experience meets the requirements of this section.

(3) School district board policies for alternative learning experiences. The board of directors of a school district claiming state funding for alternative learning experiences for juvenile students incarcerated in adult jail facilities shall adopt and annually review written policies for each alternative learning experience program and program provider that:

(a) Require a written plan for each student participating in an alternative learning experience for juvenile students incarcerated in adult jail facilities that meets the minimum criteria pursuant to subsection (5) of this section;

(b) Describe how student performance will be supervised, monitored, assessed, evaluated, and recorded by school staff. Such description shall include methods for periodic grade reporting, if different from existing school district policy;

(c)(i) Require each juvenile student who is incarcerated in an adult jail facility and enrolled in an alternative learning experience to have direct personal contact with school staff at least weekly, until the student completes the course objectives or the requirements of the learning plan.

(ii) Such direct personal contact must be for a period not less than thirty minutes per week.

(iii) Direct personal contact shall be for the purposes of instruction, review of assignments, testing, reporting of student progress, or other learning activities.

(iv) Direct personal contact must be a face-to-face meeting with the student;

(d) Require that each student's educational progress be reviewed at least monthly and that the results of each review be communicated to the student;

(e)(i) Designate one or more school district official(s) responsible for approving specific alternative learning experience programs or courses, monitoring compliance with this section, and reporting at least annually to the school district board of directors on the program.

(ii) The annual report shall include at least the following:

(A) Documentation of alternative learning experience student headcount and full-time equivalent enrollment claimed for basic education funding;

(B) A description of how certificated and classified staff are assigned program management and instructional responsibilities that maximize student learning, including the ratio of certificated instructional staff to full-time equivalent students;

(C) A description of how a written student learning plan pursuant to subsection (5) of this section, is developed, and student performance supervised and evaluated, by certificated staff;

(D) A description of how the program supports the district's overall goals and objectives for student academic achievement; and

(E) Results of any self-evaluations conducted pursuant to subsection (8) of this section.

(f) Satisfy the office of superintendent of public instruction's requirements for courses of study and equivalencies under chapter 392-410 WAC; and

(g) For alternative learning experience courses offering credit, or for alternative learning experience programs issuing a high school diploma, satisfy the state board of education's high school graduation requirements under chapter 180-51 WAC.

(4) Alternative learning experience implementation standards.

(a) Alternative learning experiences shall be accessible to all juveniles incarcerated in adult jail facilities, including those with disabilities. Alternative learning experiences for students eligible for special education services shall be provided in accordance with chapter 392-172A WAC.

(b) It is the responsibility of the school district or school district contractor to ensure that enrolled juvenile students incarcerated in adult jail facilities have all curricula, course content, instructional materials, and other learning resources essential to successfully complete the requirements of the written student learning plan.

(c) Contracting for alternative learning experiences shall be subject to the provisions of WAC 392-121-188 and RCW 28A.150.305.

(d)(i) The school district shall institute reliable methods to verify a student is doing his or her own work. The methods may include proctored examinations or projects, including the use of web cams or other technologies.

(ii) Proctored examinations or projects must be directly monitored by an adult authorized by the school district.

(e) A school district alternative learning experience for juvenile students incarcerated in adult jail facilities may make use of digital and/or online curricula, and may be delivered over the internet or using other electronic means.

(f) A school district alternative learning experience for juvenile students incarcerated in adult jail facilities may include participation by students and parents in the design and implementation of a student's learning experience.

(5) Written student learning plan.

(a) Each juvenile student incarcerated in an adult jail facility who is enrolled in an alternative learning experience course of study shall have a written student learning plan designed to meet the student's individual educational needs. The written student learning plan may be developed in partnership with the student, with recognition that school staff has the primary responsibility and accountability for the plan, including supervision and monitoring, and evaluation and assessment of the student's progress.

(b) The written student learning plan shall include, but not be limited to, the following elements:

(i) A beginning and ending date for the learning experience;

(ii) An estimate of the average number of hours per week that the student will engage in learning activities to meet the requirements of the student learning plan. This estimate may be used in reporting enrollment in compliance with subsection (6) of this section and must be based upon the criteria in subsection (7) of this section;

(iii) A description of how weekly contact requirements will be fulfilled;

(iv) A description of the specific learning goals and performance objectives of the alternative learning experience. This requirement may be met through the use of course syllabi or other similarly detailed descriptions of learning requirements. The description shall clearly identify the requirements a student must meet to successfully complete the course or program;

(v) Identification of instructional materials essential to successful completion of the learning plan; and

(vi) A description of the timelines and methods for evaluating student progress toward the learning goals and performance objectives specified in the learning plan.

(c)(i) The written student learning plan shall identify whether the alternative learning experience meets one or more of the state essential academic learning requirements or any other academic goals, objectives, and learning requirements defined by the school district.

(ii) For a high school alternative learning experience, the plan shall also specify whether the experience meets state and district graduation requirements.

(6) Enrollment reporting. The full-time equivalency of juvenile students incarcerated in adult jail facilities who are enrolled in alternative learning experience programs shall be determined as follows:

(a) Using the definition of full-time equivalent student in WAC 392-122-225(1) and the estimated average weekly hours of learning activity described in the written student learning plan on the first enrollment count date on or after the start date specified in the written student learning plan; and

(b) The enrollment count shall exclude students meeting the definition of enrollment exclusions in WAC 392-121-108 or students who have not had direct personal contact with school staff for ten consecutive school days. Any such student shall not be counted as an enrolled student until the student has met with appropriate school staff and resumed participation in his or her alternative learning experience or participated in another course of study as defined in WAC 392-121-107.

(7) Accountability for student performance.

(a) At minimum, juvenile students incarcerated in adult jails who are enrolled in alternative learning experiences shall have their educational performance evaluated according to the following process and schedule:

(i) Each student's educational progress shall be reviewed at least once per month. The progress review shall be based on the learning goals and performance objectives defined in the written student learning plan.

(ii) The progress review shall be conducted by school staff and shall include direct personal contact with the student. The results of the review shall be communicated to the student.

(iii) Based on the progress review, school staff shall determine and document whether the student is making satisfactory progress in completing the learning activities and reaching the learning goals and performance objectives defined in the written plan.

(iv) If the student fails to make satisfactory progress for no more than two consecutive evaluation periods or if the student fails to follow the written student learning plan, an intervention plan designed to improve student progress shall be developed and implemented. This intervention plan shall be developed by school staff in conjunction with the student.

(v) If, after no more than three subsequent evaluation periods, the student still is not making satisfactory progress, a plan designed to more appropriately meet the student's educational need shall be developed and implemented by school staff.

(b) The educational progress of juvenile students incarcerated in adult jail facilities who are enrolled in alternative learning experiences shall be assessed at least annually, using, for full-time students, the state assessment for the student's grade level and using any other annual assessments required by the school district.

(8) Program evaluation. School districts offering alternative learning experiences to juvenile students incarcerated in adult jail facilities shall engage in periodic self-evaluation of these learning experiences in a manner designed to objectively measure their effectiveness, including the impact of the experiences on student learning and achievement. Self-evaluation shall follow a continuous improvement model, and may be implemented as part of the school district's school improvement planning efforts.

(9) Annual reporting.

(a) Each school district offering alternative learning experiences shall report annually to the superintendent of public instruction on the types of programs and course offerings subject to this section, including student headcount and full-time equivalent enrollment claimed for basic education funding.

(b) The report shall identify the ratio of certificated instructional staff to full-time equivalent students enrolled in alternative learning experience courses or programs.

(c) The report shall separately identify alternative learning experience enrollment of students provided under contract pursuant to RCW 28A.150.305 and WAC 392-121-188.

(10) Documentation. In accordance with required records retention schedules, a school district claiming state funding for alternative learning experiences shall maintain the following written documentation available for audit:

(a) School board policy for alternative learning experiences pursuant to this section;

(b) Annual reports to the school district board of directors as required by subsection (3)(g) of this section;

(d) The written student learning plans required by subsection (5) of this section, including documentation of required weekly direct personal contact;

(e) Student progress reviews, evaluations, and assessments required by subsection (7) of this section; and

(f) Student enrollment detail substantiating full-time equivalent enrollment reported to the state, including estimated total hours of participation in educational activities, and any actual documentation of hours of learning for those students failing to make satisfactory progress.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-228, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 10-20-055 and 10-20-127, § 392-122-228, filed 9/27/10 and 10/5/10, effective 10/28/10 and 11/5/10.

Wash. Admin. Code § 392-122-235 State institutional education program—Determination of average state institutional program certificated instructional staff salary for the purpose of apportionment.

The determination of average institutional education program certificated instructional staff salary used in the institutional education allocation formula for the purposes of apportionment shall be the same as specified in WAC 392-121-299; provided, that the words "state institutional education program" shall be substituted for "basic education" throughout that section.

History

Statutory Authority: RCW 28A.150.290. WSR 09-04-082, § 392-122-235, filed 2/3/09, effective 3/6/09. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-235, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-235, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-235, filed 10/2/84.

Wash. Admin. Code § 392-122-255 State institutional education program—Institutional program indirect cost.

State institutional education program moneys for the purpose of recognition of institutional program indirect costs shall be allocated to school districts and other education providers based on the indirect cost rate assumed in the state Operating Appropriations Act.

History

Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-255, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 92-19-125 (Order 92-08), § 392-122-255, filed 9/21/92, effective 10/22/92
WSR 92-03-045 (Order 92-03), § 392-122-255, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-255, filed 10/2/84.

Wash. Admin. Code § 392-122-270 State institutional education program—Apportionment of state moneys.

(1) From the state institutional education program moneys appropriated to the superintendent of public instruction, the superintendent shall make allocations to school districts and other education providers based on the institutional education program's annual average full-time equivalent institutional education students and as provided in the state Operating Appropriations Act and WAC 392-122-200 through 392-122-275.

(2) Institutional education program allocations shall be based on a two hundred twenty-day school year. Allocations to a school district or other education provider offering less than two hundred twenty school days shall be reduced pro rata as provided in WAC 392-122-910.

(3) The superintendent of public instruction shall make payments in the same manner as provided in WAC 392-121-400.

(4) The superintendent of public instruction may reduce or delay payment of institutional education program moneys pursuant to chapter 392-117 WAC.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-270, filed 1/26/21, effective 2/26/21. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-270, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 92-03-045 (Order 92-03), § 392-122-270, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-270, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-270, filed 10/2/84.

Wash. Admin. Code § 392-122-275 State institutional education program—Reporting requirements.

Each school district or other education provider operating an institutional education program shall report to the superintendent of public instruction as follows:

(1)(a)(i) The district or provider shall report on Form E-672 the number of individual enrolled institutional education program students and the number of institutional education full-time equivalent students on each institution enrollment count date.

(ii) Form E-672 is the form distributed by the superintendent of public instruction on which school districts, or other education providers operating institutional education programs report eligible institutional education students enrolled on the enrollment count dates specified in WAC 392-122-211.

(b) Report forms shall be signed by the school district superintendent or a designated official of the school district or other education provider.

(2) Each school district or other education provider operating an institutional education program shall provide, upon request, such additional data as are necessary to enable the superintendent of public instruction to allocate and substantiate the program's allocation of state institutional education program moneys.

(3) Institutional enrollment reporting shall be subject to chapter 392-117 WAC.

(4) Each school district or other education provider shall report personnel data pursuant to instructions provided by the superintendent of public instruction.

(5) By August 15th of each year, each other education provider shall provide a budget showing the anticipated activities and objects of expenditures for the institutional education program for the ensuing school year.

(6) By December 15th following the end of the school year, each other education provider shall provide an annual financial summary of the actual activities and objects of expenditures for the institutional education program for the preceding school year.

(7) Information required by this section shall be reported pursuant to instructions provided by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-275, filed 1/26/21, effective 2/26/21. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-275, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 95-08-025, § 392-122-275, filed 3/29/95, effective 4/29/95
WSR 92-03-045 (Order 92-03), § 392-122-275, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-275, filed 10/2/84.

Wash. Admin. Code § 392-122-305 Paraeducator, office support, and noninstructional aide compliance.

The 2024-25 school year allocations are provided because of the increase in staffing ratios between the 2022-23 and 2024-25 school years for paraeducators, including any aspect of education instructional services provided by classified employees, and office support and other noninstructional aides. Such allocations for the 2024-25 school year must be spent on one of the following purposes as defined below:

(1) Increased staffing as demonstrated by having a combined student-to-staff ratio across paraeducators, office support, and noninstructional aides that is less in the 2024-25 school year than in the 2023-24 school year.

(2) Preventing layoffs as demonstrated by having a combined student-to-staff ratio across paraeducators, office support, and noninstructional aides that is equal to or less in the 2024-25 school year than in the 2023-24 school year.

(3) Increased salaries in the 2024-25 school year demonstrated by new contract language that articulates a pay increase beyond the state-funded cost-of-living adjustment (COLA) and beyond previously agreed-to salary steps or advancements.

Local education agencies must report no later than November 15, 2025, the use of the additional funds in alignment with one of the three purposes above in a format prescribed by the office of the superintendent of public instruction. The total revenue for increased staffing allocation for program 01 shall be identified in a separate apportionment report starting in school year 2024-25. Local education agencies are expected to report to the office of the superintendent of public instruction all expenditures of revenues identified in this apportionment report in the prescribed format.

History

Statutory Authority: 2024 c 191 and RCW 28A.150.260. WSR 25-10-102, s 392-122-305, filed 5/7/25, effective 6/7/25.

Wash. Admin. Code § 392-122-430 Physical, social, and emotional support (PSES) staff—Apportionment of state moneys.

(1) State moneys for PSES staff shall be allocated as provided in this chapter.

(2) PSES staff allocations based on the prototypical school formula provided in RCW 28A.150.260 and the Omnibus Appropriations Act for PSES staff will be based upon budgeted assumptions as provided in the F-203 revenue estimate from September through December for the year budgeted.

(3) School districts, charter schools, and tribal compact schools must input their estimated PSES staffing penalty units, if applicable, for purposes of funding from September through December.

(4) Enrollment will only include student full-time equivalent (FTE) enrolled in the general education program 01 as defined in RCW 28A.150.260 and transition to kindergarten program 09 as defined in RCW 28A.300.072 and chapter 392-425 WAC.

(5) Funded ratios starting with January apportionment will be based on actual average annual FTE enrollment reported in the P-223.

(6) School districts, charter schools, and tribal compact schools must meet the legislative compliance requirements of PSES staffing to generate the full allotment.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-430, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.260. WSR 22-24-029, § 392-122-430, filed 11/30/22, effective 12/31/22.

Wash. Admin. Code § 392-122-435 Physical, social, and emotional support (PSES)—Student enrollment.

WAC 392-122-435

(1) Grade level and transition to kindergarten enrollment reported on the P-223 will be considered in the compliance calculations.

(2) Only students in program 01 - Basic education and program 09 - Transition to kindergarten will be included in the calculation. Enrollment in career and technical education, skill center, alternative learning experience, open doors, and running start programs will be excluded from the calculation.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-122-435, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-435, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.260. WSR 22-24-029, § 392-122-435, filed 11/30/22, effective 12/31/22.

Wash. Admin. Code § 392-122-440 Physical, social, and emotional support (PSES)—Staff.

WAC 392-122-440

(1) The superintendent of public instruction will include in the calculation of PSES compliance of those staff that are coded in programs 01, 09, or 97 to one of the following duty root and activity code combinations:

• Duty root 39 - All activities - Orientation and mobility specialist;

• Duty root 42 - All activities - Counselor;

• Duty root 43 - All activities - Occupational therapist;

• Duty root 44 - All activities - Social worker;

• Duty root 45 - All activities - Speech, language pathology/audio;

• Duty root 46 - All activities - Psychologists;

• Duty root 47 - All activities - Nurse;

• Duty root 48 - All activities - Physical therapist;

• Duty root 49 - All activities - Behavior therapist;

• Duty root 64 - All activities - Contractor ESA;

• Duty root 96 - Activity 24 - Family engagement coordinator;

• Duty roots 91 - 99 - Activity 25 - Pupil management;

• Duty roots 91 - 99 - Activity 26 - Health/related services;

• Duty roots 91 - 99 - Activity 35 - Pupil safety.

(2) S-275 data as of the published apportionment cutoff dates in January, March, and June will be considered in the calculation.

(3) Districts must prioritize funding allocated for PSES staff to staff who hold a valid ESA certificate appropriate for that role.

(4) Staff coded to the above duty roots and activity codes in program 21 will be multiplied by the annual percentage of students receiving special education instruction not in the general education classroom as reported from the November special education federal child count.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-122-440, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-440, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.260. WSR 22-24-029, § 392-122-440, filed 11/30/22, effective 12/31/22.

Wash. Admin. Code § 392-122-445 Physical, social, and emotional support (PSES) compliance—Contracted and supplemental staff.

(1) Eligible staff working under contract and staff not required to be reported in the S-275 must be reported to the superintendent of public instruction prior to the published S-275 apportionment cutoff dates in January, March, and June to be considered.

(2) The full-time equivalency of supplemental staff reported must be reported as less than a 1.0 full-time equivalent (FTE).

(3) The full-time equivalency (FTE) of staff providing services under contract should be reported as determined in the contracting agreement or defined at the local school district level.

(4) Supplemental staff reporting should include decreases as well as increases in staff after October 1st and not reflected in report S-275. Decreases include terminations, retirements, unpaid leave, and reassignments of staff.

History

Statutory Authority: RCW 28A.150.260. WSR 22-24-029, § 392-122-445, filed 11/30/22, effective 12/31/22.

Wash. Admin. Code § 392-122-450 Physical, social, and emotional support (PSES) compliance—Calculations.

(1) Funded staffing units will be calculated using each grade level and transition to kindergarten funding formula calculations.

(2) Staffing units will be combined at the district level and compared to the staffing units generated using the prototypical funding model.

(3) Penalty units are determined by subtracting the prototypical funded staff units from the district's actual funded units.

(4) Staff in the S-275 or the supplemental tool not assigned to a valid grade grouping will be included into the high school funding formula.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-450, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.260. WSR 22-24-029, § 392-122-450, filed 11/30/22, effective 12/31/22.

Wash. Admin. Code § 392-122-455 Physical, social, and emotional support (PSES)—Penalty for noncompliance.

WAC 392-122-455

(1) Penalty units identified by the calculations will be split between certificated instructional staff and classified staff based on the percentage that each contributes to the combined total of certificated instructional staff and classified staff in the physical, social, and emotional support staff for that school year at the state level.

(2) Calculations will be published in February and April. The final adjustment will be applied to the June apportionment payment.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-122-455, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.260. WSR 22-24-029, § 392-122-455, filed 11/30/22, effective 12/31/22.

Wash. Admin. Code § 392-122-500 K-3 class size—Apportionment of state moneys.

WAC 392-122-500

(1) State moneys for K-3 class size including transition to kindergarten program 09 as defined in RCW 28A.300.072 and chapter 392-425 WAC shall be allocated as provided in this chapter.

(2) Elementary teacher allocations based on the prototypical schools formula provided in RCW 28A.150.260 and the Omnibus Appropriations Act for grades K-3 and transition to kindergarten program (grade T) will be based upon budgeted grades K-3 and grade T enrollment as stated in the F-203 revenue estimate from September through December for the year budgeted.

(3) School districts, charter schools, and tribal compact schools must input their estimated grades K-3 and grade T class size for purposes of funding from September through December.

(4) K-3 enrollment will not include student full-time equivalent (FTE) enrolled in alternative learning experience programs that meet the requirements of WAC 392-121-182.

(5) The final funded class size will be calculated in June apportionment and will be based on the actual average annual FTE enrollment reported in the P-223 as of June, the S275 reporting as of June, and any reported supplemental FTE teachers. Preliminary calculations will be provided in February and April.

(6) School districts, charter schools, and tribal compact schools must meet the legislative compliance requirements of K-3 class size funding in order to generate the full allotment.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-122-500, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-500, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-500, filed 1/26/21, effective 2/26/21.

Wash. Admin. Code § 392-122-505 K-3 class size—Student enrollment.

WAC 392-122-505

(1) Grade level K-3 and transition to kindergarten program enrollment reported on the P-223 will be considered in the compliance calculations.

(2) All students in alternative learning experience programs that meet the requirements of WAC 392-121-182 will be excluded from the compliance calculation.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-122-505, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-505, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-505, filed 1/26/21, effective 2/26/21.

Wash. Admin. Code § 392-122-510 K-3 class size—Teachers.

WAC 392-122-510

(1) The superintendent of public instruction will include in the calculation of K-3 class size compliance those teachers reported on the S-275 that are coded in programs 01 to grade group K, 1, 2, or 3, and program 09 for transition to kindergarten (grade T), and are reported in one of the following duty roots:

• Duty root 31 - Elementary homeroom teacher;

• Duty root 33 - Other teacher;

• Duty root 34 - Elementary specialist teacher;

• Duty root 52 - Substitute teacher;

• Duty root 63 - Contractor teacher.

(2) S-275 data as of the published apportionment cutoff dates in January, March, and June will be considered in the calculation.

(3) Program 21 special education teachers coded to grade K, 1, 2, or 3, and grade T multiplied by the annual percentage of students receiving special education instruction not in the general education classroom as reported from the November special education federal child count.

(4) Teachers coded to program 02 alternative learning experience will be excluded.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-122-510, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-510, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-510, filed 1/26/21, effective 2/26/21.

Wash. Admin. Code § 392-122-515 K-3 class size compliance—Supplemental FTE teachers.

WAC 392-122-515

(1) Supplemental teacher full-time equivalent (FTE) teachers must be reported to the superintendent of public instruction prior to the published S-275 apportionment cutoff dates in February, April, and June to be considered. Supplemental teacher FTE must be reported by individual grade level K, 1, 2, 3, and transition to kindergarten (grade T).

(2) Supplemental FTE teacher reporting shows the net change in full-time equivalent teachers after October 1st of the school year not reflected in report S-275 under WAC 392-122-510. Supplemental full-time equivalent teachers are determined as follows:

(a) Determine the teacher FTE that would be reported for each employee for the school year on report S-275 if the current data were submitted for the October 1st snapshot as required in the S-275 instructions and subtract the teacher FTE as of October 1st actually reported for the employee on the most current report S-275.

(b) Include decreases as well as increases in staff after October 1st and not reflected in report S-275. Decreases include terminations, retirements, unpaid leave, and reassignment of staff.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-122-515, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-515, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-515, filed 1/26/21, effective 2/26/21.

Wash. Admin. Code § 392-122-520 K-3 class size—Calculation.

WAC 392-122-520

Funded class size will be calculated by dividing the total teachers and supplemental teacher FTE across all grades K-3 and transition to kindergarten (grade T) collectively as provided in WAC 392-122-510 into the calculated combined total enrollment in grade levels of T, K, 1, 2, or 3.

The final funded class size will be calculated in June apportionment and will be based on the actual average annual FTE enrollment reported in the P-223 as of June, the S275 reporting as of June, and any reported supplemental FTE teachers. Preliminary calculations will be provided in February and April.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-122-520, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-520, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-520, filed 1/26/21, effective 2/26/21.

Wash. Admin. Code § 392-122-605 Apportionment of state moneys for the state learning assistance program.

(1)(a) State learning assistance program moneys shall be allocated as provided in the state Operating Appropriations Act in effect at the time the apportionment is due.

(b) The superintendent of public instruction may withhold the monthly learning assistance program apportionment payment to a school district, charter school, or tribal compact school if the school district, charter school, or tribal compact school fails to submit its annual report for the prior school year to the superintendent of public instruction by the established due date. The first learning assistance program apportionment payment of the school year and subsequent allocations may be withheld until the annual reports are completed in approvable form.

(2) Learning assistance program moneys include a district learning assistance program base allocation and a learning assistance program high-poverty based school allocation for eligible schools.

(a) A school district's funded students for the learning assistance program base allocation shall be the sum of the district's annual average full-time equivalent enrollment in grades K-12 and transition to kindergarten program for the prior school year multiplied by the district's percentage of October comprehensive education data and research system (CEDARS) headcount enrollment in grades K-12 eligible for free or reduced-price lunch in the prior school year. The prior school year's October headcount enrollment for free and reduced-price lunch shall be as reported in CEDARS as of March 31st of the prior school year.

(b)(i) A school is eligible for the learning assistance program high-poverty based school allocation if it is funded through the prototypical model and has at least 50 percent of its students eligible for free and reduced-price meals in the prior school year. The percentage is determined by the school's percentage of October CEDARS headcount enrollment in grades K-12 for free and reduced-price lunch as reported in CEDARS as of March 31st of the prior school year.

(ii) An eligible school's funded students for the learning assistance high-poverty based allocation shall be the sum of the school's annual average full-time enrollment in grades K-12 and transition to kindergarten program for the prior year.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-605, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-605, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.155.075. WSR 19-04-097, § 392-122-605, filed 2/5/19, effective 3/8/19. Statutory Authority: RCW 28A.165.075 and 28A.150.290. WSR 18-02-082, § 392-122-605, filed 1/2/18, effective 2/2/18
WSR 16-16-078, § 392-122-605, filed 7/29/16, effective 9/1/16. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-605, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. WSR 87-09-018 (Order 87-2), § 392-122-605, filed 4/6/87
WSR 86-01-021 (Order 85-16), § 392-122-605, filed 12/9/85
WSR 84-20-078 (Order 84-36), § 392-122-605, filed 10/2/84
WSR 84-13-020 (Order 84-10), § 392-122-605, filed 6/13/84.

Wash. Admin. Code § 392-122-610 Payment of state moneys for the state learning assistance program.

From the state learning assistance program moneys appropriated to the superintendent of public instruction, the superintendent shall make payments in the same manner as provided in WAC 392-121-400.

History

Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-610, filed 1/23/91, effective 2/23/91. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-122-610, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. WSR 86-01-021 (Order 85-16), § 392-122-610, filed 12/9/85
WSR 84-20-078 (Order 84-36), § 392-122-610, filed 10/2/84
WSR 84-13-020 (Order 84-10), § 392-122-610, filed 6/13/84.

Wash. Admin. Code § 392-122-705 Formula for the distribution of state moneys for the state transitional bilingual program.

A school district's or charter school's entitlement for state moneys for the state transitional bilingual program shall be calculated as follows:

(1) Multiplying the number of eligible students under WAC 392-160-005(3) and 392-160-015 by the per pupil allocation established in the State Appropriation Act for the state transitional bilingual program.

(2) The result of the calculation provided in subsection (1) of this section is the district's or charter school's entitlement subject to WAC 392-122-710 and its provision for enrollment adjustment.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-705, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-705, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-04-082, § 392-122-705, filed 2/3/09, effective 3/6/09. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-705, filed 10/2/84
WSR 84-13-020 (Order 84-10), § 392-122-705, filed 6/13/84.

Wash. Admin. Code § 392-122-710 Distribution of state moneys for the state transitional bilingual program.

(1) The superintendent of public instruction shall apportion to school districts or charter schools for the state transitional bilingual program the amount calculated per district in WAC 392-122-705 according to the apportionment schedule provided in RCW 28A.510.250.

(2) Monthly payments to districts and charter schools shall be adjusted during the year to reflect changes in the district's or charter school's reported eligible students under WAC 392-160-005(3) and 392-160-015 as reported on the P223, monthly report of school district enrollment form.

(3) For the purpose of transitional bilingual allocations, the school district's or charter school's nine-month average annual headcount enrollment of eligible students under WAC 392-160-005(3) and 392-160-015 shall be the average of such enrollment for the first school day of October through June.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-710, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 16-10-116, § 392-122-710, filed 5/4/16, effective 6/4/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-710, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-04-082, § 392-122-710, filed 2/3/09, effective 3/6/09
WSR 96-03-002, § 392-122-710, filed 1/3/96, effective 2/3/96. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-122-710, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. WSR 86-01-021 (Order 85-16), § 392-122-710, filed 12/9/85
WSR 84-20-078 (Order 84-36), § 392-122-710, filed 10/2/84
WSR 84-13-020 (Order 84-10), § 392-122-710, filed 6/13/84.

Wash. Admin. Code § 392-122-805 Formula for distribution of state moneys for the state highly capable students education program.

A school district's or charter school's entitlement for state moneys for the state highly capable students education program shall be calculated as follows:

(1) Multiplying the reporting district's or charter school's average annual full-time equivalent students, as defined in WAC 392-121-133, excluding enrollment reported for transition to kindergarten program by the per pupil allocation established in the State Operating Appropriations Act in effect at the time the apportionment is due; and

(2) The product is the district's or charter school's entitlement subject to WAC 392-122-810 and its provision for enrollment adjustment.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-805, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-805, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-805, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-04-082, § 392-122-805, filed 2/3/09, effective 3/6/09
WSR 96-03-002, § 392-122-805, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-805, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-805, filed 10/2/84
WSR 84-13-020 (Order 84-10), § 392-122-805, filed 6/13/84.

Wash. Admin. Code § 392-122-810 Distribution of state moneys for the state highly capable students education program.

The superintendent of public instruction shall apportion to districts and charter schools for the state highly capable student education program the amount calculated per district or charter school in WAC 392-122-805 according to the apportionment schedule provided in RCW 28A.510.250. The amount apportioned may be adjusted intermittently to reflect changes in the district's or charter school's average annual full-time equivalent students as reported on the P223, monthly report of school district enrollment form, excluding enrollment reported for transition to kindergarten program.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-122-810, filed 6/28/24, effective 7/29/24. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-810, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-810, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-122-810, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. WSR 84-20-078 (Order 84-36), § 392-122-810, filed 10/2/84
WSR 84-13-020 (Order 84-10), § 392-122-810, filed 6/13/84.

Wash. Admin. Code § 392-122-900 General provision—Indirect cost limitations, carryover limitations and recoveries.

(1) Categorical apportionment moneys shall be expended for allowable categorical program costs. Indirect cost charges to categorical programs are limited as provided in this section. Categorical moneys may be carried over from one school district or charter school fiscal year to another only as provided in this section.

(2) The superintendent of public instruction shall recover categorical program allocations made pursuant to this chapter if not expended by the school district or charter school during the school year for allowable program costs.

(3) Allowable program costs are direct program expenditures plus allowable indirect program charges.

(a) Direct program expenditures are expenditures directly traceable to the program for the school year reported consistent with the Accounting Manual for Public School Districts in the State of Washington and instructions provided by the superintendent of public instruction including the Administrative Budgeting, and Financial Reporting Handbook.

(b) For the purposes of this section, special education program expenditures shall be reduced (abated) by revenues to account 7121 special education revenues from other districts or charter schools.

(c) For special education, highly capable, and transitional bilingual, allowable indirect program charges equal direct program expenditures times the percentage calculated from the school district's or charter school's annual financial statements (Report F-196) for two school years prior as follows:

(i) Divide direct expenditures for program 97 district-wide support by;

(ii) Total general fund direct expenditures for all programs minus direct expenditures for program 97 district-wide support; and

(iii) Round to three decimal places.

(d) For the learning assistance program, allowable indirect program charges equal the direct program expenditures times the federal restricted indirect rate calculated by the superintendent of public instruction.

(e) For the institutional education program, allowable indirect program charges equal the state institutional education program allocation times the percentage allocated for indirect costs pursuant to the biennial operating appropriations act and the state funding formula.

(4) A school district or charter school may carry over from one school district fiscal year to the next up to ten percent of the state learning assistance program allocation. Carryover moneys shall be expended solely for allowable learning assistance program costs.

(5) A school district or charter school may carry over from one school fiscal year to the next up to ten percent of state special education program allocation. Carryover moneys shall be expended solely for allowable state special education program costs.

(6) A school district may carry over from one school district fiscal year to the next up to ten percent of the state institutional education program allocation. Carryover moneys shall be expended solely for allowable state institutional education program costs.

(7) The amount recovered pursuant to this section for special education, highly capable, bilingual, and learning assistance programs shall be determined as follows:

(a) Sum the state allocation for the categorical program for the school year and any carryover from the prior school year if applicable;

(b) Determine the district's or charter school's allowable program costs for the school year pursuant to this section;

(c) If the result of (a) of this subsection exceeds the result of (b) of this subsection, the difference less any allowable carryover shall be recovered.

(8) The amount recovered pursuant to this section for the institutional education program shall be determined as follows:

(a) Sum the state allocation for the institutional education program for the school year excluding any amount provided for indirect costs, and any carryover from the prior school year if applicable;

(b) Determine the school district's direct expenditures for the institutional education program as reported on Report F-196 or such other document filed pursuant to instructions provided by the superintendent of public instruction;

(c) If the amount of (a) of this subsection exceeds the amount of (b) of this subsection, the difference less any allowable carryover shall be recovered.

(9) This section applies to categorical program allocations to school districts, charter schools, educational service districts and, in the case of institutional education programs, entities contracting to provide an institutional education program funded under this chapter.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-900, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 18-20-023, § 392-122-900, filed 9/24/18, effective 10/25/18
WSR 15-18-078, § 392-122-900, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 09-04-082, § 392-122-900, filed 2/3/09, effective 3/6/09. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 512. WSR 02-04-023, § 392-122-900, filed 1/24/02, effective 1/24/02. Statutory Authority: RCW 28A.150.290. WSR 96-03-002, § 392-122-900, filed 1/3/96, effective 2/3/96. Statutory Authority: 1995 2nd sp.s. c 18 § 519. WSR 95-18-074, § 392-122-900, filed 9/1/95, effective 10/2/95. Statutory Authority: RCW 28A.150.290. WSR 92-19-125 (Order 92-08), § 392-122-900, filed 9/21/92, effective 10/22/92. Statutory Authority: RCW 28A.41.170. WSR 86-01-021 (Order 85-16), § 392-122-900, filed 12/9/85
WSR 84-20-078 (Order 84-36), § 392-122-900, filed 10/2/84
WSR 84-13-020 (Order 84-10), § 392-122-900, filed 6/13/84.

Wash. Admin. Code § 392-122-905 General provision—Maximum control factor—Proration.

The maximum rate of allocation specified in this chapter shall be allocated by the superintendent of public instruction to school districts and charter schools unless the state appropriations for these programs are insufficient and it is necessary for the superintendent of public instruction to prorate all or a portion of these funds appropriated for allocation to school districts or charter schools for such programs. All such prorations shall be announced to school districts and charter schools through official agency bulletins or reports.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-905, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170. WSR 86-01-021 (Order 85-16), § 392-122-905, filed 12/9/85
WSR 84-13-020 (Order 84-10), § 392-122-905, filed 6/13/84.

Wash. Admin. Code § 392-122-910 General provisions—Recovery for failure to meet program requirements.

(1) Categorical apportionment moneys affected by this chapter shall be recovered in the event that a school district or charter school fails to meet one or more conditions that are established in state law, including the state Operating Appropriations Act, or state rules, or regulations.

(2) Such recovery shall occur if:

(a) The school district's or charter school's failure to meet one or more established conditions is documented either on a school district or charter school report that has been submitted to the superintendent of public instruction or by review of the school district's or charter school's program by the superintendent of public instruction; and

(b) The school district or charter school has been given notice by the superintendent of public instruction of such failure at least thirty calendar days prior to the date of recovery.

(3) The amount of such recovery shall be proportional to the degree to which the school district or charter school fails to meet the established condition.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-910, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. WSR 91-03-118 (Order 2), § 392-122-910, filed 1/23/91, effective 2/23/91.

Chapter 392-123 Finance—School district budgeting.

Wash. Admin. Code § 392-123-003 Authority.

The authority for this chapter is RCW 28A.505.140 which authorizes the superintendent of public instruction to promulgate rules and regulations regarding budgetary procedures and practices by school districts. This chapter is further authorized under RCW 28A.710.040(5), which provides that public charter schools are subject to the supervision of the superintendent of public instruction to the same extent as other public schools.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-003, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-003, filed 10/10/83.

Wash. Admin. Code § 392-123-005 Purposes.

The purposes of this chapter are to implement chapter 28A.505 RCW and insure proper budgetary procedures and practices on the part of school districts and charter schools.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-005, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-005, filed 9/24/81
Order 8-76, § 392-123-005, filed 7/23/76
Order 7-75, § 392-123-005, filed 12/22/75. Formerly WAC 392-30-010.

Wash. Admin. Code § 392-123-010 The accounting manual.

The superintendent of public instruction and the office of the state auditor shall publish and distribute to each school district and charter school an accounting manual which shall be referred to as The Accounting Manual for Public School Districts of the State of Washington. Such accounting manual, as now or hereafter amended, shall govern the accounting procedures of each school district and charter school and is hereby incorporated into this chapter by this reference. Prior to any revision thereof, the superintendent of public instruction shall publish notice of such proposed action and shall hold at least one public hearing.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-010, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-010, filed 9/24/81
Order 8-76, § 392-123-010, filed 7/23/76
Order 7-75, § 392-123-010, filed 12/22/75. Formerly WAC 392-30-020.

Wash. Admin. Code § 392-123-011 School district and charter school fiscal year.

The fiscal year for school districts and charter schools shall begin on September 1 and end on August 31.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-011, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-011, filed 5/13/80
Order 8-76, § 392-123-011, filed 7/23/76.

Wash. Admin. Code § 392-123-046 Definitions—General fund, capital projects fund, debt service fund, associated student body fund, advanced refunding and advance refunded bond funds, transportation vehicle fund and insurance reserves.

(1) A general fund shall be established for maintenance and operation of the school district to account for all financial operations of the school district, except those required to be accounted for in another fund, as authorized by RCW 28A.320.330, 28A.325.030, and 28A.160.130.

(2) A capital projects fund shall be established as authorized by RCW 28A.320.330 for major capital purposes. Any statutory references to a "building fund" shall mean the capital projects fund. Money to be deposited into the capital projects fund shall include, but not be limited to, bond proceeds, proceeds from excess levies, state apportionment proceeds, earnings from capital projects fund investments, rental and lease proceeds, and proceeds from the sale of real property.

Money deposited into the capital projects fund from other sources may be used for the purposes provided in WAC 392-123-180 and for the purposes of:

(a) Major renovation, including the replacement of facilities and systems where periodical repairs are no longer economical. Major renovation and replacement shall include, but shall not be limited to, roofing, heating and ventilating systems, floor covering, and electrical systems.

(b) Renovation and rehabilitation of playfields, athletic fields, and other district real property.

(c) The conduct of preliminary energy audits and energy audits of school district buildings. For the purpose of this section:

(i) "Preliminary energy audits" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major energy using systems of the building.

(ii) "Energy audit" means a survey of a building or complex which identifies the type, size, energy use level, and major energy using systems; which determines appropriate energy conservation maintenance or operating procedures and assesses any need for the acquisition and installation of energy conservation measures, including solar energy and renewable resource measures.

(iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily intended to reduce energy consumption or allow the use of an alternative energy source.

(d) Those energy capital improvements which are identified as being cost-effective in the audits authorized by this section.

(e) Purchase or installation of additional major items of equipment and furniture: Provided, That vehicles shall not be purchased with capital projects fund money.

(3) A debt service fund shall be established to provide for tax proceeds, other revenues, and disbursements as authorized in chapter 39.44 RCW.

(4) An associated student body fund shall be established as authorized by RCW 28A.325.030.

(5) Advance refunding bond funds and refunded bond funds shall be established to provide for proceeds and disbursements as authorized in chapter 39.53 RCW.

(6) A transportation vehicle fund shall be established as authorized by RCW 28A.160.130.

(7) The board of directors of first-class school districts shall have power to create and maintain an insurance reserve account pursuant to RCW 28A.330.110 to be used to meet losses specified by the board of directors.

Funds required for maintenance of an insurance reserve account shall be budgeted and allowed as are other moneys required for the support of the school district.

The school district board of directors may, as an alternative or in addition to the establishment of a self-insurance reserve account or the purchasing of insurance, contract for or hire personnel to provide risk management services.

History

Statutory Authority: RCW 28A.505.090. WSR 93-17-006 (Order 93-12), § 392-123-046, filed 8/5/93, effective 9/5/93. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-046, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-046, filed 10/10/83.

Wash. Admin. Code § 392-123-047 Definitions—Revenue, accrual basis expenditures, cash basis expenditures, appropriation, and disbursements.

As used in this chapter, the term:

(1) "Revenue" shall mean an addition to assets of a fund of a school district or charter school during a fiscal period that is available to finance the funds' expenditures during the fiscal period. Revenue does not accompany the increase of liabilities or represent refunds of previous disbursements. Revenue may be in the form of cash, or in the form of noncash assets such as donated commodities. Revenue for accrual basis expenditure funds is limited to amounts received in cash or noncash donations, plus or minus adjustments for revenue accruals.

(2) "Cash basis revenue" shall mean the actual receipt of revenue not adjusted for revenue accruals.

(3) "Revenue accruals" shall mean those revenues which are (a) anticipated to be received in cash after the close of the fiscal period and (b) represent reimbursement for expenditures incurred by the end of the fiscal period. In order for revenue to be included in revenue accruals, it must meet the above tests.

Revenue accruals, if they meet both tests include: Reimbursements on categorical grants for which expenditures have been made but payment has not been received; payments from other school districts that are due, but are not collected by the end of the fiscal period; deferrals of apportionment payments by the state when a deferral occurs because of district request or state mandate, and the revenue is due to the district; and rental or lease payments that are currently due, and there is reasonable assurance of payment.

Revenue that cannot be accrued because it does not meet the above tests includes: Collection of excess levies not expected to be received until after the end of the fiscal period and PL 874 funds that are to be received in cash in the following fiscal period, i.e. the twenty-five percent payment that is received after the end of the fiscal period.

(4) "Expenditures" shall mean the decrease in assets with no corresponding decrease in liabilities, or the increase in liabilities with no corresponding increase in assets. Expenditures for activities prior to September 1, but within the school year as defined in WAC 392-121-031, are considered expenditures of the school year commencing September 1.

(5) "Expenditure refunds" shall mean the increase in assets with a corresponding decrease in expenditures.

(6) "Revenue refunds" shall mean the increase in liabilities with a corresponding decrease in revenues.

(7) "Liabilities" shall mean debt or other legal obligations arising out of transactions in the past which are payable but not necessarily due.

(8) "Accrual basis expenditures" shall mean expenditures incurred during a given fiscal period, whether paid or unpaid.

(9) "Cash basis expenditures" shall mean the disbursement of cash for expenditures during a given fiscal period regardless of when liabilities are incurred, and the disbursement of inventory.

(10) "Appropriation" shall mean the maximum authorization during a given fiscal period to incur expenditures.

(11) "Disbursements" shall mean payments in cash, including the issuance of warrants, and the disbursement of inventory.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-047, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). WSR 99-20-021 (Order 98-07), § 392-123-047, filed 9/28/99, effective 9/29/99. Statutory Authority: RCW 28A.41.170, 28A.65.465 and 28A.41.055. WSR 85-15-110 (Order 85-3), § 392-123-047, filed 7/24/85. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-047, filed 10/10/83
WSR 82-19-048 (Order 82-13), § 392-123-047, filed 9/14/82.

Wash. Admin. Code § 392-123-049 Basis of budgeting and accounting.

WAC 392-123-049

All school districts and charter schools must utilize the following methods of revenue and expenditure recognition in budgeting, accounting, and financial reporting:

(1) Recognize revenue as defined in WAC 392-123-047: Provided, That school districts that elect the cash basis of expenditure recognition as defined below shall recognize revenue on the cash basis.

(2) Recognition of expenditures for all funds shall be on the accrual basis: Provided, That school districts with under one thousand full time equivalent students for the preceding fiscal year may make a uniform election for all funds, except debt service funds, to be on the cash basis of expenditure recognition. Notification of such election shall be given to the state superintendent of public instruction in the budget of the school district and shall remain in effect for one full fiscal year.

(3) Charter schools may not elect to make a uniform election for any funds to be on the cash basis of expenditure recognition.

(4) School districts subject to binding restrictions may not elect to make a uniform election for any funds to be on the cash basis of expenditure recognition until the fiscal year following the district's release from binding restrictions by the superintendent of public instruction.

(5) Expenditures for activities prior to September 1st, but within the school year as defined in WAC 392-121-031, are considered expenditures of the school year commencing September 1st.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-049, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-049, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). WSR 99-20-021 (Order 98-07), § 392-123-049, filed 9/28/99, effective 9/29/99. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-049, filed 10/10/83
WSR 82-19-048 (Order 82-13), § 392-123-049, filed 9/14/82.

Wash. Admin. Code § 392-123-053 Budget contents.

Each school district or charter school that anticipates being an operating district or charter school in the common school system of the state during the following fiscal year shall prepare a budget. For districts anticipating consolidation or annexation, separate budgets shall be prepared pending official consolidation or annexation proceedings.

Every school district and charter school budget shall be prepared, submitted and adopted in the format prescribed by the superintendent of public instruction. The budget classifications contained in said format shall be in accordance with the accounting manual for public school districts, published by the superintendent of public instruction and the state auditor. Budgets prepared and adopted in a format other than that prescribed by the superintendent of public instruction shall not be official and will have no legal effect.

All items on the budget form shall be completed correctly in accordance with instructions provided by the superintendent of public instruction before the budget is presented for hearing review and approval. Information pertaining to budget development which is not available at the time of budget preparation shall be estimated using the most current and reliable information available.

The budget shall set forth the estimated revenues for the budgeted fiscal year, the estimated revenues for the fiscal year current at the time of budget preparation, the actual revenues for the last completed fiscal year, and the reserved and unreserved fund balances for each year. The estimated revenues from all sources for the ensuing fiscal year shall not include any revenue not anticipated to be available during that fiscal year: Provided, That school districts and charter schools, pursuant to WAC 392-123-060 can be granted permission by the superintendent of public instruction to include as revenues in their budgets, receivables collectible in future fiscal years.

Any budget or appropriation adopted by the school district board of directors or charter school board that contains estimated expenditures in excess of the total of estimated revenue for the budgeted fiscal year plus estimated fund balance at the beginning of the budgeted fiscal year less ending reserve fund balance for the budgeted year without written permission from the superintendent of public instruction shall be null and void and shall not be considered an appropriation.

The school district or charter school budget shall set forth by detailed items or classes the estimated expenditures for the budgeted fiscal year, the estimated expenditures for the fiscal year current at the time of budget preparation, and the actual expenditures for the last completed fiscal year. Total salary amounts, full-time equivalents and the high, low and average annual salaries shall be displayed by each job classification within each activity within each program. If individual salaries within each position title are not displayed, districts shall provide individual salaries together with the position title of the recipient and the total salary amounts budgeted for each program upon request. Salary schedules shall be displayed. In districts or, when applicable, charter schools where negotiations have not been completed, the district or charter school may budget the salaries at the current year's rate and restrict fund balance for the amount of anticipated increase in salaries, so long as an explanation shall be attached to the budget on such restriction of fund balance.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-053, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-053, filed 10/10/83
WSR 80-06-043 (Order 80-16), § 392-123-053, filed 5/13/80
Order 8-76, § 392-123-053, filed 7/23/76.

Wash. Admin. Code § 392-123-054 Time schedule for budget.

The time schedule for preparation, adoption and filing of the annual budget is as follows:

| Final Date For Action | First-Class Districts | Second-Class Districts | Public Charter Schools | | --- | --- | --- | --- | | July 10 | Final date for district to prepare annual budget. Upon completion of their budgets, every school district shall publish a notice stating that the district has completed the budget, placed it on file in the school district administration office, that a copy thereof will be furnished to any person who calls upon the district for it, and that the board of directors will meet for the purpose of fixing and adopting the budget of the district for the ensuing fiscal year. Such notice shall designate the date, time, and place of said meeting. The notice shall also state that any person may appear thereat and be heard for or against any part of such budget. Said notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the district, or, if there be none, in a newspaper of general circulation in the county or counties in which such district is a part. The last notice shall be published no later than seven days immediately prior to the hearing. | Same as first-class. | Final date for charter school to prepare its proposed annual budget. Upon completion of their proposed budgets, every charter school shall publish a notice stating that the charter school has completed the budget, placed it on file in the charter school administration office, that a copy thereof will be furnished to any person who calls upon the school for it, and that the school board will meet for the purpose of fixing and adopting the budget of the charter school for the ensuing fiscal year. Such notice shall designate the date, time, and place of said meeting. The notice shall also state that any person may appear thereat and be heard for or against any part of such budget. Said notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which such school is a part. The last notice shall be published no later than seven days immediately prior to the hearing. Every charter school shall submit the proposed budget to the office of superintendent of public instruction and the charter school's authorizer, as defined in RCW 28A.710.010. | | | Final date to have sufficient copies of budget to meet reasonable demands of public. Also, final date to submit the budget to the educational service district for review and comment. The July 10th date may be delayed by the superintendent of public instruction if the state's operating budget is not finally approved by the legislature until after June 1st. | Same as first-class | Final date to have sufficient copies of budget to meet reasonable demands of public. The July 10th date may be delayed by the superintendent of public instruction if the state's operating budget is not finally approved by the legislature until after June 1st. | | August 1 | | Final date for board directors to meet in public hearing and fix and adopt said budget. | | | | | Such hearing may be continued not to exceed a total of two days: Provided, That the budget must be adopted no later than August 1st. | | | | | Upon conclusion of the hearing the board of directors shall fix and determine the appropriation from each fund contained in the budget separately, and shall by resolution adopt the budget and the appropriations as so finally determined, and enter the same in the official minutes of the board. | | | August 3 | | Last date to forward the adopted budget to educational service district for review, alteration and approval. | | | August 31 | Final date for board of directors to meet in public hearing and fix and adopt said budget. Such hearing may be continued not to exceed a total of two days: Provided, That the budget must be adopted no later than August 31st. Upon conclusion of board of directors shall fix and determine the appropriation from each fund contained in the budget separately, and shall by resolution adopt the budget and the appropriations as so finally determined, and enter the same in the official minutes of the board. | Final date for the budget review committee to fix and approve the amount of the appropriation from each fund of the budget. One copy of the approved budget will be retained by the educational service district and one copy will be retained by the superintendent of public instruction. No budget review committee shall knowingly approve any budget or appropriation that is in violation of state law or rules and regulations adopted by the superintendent of public instruction. Members of the budget review committee as referred to in this section shall consist of the educational service district superintendent or a representative thereof, a member of the local board of directors or a representative thereof and a representative of the superintendent of public instruction. | Final date for the charter school board to meet in public hearing and fix and adopt said budget. Such hearing may be continued not to exceed a total of two days: Provided, That the budget must be adopted no later than August 31st. The charter school board shall fix and determine the appropriation from each fund contained in the budget separately, and shall by resolution adopt the budget and the appropriations as so finally determined, and enter the same in the official minutes of the board. | | September 3 | Final date for district to file the adopted budget with their educational service district. | | Final date for the charter school to submit the adopted annual budget to the office of superintendent of public instruction and the charter school's authorizer, as defined in RCW 28A.710.010. | | September 10 | Final date for educational service district to file the adopted budgets with the superintendent of public instruction. | Final date for the superintendent of public instruction to return a copy of the approved budget to the local school district. | |

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-054, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.505.040. WSR 96-08-058 (Order 96-06), § 392-123-054, filed 4/2/96, effective 5/3/96. Statutory Authority: RCW 28A.505.090. WSR 93-17-006 (Order 93-12), § 392-123-054, filed 8/5/93, effective 9/5/93. Statutory Authority: RCW 28A.505.140 and H.B. 1224. WSR 92-03-024 (Order 92-02), § 392-123-054, filed 1/7/92, effective 2/7/92. Statutory Authority: RCW 28A.65.465. WSR 87-15-067 (Order 87-7), § 392-123-054, filed 7/16/87. Statutory Authority: RCW 28A.41.170, 28A.65.465 and 28A.41.055. WSR 85-15-110 (Order 85-3), § 392-123-054, filed 7/24/85. Statutory Authority: RCW 28A.65.465. WSR 84-13-021 (Order 84-11), § 392-123-054, filed 6/13/84
WSR 83-21-027 (Order 83-12), § 392-123-054, filed 10/10/83. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-054, filed 9/24/81. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-054, filed 5/13/80
Order 8-76, § 392-123-054, filed 7/23/76.

Wash. Admin. Code § 392-123-055 Identification of revenues to be included in the budget.

Only revenues which can be reasonably anticipated to be available, as defined in WAC 392-123-047 in the fiscal period for which the budget is being prepared may be budgeted by a school district or charter school, except under the following condition: Receipt of written permission from the superintendent of public instruction to budget as revenue in a district's budget receivables collectible in future fiscal periods.

All available current information including current instructions contained in bulletins now or hereafter published by the superintendent of public instruction shall be used to determine the amount of budget revenues that can reasonably be expected to be available in the fiscal period. Proposed levies which have not been certified as approved by the voters shall not be included in the budget as adopted for operation of the district or charter school.

For charter schools authorized by a school district board of directors, allocations to a charter school that are included in RCW 84.52.0531 (3)(a) through (c) shall be included in the school district's budget in the same manner as other public schools in the district.

For levies submitted to voters after a charter school's start-up date, the charter school must be included in the school district's budget in the same manner as other public schools in the district.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-055, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-055, filed 10/10/83. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-055, filed 9/24/81. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-055, filed 5/13/80
Order 8-76, § 392-123-055, filed 7/23/76
Order 7-75, § 392-123-055, filed 12/22/75. Formerly WAC 392-30-080 and 392-30-090.

Wash. Admin. Code § 392-123-060 Petition to budget receivables collectible in future fiscal periods.

WAC 392-123-060

When a school district or charter school is unable to prepare a budget or a budget extension in which the estimated revenues for the budgeted fiscal period plus the estimated fund balance or actual fund balance in case of a budget extension, at the beginning of the budgeted fiscal period less the ending reserved fund balance for the budgeted fiscal year do not at least equal the estimated expenditures for the budgeted fiscal period, the school district board of directors or charter school board may deliver a petition in writing at least 20 days before the budget or budget extension is scheduled for adoption to the superintendent of public instruction requesting permission to include receivables collectible in future periods beyond the fiscal period being budgeted in order to balance the budget or budget extension for the fiscal period being budgeted. Said petition shall include a resolution of the school board requesting permission to budget receivables collectible in future fiscal periods and other such information as the superintendent of public instruction shall deem as necessary.

If such permission is granted, it shall be in writing, and it shall contain conditions, binding on the district or charter school, designed to improve the district's or charter school's financial condition.

For the 2024-2025, 2025-2026, 2026-2027, and 2027-2028 budget periods, accepting binding conditions due to a negative fund balance position is not required for school districts or charter schools that have an interfund loan for more than the amount of the negative position in the receiving fund. This time-bound exception is provided in RCW 28A.505.130 so long as the transaction date on the loan occurs on or before June 30, 2024.

For districts already subject to binding conditions or subject to enhanced financial oversight, interfund loans may be used to balance the budget of the borrowing fund when the loan is consistent with the financial plan submitted by the district and approved by the superintendent or financial oversight committee.

Any second-class school district subject to binding conditions will be required to account for revenues and expenditures in the same manner as a first-class school district.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-060, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 24-22-049, s 392-123-060, filed 10/28/24, effective 11/28/24
WSR 15-18-078, § 392-123-060, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-060, filed 10/10/83
WSR 80-06-043 (Order 80-16), § 392-123-060, filed 5/13/80
Order 8-76, § 392-123-060, filed 7/23/76
Order 7-75, § 392-123-060, filed 12/22/75. Formerly WAC 392-30-100.

Wash. Admin. Code § 392-123-065 Noncompliance with binding restrictions.

If a school district fails to comply with any binding restrictions issued by the superintendent of public instruction pursuant to WAC 392-123-060, or if a public charter school's authorizer deems the charter school has failed to comply with the superintendent's binding restrictions, the allocation of state funds for support of the school district or charter school may be withheld, pending an investigation of the reason for such noncompliance by the superintendent of public instruction. Written notice of the intent to withhold state funds, with reasons stated for this action, shall be made to the school district or charter school by the superintendent of public instruction before any portion of the state allocation is withheld.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-065, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-065, filed 5/13/80
Order 8-76, § 392-123-065, filed 7/23/76
Order 7-75, § 392-123-065, filed 12/22/75. Formerly WAC 392-30-110.

Wash. Admin. Code § 392-123-070 Overexpending and exceeding the budget.

Total budgeted expenditures for each fund as adopted in the budget of a school district or charter school shall constitute the appropriations of the district or charter school for the budgeted fiscal year and the board of directors or charter school board shall be limited in the incurring of expenditures to the amount of each such appropriation. The board of directors shall incur no expenditures for any purpose in excess of the appropriation for each fund: Provided, That no board of directors or charter school board shall be prohibited from incurring expenditures for the payment of regular employees, for the necessary repairs and upkeep of the school plant, for the purchase of books and supplies, and for their participation in joint purchasing agencies authorized in RCW 28A.320.080 during the interim while the budget is being settled under WAC 392-123-080: Provided further, That transfers between budget classes may be made by the school district's chief administrative officer or finance officer, subject to such restrictions as may be imposed by the school district board of directors.

Directors, officers or employees of school districts who knowingly or negligently violate or participate in a violation of this section by the incurring of expenditures in excess of any appropriation(s) shall be held civilly liable, jointly and severally, for such expenditures in excess of such appropriation(s), including consequential damages following therefrom, for each such violation. If as a result of any civil or criminal action the violation is found to have been done knowingly, such director, officer, or employee who is found to have participated in such breach shall immediately forfeit his office or employment, and the judgment in any such action shall so provide.

Nothing in this section shall be construed to limit the duty of the attorney general to carry out the provisions of RCW 43.09.260, as now or hereafter amended.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-070, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-070, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-070, filed 10/10/83
Order 8-76, § 392-123-070, filed 7/23/76
Order 7-75, § 392-123-070, filed 12/22/75. Formerly WAC 392-30-130.

Wash. Admin. Code § 392-123-071 Budget extensions—First-class school districts.

WAC 392-123-071

Before incurring expenditures in excess of current budgeted appropriations, the board of directors in a first-class school district shall adopt a budget extension resolution by the vote of the majority of all board members:

(1) When the budget extension is needed in the event of an emergency:

(a) When no provisions have been made for such expenditures in the adopted appropriation, the board of directors shall state the facts constituting the emergency and the board of directors may make an appropriation therefor without notice or hearing.

(b) For the purpose of this section, an emergency is defined as events caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrections, or for the restoration to a condition of usefulness of any school district property, the usefulness of which has been destroyed by accident.

(2) When a budget extension is needed, and the reason is not one of emergencies enumerated above:

(a) If it becomes necessary to increase the amount of the appropriation, the school district board of directors, before incurring expenditures in excess of expenditures therefor, shall adopt a resolution stating the facts and the estimated amount of appropriation to meet it.

(b) Such resolution shall be voted on at a public meeting, notice to be given in the manner provided in WAC 392-123-054. Its introduction and passage shall require the vote of a majority of all members of the school district board of directors.

(c) Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof.

Two copies of all adopted appropriation resolutions shall be filed with the educational service district, who shall forward one copy to the superintendent of public instruction. One copy shall be retained by the educational service district. The final date for adopting appropriation resolutions extending budgets shall be the close of business on August 31st or the last business day prior to August 31st if August 31st occurs on a nonbusiness day. Each copy of all appropriation resolutions filed shall have attached a copy of the school district's latest budget status report. The revised budget shall be in the format prescribed by the superintendent of public instruction and shall be prepared in accordance with instructions provided by the superintendent of public instruction.

Any appropriation resolution adopted after the date specified in this section shall be null and void. Any appropriation resolution adopted after the current appropriation level has been exceeded shall be null and void to the extent that the current appropriation level has been exceeded.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-071, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.505.090. WSR 93-17-006 (Order 93-12), § 392-123-071, filed 8/5/93, effective 9/5/93. Statutory Authority: RCW 28A.505.140 and H.B. 1224. WSR 92-03-024 (Order 92-02), § 392-123-071, filed 1/7/92, effective 2/7/92. Statutory Authority: RCW 28A.65.465. WSR 84-13-021 (Order 84-11), § 392-123-071, filed 6/13/84
WSR 83-21-027 (Order 83-12), § 392-123-071, filed 10/10/83. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-071, filed 9/24/81. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-071, filed 5/13/80
Order 8-76, § 392-123-071, filed 7/23/76.

Wash. Admin. Code § 392-123-072 Budget extensions—Second-class school districts.

WAC 392-123-072

If a second-class school district needs to increase the amount of the appropriation from any fund the school district board of directors before incurring expenditures in excess of appropriations shall obtain approval from the superintendent of public instruction in the following manner: The school district board of directors shall adopt a resolution stating the specific reason(s) for extending the budget, the estimated amount of additional appropriation needed and the source(s) of funds.

Such resolution shall be voted on at a public meeting, notice to be given in the manner provided by WAC 392-123-054. Introduction and passage shall require the vote of a majority of all members of the school district board of directors.

Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof.

Upon passage of the appropriation resolution the school district shall petition the superintendent of public instruction for approval to increase the amount of its appropriations. Such petition to be made in the format prescribed by the superintendent of public instruction. The request for budget extension document shall be prepared in the format prescribed by the superintendent of public instruction and attached to each copy shall be a copy of the latest budget status report and a copy of the board resolution.

The request for budget extension shall be forwarded to the educational service district for approval by the educational service district superintendent.

If approved, the request for budget extension shall be forwarded by the educational service district to the superintendent of public instruction for final approval. The final date for receiving budget extension requests shall be the close of business on August 31st or the last business day prior to August 31st if August 31st occurs on a nonbusiness day.

Any request for budget extension shall not be approved by the educational service district or the superintendent of public instruction to the extent that the current appropriation has been exceeded prior to the request for budget extension.

Copies of all appropriation resolutions approved by the superintendent of public instruction shall be returned by the superintendent of public instruction to the educational service district. The educational service district shall retain one copy and shall return one copy to the school district.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-072, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.505.090. WSR 93-17-006 (Order 93-12), § 392-123-072, filed 8/5/93, effective 9/5/93. Statutory Authority: RCW 28A.505.140 and H.B. 1224. WSR 92-03-024 (Order 92-02), § 392-123-072, filed 1/7/92, effective 2/7/92. Statutory Authority: RCW 28A.41.170, 28A.65.465 and 28A.41.055. WSR 85-15-110 (Order 85-3), § 392-123-072, filed 7/24/85. Statutory Authority: RCW 28A.65.465. WSR 84-13-021 (Order 84-11), § 392-123-072, filed 6/13/84
WSR 83-21-027 (Order 83-12), § 392-123-072, filed 10/10/83. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-072, filed 9/24/81. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-072, filed 5/13/80
Order 8-76, § 392-123-072, filed 7/23/76.

Wash. Admin. Code § 392-123-073 Budget extensions—Public charter schools.

If in a public charter school it becomes necessary to increase the amount of the appropriation, the charter school board, before incurring expenditures in excess of expenditures therefor, shall adopt a resolution stating the facts and the estimated amount of appropriation to meet it.

Such resolution shall be voted on at a public meeting, notice to be given in the manner provided in WAC 392-123-054. Its introduction and passage shall require the vote of a majority of all members of the charter school board.

Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof.

One copy of all adopted appropriation resolutions shall be filed with the superintendent of public instruction. Another copy shall be filed with the charter school's authorizer, as defined in RCW 28A.710.010. The final date for adopting appropriation resolutions extending budgets shall be the close of business on August 31st or the last business day prior to August 31st if August 31st occurs on a nonbusiness day. Each copy of all appropriation resolutions filed shall have attached a copy of the charter school's latest budget status report. The revised budget shall be in the format prescribed by the superintendent of public instruction and shall be prepared in accordance with instructions provided by the superintendent of public instruction. Any appropriation resolution adopted after the date specified in this section shall be null and void. Any appropriation resolution adopted after the current appropriation level has been exceeded shall be null and void to the extent that the current appropriation level has been exceeded.

The superintendent of public instruction's review of budget extensions shall consist of data entry and edit, review of revenues and reserved and unreserved fund balances for accuracy, appropriateness of expenditures, and determination of whether or not the budget extension is in compliance with this chapter, state statutory law, and budget instructions issued by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-073, filed 8/28/15, effective 9/28/15.

Wash. Admin. Code § 392-123-074 Effective date of appropriation resolutions.

The effective date of appropriation resolutions are as follows:

| | | First-Class Districts | | Second-Class Districts | | Public Charter Schools | | --- | --- | --- | --- | --- | --- | --- | | Resolutions adopted pursuant to WAC 392-123-054. | | 12:00 a.m. September 1. | | 12:00 a.m. September 1 or when approved by the budget review committee, whichever is later. | | 12:00 a.m. September 1. | | Resolutions adopted pursuant to WAC 392-123-071, 392-123-072 and 392-123-073. | | When adopted by the school district board of directors. | | When approved by the superintendent of public instruction. | | When adopted by the charter school board. |

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-074, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.505.140 and H.B. 1224. WSR 92-03-024 (Order 92-02), § 392-123-074, filed 1/7/92, effective 2/7/92. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-074, filed 5/13/80.

Wash. Admin. Code § 392-123-076 Identification of balanced budget.

WAC 392-123-076

For each fund contained in the school district or charter school budget the estimated expenditures for the budgeted fiscal period must not be greater than the total of the estimated revenues for the budgeted fiscal period, plus the estimated fund balance at the beginning of the budgeted fiscal period, less the estimated nonspendable and restricted fund balance at the end of the budgeted fiscal period and, where appropriate, the projected revenue from receivables collectible in future periods as approved by the superintendent of public instruction for inclusion in the budget.

The proceeds of any loan must not be used to balance the budget of the borrowing fund.

When the prior year financial statements are submitted to the superintendent of public instruction, the school district must review their current year budget to determine if actual beginning fund balance amounts result in an unbalanced budget. In any case where the district has adopted a budget that does not have sufficient resources for the fiscal year due to a change in the beginning fund balance, the district must submit a budget extension with the procedures outlined in this chapter.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-076, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-076, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170, 28A.65.465 and 28A.41.055. WSR 85-15-110 (Order 85-3), § 392-123-076, filed 7/24/85. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-076, filed 10/10/83
WSR 80-06-043 (Order 80-16), § 392-123-076, filed 5/13/80
Order 8-76, § 392-123-076, filed 7/23/76.

Wash. Admin. Code § 392-123-077 Termination of appropriations.

All appropriations shall lapse at the end of the school district or charter school fiscal year. At the expiration of said period all appropriations of said period shall become null and void and any claim presented thereafter against any such appropriation for the fiscal period just closed shall be provided for in the appropriations for the ensuing fiscal period.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-077, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-077, filed 5/13/80
Order 8-76, § 392-123-077, filed 7/23/76.

Wash. Admin. Code § 392-123-078 Review of first-class school district budgets and budget revisions.

WAC 392-123-078

Annual budgets of first-class school districts shall be reviewed by the educational service district prior to adoption by the school district board of directors.

The educational service district shall notify each of its first-class school districts of any problems noted during the review prior to adoption of the budget by the school district.

Budgets and budget revisions adopted by first-class school districts shall be reviewed by the educational service district prior to filing these documents with the superintendent of public instruction.

Said reviews shall include, but not be limited to, completion of data entry and edit, review of revenues and the classification of fund balances for accuracy, appropriateness of expenditures and determination of whether or not the budget or budget revision is in compliance with this chapter, state statutory law and budget instructions issued by the superintendent of public instruction.

The educational service district shall notify the district of all problems noted in the review and the due date for correction of the problems. Should the school district fail to meet the due date for correction, the educational service district shall notify the superintendent of public instruction. The superintendent of public instruction shall proceed in the manner prescribed in WAC 392-123-080 through 392-123-105.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-078, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.505.040. WSR 96-09-001 (Order 96-06), § 392-123-078, filed 4/3/96, effective 5/4/96. Statutory Authority: RCW 28A.505.140 and H.B. 1224. WSR 92-03-024 (Order 92-02), § 392-123-078, filed 1/7/92, effective 2/7/92. Statutory Authority: RCW 28A.65.465. WSR 87-15-067 (Order 87-7), § 392-123-078, filed 7/16/87. Statutory Authority: RCW 28A.41.170, 28A.65.465 and 28A.41.055. WSR 85-15-110 (Order 85-3), § 392-123-078, filed 7/24/85. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-078, filed 10/10/83
WSR 80-06-043 (Order 80-16), § 392-123-078, filed 5/13/80.

Wash. Admin. Code § 392-123-079 Review of second-class district budgets and budget revisions.

WAC 392-123-079

Annual budgets of second-class school districts shall be reviewed by the educational service district prior to adoption by the school district board of directors.

Educational service districts shall notify each of its second-class school districts of any problems noted during the review prior to adoption of the budget by the board of directors.

Review of second-class school district adopted budgets shall be performed by the educational service districts. Said reviews shall include, but not be limited to, completion of data entry and edit, review of revenues and the classification of fund balances for accuracy, appropriateness of expenditures and determination of whether or not the budget is in compliance with this chapter, state statutory law, and budget instructions issued by the superintendent of public instruction.

The educational service district will notify the district of all problems noted during the review. The educational service district shall attempt to have the problems corrected prior to submission of the budget to the superintendent of public instruction.

The superintendent of public instruction shall conduct meetings with representatives of the educational service district and/or school district as deemed necessary to correct problems and to fix and approve the amount of appropriation from each fund of the budget as prescribed in RCW 28A.505.070 and WAC 392-123-054.

Review of budget revisions shall consist of data entry and edit, review of revenues and the classification of fund balances for accuracy, appropriateness of expenditures, and determination of whether or not the budget revision is in compliance with this chapter, state statutory law, and budget instructions issued by the superintendent of public instruction. Approval of budget revisions shall be in accordance with WAC 392-123-072.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-079, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.505.040. WSR 96-09-001 (Order 96-06), § 392-123-079, filed 4/3/96, effective 5/4/96. Statutory Authority: RCW 28A.505.140 and H.B. 1224. WSR 92-03-024 (Order 92-02), § 392-123-079, filed 1/7/92, effective 2/7/92. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-079, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170, 28A.65.465 and 28A.41.055. WSR 85-15-110 (Order 85-3), § 392-123-079, filed 7/24/85. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-079, filed 10/10/83. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-079, filed 9/24/81. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-079, filed 5/13/80.

Wash. Admin. Code § 392-123-0795 Review of public charter school budgets.

The superintendent of public instruction shall review a charter school's adopted annual budget following the charter school board's submission of the budget to the superintendent of public instruction and the charter school's authorizer under WAC 392-123-054. The review shall include, but not be limited to, completion of data entry and edit, review of revenues and unreserved fund balances for accuracy, appropriateness of expenditures, and determination of whether or not the budget is in compliance with this chapter, state statutory law, and budget instructions issued by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-0795, filed 8/28/15, effective 9/28/15.

Wash. Admin. Code § 392-123-080 Budget determined to be unsound after superintendent's review.

WAC 392-123-080

If the superintendent of public instruction determines that the budget of any school district to be unsound or does not comply with this chapter and/or the provisions of state statutory law applicable to school district budgets, the superintendent shall provide written notice of such determination to the board of directors of the district.

If the superintendent of public instruction determines that the budget of any charter school to be unsound or does not comply with this chapter and/or the provisions of state statutory law applicable to charter school budgets, the superintendent shall provide written notice of such determination to the charter school board and the charter school's authorizer.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-080, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-080, filed 8/28/15, effective 9/28/15. Order 8-76, § 392-123-080, filed 7/23/76
Order 7-75, § 392-123-080, filed 12/22/75. Formerly WAC 392-30-150.

Wash. Admin. Code § 392-123-095 Budget as noncompliant and unsound.

WAC 392-123-095

A school district shall submit a revised budget within 30 days following the date the superintendent of public instruction issues a written notice requiring the district to do so. The revised budget shall remedy the deficiencies identified by the superintendent of public instruction and shall comply with state statutory law and this chapter.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-095, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-095, filed 10/10/83
WSR 80-06-043 (Order 80-16), § 392-123-095, filed 5/13/80
Order 8-76, § 392-123-095, filed 7/23/76
Order 7-75, § 392-123-095, filed 12/22/75. Formerly WAC 392-30-180.

Wash. Admin. Code § 392-123-100 Revised budget as not submitted or noncompliant.

WAC 392-123-100

If a school district fails or refuses to submit a revised budget at the direction of the superintendent of public instruction which complies with state statutory law and this chapter, the superintendent of public instruction will consult with the educational service district where the district is located to determine whether it is necessary to convene a financial oversight committee in accordance with RCW 28A.315.211.

Written notification of the superintendent's intention to convene a financial oversight committee shall be made to the board of directors and administration of the school district and to the educational service district superintendent.

If a charter school fails or refuses to submit a revised budget at the direction of the superintendent of public instruction which complies with state statutory law and this chapter, the superintendent will provide written notice of the charter school's failure or refusal to the charter school's authorizer.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-100, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-100, filed 8/28/15, effective 9/28/15. Order 8-76, § 392-123-100, filed 7/23/76
Order 7-75, § 392-123-100, filed 12/22/75. Formerly WAC 392-30-190.

Wash. Admin. Code § 392-123-105 Superintendent of public instruction action regarding missing or noncompliant budget.

WAC 392-123-105

Pursuant to RCW 28A.505.090, budgets that are missing or noncompliant shall not be official and will have no legal effect.

During the interim while the budget is being settled, pursuant to RCW 28A.505.140, the board of directors shall not be prohibited from incurring expenditures for the payment of regular employees, for the necessary repairs and upkeep of the school plant, for the purchase of books and supplies, and for their participation in joint purchasing agencies authorized in RCW 28A.320.080.

Any other expenses are considered in excess of appropriations. In accordance with RCW 28A.505.150, directors, officers, or employees who knowingly or negligently violate or participate in the incurring of expenditures in excess of any appropriation(s) shall be held civilly liable, jointly and severally, for such expenditures in excess of such appropriation(s) and be subject to other consequences outlined in that and other statutes and this chapter.

The superintendent of public instruction shall convene a financial oversight committee to meet to adopt a financial plan to operate the district. The plan adopted by the financial oversight committee shall be in effect until a revised budget which complies with state statutory law and this chapter is adopted and submitted by the district.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-105, filed 8/12/26, effective 9/12/26
Order 8-76, § 392-123-105, filed 7/23/76
Order 7-75, § 392-123-105, filed 12/22/75. Formerly WAC 392-30-200.

Wash. Admin. Code § 392-123-110 Monthly financial statements and reports prepared by school district administration.

Monthly financial statements and reports shall be prepared by the administration of each school district or charter school on a monthly basis as required by this chapter. The reports shall contain the most current information available at the time of preparation. The purpose of these financial reports shall be to provide the board of directors of the district or charter school board with certain financial information necessary for the proper financial management of the district or charter school. All monthly reports shall be made available by the administration of a district or charter school to each member of the board of directors of the district or charter school board and to any person or organization upon request pursuant to the policies of the board of directors. A district or charter school shall provide the superintendent of public instruction with any of the required reports upon request.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-110, filed 8/28/15, effective 9/28/15. Order 8-76, § 392-123-110, filed 7/23/76
Order 7-75, § 392-123-110, filed 12/22/75. Formerly WAC 392-30-210.

Wash. Admin. Code § 392-123-115 Monthly budget status reports.

A monthly budget status report for each fund shall be prepared by the administration of each school district and charter school; and a copy of the most current budget status reports shall be provided to each member of the board of directors of the district or charter school board at the board's regular monthly meeting. The report shall contain the most current approved budget amounts by summary level accounts and the fund balance at the beginning and end of the period being analyzed. State Form F-198, which is entitled "budget status report," is an example of the type and level of information necessary for this report. Also, as a part of the budget status report, the administration shall provide each member of the board of directors or charter school board with a brief written explanation of any significant deviations in revenue and/or expenditure projections that may affect the financial status of the district or charter school. If deemed necessary by the superintendent of public instruction, and upon written notice to the district or charter school by the superintendent of public instruction, (1) a school district shall file a monthly budget status report for one or more funds along with other financial information shall be filed with either the educational service district superintendent or the superintendent of public instruction or both for the period of time set forth in such notice, or (2) a charter school shall file a monthly budget status report for one or more funds along with other financial information with the superintendent of public instruction for the period of time set forth in such notice.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-115, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.505.140 and H.B. 1224. WSR 92-03-024 (Order 92-02), § 392-123-115, filed 1/7/92, effective 2/7/92. Statutory Authority: RCW 28A.41.170, 28A.65.465 and 28A.41.055. WSR 85-15-110 (Order 85-3), § 392-123-115, filed 7/24/85. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-115, filed 10/10/83. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-115, filed 9/24/81. Statutory Authority: RCW 28A.65.465. WSR 80-06-043 (Order 80-16), § 392-123-115, filed 5/13/80
Order 8-76, § 392-123-115, filed 7/23/76
Order 7-75, § 392-123-115, filed 12/22/75. Formerly WAC 392-30-220.

Wash. Admin. Code § 392-123-120 Statement of financial condition—Financial position of the school district.

The administration of each school district and charter school shall be required to provide the board of directors of the district or charter school board with a statement of financial condition monthly. The "statement of revenues, expenditures and changes in fund balance" in state Form F-196, is an example of the type of format and level of information necessary for this report.

Subject to timely reporting requirements in chapter 392-117 WAC, the district board of directors or charter school board shall be required to provide the superintendent of public instruction with an annual statement of financial condition in the format of state Form F-196. The data will be used by the superintendent to determine whether it is reasonably foreseeable and likely that the district will have to report a deficit general fund balance. Per RCW 28A.315.025, a deficit general fund balance is an indicator of financial insolvency and subjects the district or charter school to potential conditions which would become binding upon the district or charter school.

History

Statutory Authority: RCW 28A.150.290, 28A.505.140, 28A.710.040, and 28A.710.220. WSR 25-03-078, s 392-123-120, filed 1/15/25, effective 2/15/25. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-120, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.505.140 and H.B. 1224. WSR 92-03-024 (Order 92-02), § 392-123-120, filed 1/7/92, effective 2/7/92. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-120, filed 10/10/83. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-120, filed 9/24/81
Order 8-76, § 392-123-120, filed 7/23/76
Order 7-75, § 392-123-120, filed 12/22/75. Formerly WAC 392-30-230.

Wash. Admin. Code § 392-123-121 Financial condition determined to be unsound after superintendent's review.

WAC 392-123-121

(1) At any time during the year, the superintendent of public instruction may require districts to submit monthly financial statements, budget status reports, and other financial information to determine if the adopted budget is in compliance with applicable laws and regulations. This includes, but is not limited to, assessment of:

(a) Whether the district budget is balanced after adjusting the estimated fund balance at the beginning of the budgeted fiscal year to the actual beginning fund balance;

(b) Whether the district budget is balanced after adjusting for actual enrollment; and

(c) Whether the district budget is balanced after adjusting for changes in contracts or other significant expenditure assumptions.

(2) If the superintendent of public instruction determines that the financial information provided by the district indicates that the district budget is not balanced and will either end in a negative position in any fund or will require budgeting receivables from a subsequent period to be in balance, the superintendent will provide written notice to the superintendent of the school district, the board president of the school district, and the superintendent of the appropriate educational service district. This notice will summarize:

(a) The condition identified in the assessment;

(b) The cause identified that led to the condition identified; and

(c) The date which the school board must submit a revised budget to the educational service district and the office of the superintendent of public instruction for review and approval; and

(d) The date which the school board must submit a two-year financial plan.

(3) If the district submits a revised budget for review that requires the use of receivables collectible in future years to balance the budget, the superintendent will only grant permission in writing with specific binding conditions designed to improve the district's financial health.

(4) If the district:

(a) Does not submit a revised budget; or

(b) The financial plan submitted by the district demonstrates that the district will not have an adequate fund balance at the end of the plan period or will be financially insolvent in accordance with RCW 28A.315.025.

The office of the superintendent of public instruction will consult with the educational service district where the district is located and convene a financial oversight committee in accordance with RCW 28A.315.221.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-121, filed 8/12/26, effective 9/12/26.

Wash. Admin. Code § 392-123-125 Personnel budget status report.

Each school district and charter school shall maintain the capability to prepare a monthly personnel status report according to the schedule set forth for monthly budget status reports in WAC 392-123-115. This report shall display the combined responsibilities of the district's or charter school's administrative staff for personnel management and budget control and shall indicate the status of expenditures and commitments for salaries and wages. The report shall also indicate the number of certificated and classified positions planned in the budget and the amount of funds budgeted for those positions, summarized by program and/or responsibility area. The number of positions actually filled and the amount of funds actually expended and encumbered in support of these positions shall also be displayed in a manner that can be compared with budget. Any significant variance between budgeted positions and actual should be explained. The personnel budget status report shall be provided to the superintendent of public instruction or the board of directors of the district or charter school board within ten days from the date of such request from either the superintendent or board. A district's board of directors or a charter school board may use the personnel status report in conjunction with a monthly budget status report and the statement of financial condition to manage the financial position of the district.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-125, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170, 28A.65.465 and 28A.41.055. WSR 85-15-110 (Order 85-3), § 392-123-125, filed 7/24/85
WSR 81-20-007 (Order 81-18), § 392-123-125, filed 9/24/81
Order 8-76, § 392-123-125, filed 7/23/76
Order 7-75, § 392-123-125, filed 12/22/75. Formerly WAC 392-30-240.

Wash. Admin. Code § 392-123-132 Reconciliation of monthly county treasurers' statements to district records.

Every school district shall reconcile amounts reported by the county treasurer with the district records for all funds. Any differences shall be noted and adjustments to school district records shall be made if necessary.

History

Statutory Authority: RCW 28A.150.290(2). WSR 12-09-005, § 392-123-132, filed 4/5/12, effective 5/6/12
Order 8-76, § 392-123-132, filed 7/23/76.

Wash. Admin. Code § 392-123-135 Interfund loans—Definition.

An interfund loan is considered to be a temporary loan of moneys between one school district fund and another. An interfund loan is not considered to be an investment pursuant to the provisions of RCW 28A.320.320.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-135, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-135, filed 7/19/90, effective 8/19/90
Order 8-76, § 392-123-135, filed 7/23/76
Order 7-75, § 392-123-135, filed 12/22/75. Formerly WAC 392-30-260.

Wash. Admin. Code § 392-123-140 Interfund loans allowable.

(1) Loans are allowable to the general fund, the transportation vehicle fund, the capital projects fund, and the debt service fund of school districts.

(2) Loans are allowable from the general fund and the capital projects fund. For school districts subject to official binding conditions by the superintendent of public instruction and facing financial insolvency, loans are allowable from the transportation vehicle fund to the general fund, the capital projects fund, and the debt service fund.

(a) WAC 392-123-135 through 392-123-160 also apply to loans from the transportation vehicle fund.

(b) Loans from the transportation vehicle fund are subject to final approval by the superintendent of public instruction. Districts must submit approved copies of board resolutions with all required information to the superintendent of public instruction five working days prior to the planned interfund loan.

(3) Loans shall not be made to the detriment of any function or project for which the fund was established.

History

Statutory Authority: RCW 28A.150.290, 28A.710.220, and 28A.315.221. WSR 25-24-001, s 392-123-140, filed 11/19/25, effective 12/20/25. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-140, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-140, filed 10/10/83
WSR 82-19-048 (Order 82-13), § 392-123-140, filed 9/14/82. Statutory Authority: RCW 28A.41.170, 28A.41.055 and 28A.65.465. WSR 81-20-007 (Order 81-18), § 392-123-140, filed 9/24/81
Order 8-76, § 392-123-140, filed 7/23/76
Order 7-75, § 392-123-140, filed 12/22/75. Formerly WAC 392-30-270.

Wash. Admin. Code § 392-123-141 Effective date.

Amendatory sections WAC 392-123-005, 392-123-010, 392-123-051, 392-123-054, 392-123-055, 392-123-071, 392-123-072, 392-123-079, 392-123-115, 392-123-120, 392-123-125 and 392-123-140 shall become effective on September 1, 1981.

Reviser's note: The effective date referred to in this section applies to Emergency Order 81-6, filed July 22, 1981, as published in Washington State Register 81-15-086.

Wash. Admin. Code § 392-123-145 Interfund loans—Identification of temporary loans.

A temporary loan is considered to be a loan which is completely liquidated in less than one year.

History

Statutory Authority: RCW 28A.65.465. WSR 87-09-019 (Order 87-3), § 392-123-145, filed 4/6/87
Order 8-76, § 392-123-145, filed 7/23/76
Order 7-75, § 392-123-145, filed 12/22/75. Formerly WAC 392-30-280.

Wash. Admin. Code § 392-123-150 Interfund loans—Payment of interest.

WAC 392-123-150

(1) Interest shall be charged by the loaning fund to be paid by the borrowing fund. The rate of interest shall be not less than the current warrant interest rate prevailing in the county in which the school district is considered to be located. The interest shall be credited to the loaning fund and shall not be transferred to any other fund.

(2) When a school district that is in binding conditions pursuant to RCW 28A.505.110 or under enhanced financial oversight pursuant to RCW 28A.315.221 takes a temporary interfund loan from its capital projects fund, the loaning capital projects fund may not charge interest on the amounts loaned.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-150, filed 8/12/26, effective 9/12/26
Order 8-76, § 392-123-150, filed 7/23/76
Order 7-75, § 392-123-150, filed 12/22/75. Formerly WAC 392-30-290.

Wash. Admin. Code § 392-123-155 Interfund loans—Full disclosure on financial statements.

Financial reports of each school district, including the monthly financial reports provided to the board of directors of the district, shall specify all outstanding interfund loans and all interest charges involved. The proceeds of any interfund loan shall not be used to balance the budget of the borrowing fund.

History

Order 8-76, § 392-123-155, filed 7/23/76
Order 7-75, § 392-123-155, filed 12/22/75. Formerly WAC 392-30-300.

Wash. Admin. Code § 392-123-160 Interfund loans—Board resolution adopted—Contents.

The board of directors of a school district shall adopt a resolution before any interfund loan transaction may take place. The resolution shall contain the exact amount of the loan, the funds involved, the specific source of funds for repayment, the schedule for repayment, and the interest rate involved.

History

Order 8-76, § 392-123-160, filed 7/23/76
Order 7-75, § 392-123-160, filed 12/22/75. Formerly WAC 392-30-310.

Wash. Admin. Code § 392-123-165 Contractual liability extending beyond end of fiscal period.

The board of directors of any school district may enter into contracts for their respective districts with public and private persons, organizations, and entities for the following purposes:

(1) To rent or lease building space and portable buildings for periods not exceeding ten years in duration; and

(2) To rent security systems, computers, and other equipment or have maintained and repaired security systems, computers and other equipment for periods not exceeding five years in duration.

The budget for each fund of each school district shall contain a schedule which identifies that portion of each contractual liability incurred pursuant to RCW 28A.335.170 which extends beyond the fiscal period being budgeted. Said schedule shall list for each such contractual liability a brief description, the accounting code, the beginning and ending dates, the total dollar amount, and the estimated dollar amount extending beyond the end of the fiscal period being budgeted.

History

Statutory Authority: RCW 28A.335.170. WSR 15-17-072, § 392-123-165, filed 8/17/15, effective 9/17/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-165, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.65.465 and 28A.58.131. WSR 78-08-035 (Order 4-78), § 392-123-165, filed 7/18/78.

Wash. Admin. Code § 392-123-170 Proceeds from the sale of school district real property.

Pursuant to RCW 28A.335.130 the proceeds from any sale of school district real property by a board of directors shall be deposited to the debt service fund and/or the capital projects fund, except for amounts required to be expended for the costs associated with the sale of such property, which moneys may be deposited into the fund from which the expenditure was incurred.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-170, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-170, filed 10/10/83.

Wash. Admin. Code § 392-123-171 Proceeds from the sale of school district real property when the district is subject to binding conditions.

WAC 392-123-171

(1) A school district that is subject to binding conditions designed to improve the district's financial stability may request from the superintendent authorization to sell real property to alleviate the financial burdens that caused or contributed to the imposition of binding conditions or to repay an interfund loan.

(2) Districts must submit a written request to the superintendent of public instruction that includes the following:

(a) The legal and common property description of the real property proposed for sale.

(b) An estimate of the property value.

(d) A request for the amount that would be redirected for use to repay an interfund loan.

(e) A request for the amount that would be redirected to alleviate the financial burden that caused or contributed to the binding conditions.

(f) A date that the real property was declared surplus and a copy of the approved board resolution.

(g) An acknowledgment that the district will be prohibited from any further sales of real property for this purpose for a minimum of 10 years.

(3) The superintendent of public instruction will review the request and notify the district superintendent and board of the decision in writing. If approved, the district will hold one additional public hearing prior to approving a resolution authorizing the sale of real property.

(4) Pursuant to RCW 28A.335.135, any proceeds from the sale of real property permitted by the superintendent of public instruction to be utilized to alleviate financial burdens are restricted for use to the following purposes:

(a) To address costs associated with unanticipated actual changes in annual average full-time equivalent enrollment that exceed 2.5 percent from the prior school year.

(b) For temporary cash flow needs in the general fund within the school year.

(d) To repay an interfund loan.

(e) For one-time expenses as preapproved by the office of the superintendent of public instruction.

(5) A school district will not use the proceeds provided from the sale of real property for ongoing salaries or benefits.

History

Statutory Authority: 2025 c 384, RCW 28A.65.465, 28A.150.290, 28A.335.135, 28A.505.040, 28A.505.090, 28A.505.140, and 28A.710.220. WSR 26-17-043, s 392-123-171, filed 8/12/26, effective 9/12/26.

Wash. Admin. Code § 392-123-175 Proceeds from the lease, rental or occasional use of surplus property.

Pursuant to RCW 28A.335.060 each school district's board of directors shall deposit moneys derived from the lease, rental or occasional use of surplus school property as follows:

(1) Moneys derived from real property shall be deposited into the district's debt service fund and/or capital projects fund except for:

(a) Moneys required to be expended for general maintenance, utility, insurance costs, and any other costs associated with the lease or rental of such property, which money shall be deposited in the district's general fund; or

(b) At the option of the board, after evaluating the sufficiency of the school district's capital projects fund for purposes of meeting demands for new construction and improvements, moneys derived from the lease or rental of real property may be deposited into the district's general fund to be used exclusively for nonrecurring costs related to operating school facilities, including, but not limited to, expenses for maintenance;

(2) Moneys derived from pupil transportation vehicles shall be deposited in the district's transportation vehicle fund;

(3) Moneys derived from other personal property shall be deposited in the district's general fund.

History

Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-178, § 392-123-175, filed 8/23/05, effective 9/23/05. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-175, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-175, filed 10/10/83.

Wash. Admin. Code § 392-123-180 Bond proceeds.

Money derived from the sale of bonds, including interest earnings thereof, shall be deposited in the capital projects fund, the transportation vehicle fund, the general fund, or the debt service fund, as applicable, and may only be used by school districts for the purposes as enumerated in RCW 28A.530.010.

Accrued interest paid for bonds sold shall be deposited in the debt service fund.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-123-180, filed 8/28/15, effective 9/28/15. Statutory Authority: Chapter 28A.530 RCW and HB 1224. WSR 91-23-043 (Order 26), § 392-123-180, filed 11/14/91, effective 12/15/91. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-123-180, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.65.465. WSR 83-21-027 (Order 83-12), § 392-123-180, filed 10/10/83.

Chapter 392-124 Finance—National Guard youth challenge apportionment.

Wash. Admin. Code § 392-124-005 Authority.

The authority for this chapter is RCW 28A.300.165 which authorizes the superintendent of public instruction to adopt rules and regulations for the implementation of chapter 28A.150 RCW.

History

Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-005, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-010 Purpose.

The purpose of this chapter is to establish policies and procedures for the distribution of state moneys to school districts or state agencies for the National Guard youth challenge program authorized by RCW 28A.150.310.

History

Statutory Authority: RCW 28A.150.290(1). WSR 13-05-051, § 392-124-010, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-010, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-020 Definition—National Guard youth challenge.

National Guard youth challenge means an alternative program that is operated in conjunction with the military department as defined in 2SHB 1646 in the 2002 legislative session. For the purposes of funding, the National Guard youth challenge program shall be defined as a separate and unique entity.

History

Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-020, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-030 Definition—State average rate.

For the purpose of this chapter, the state average rate for basic and vocational programs shall be those rates established annually for the running start program.

History

Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-030, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-035 Definition—State average rate free and reduced price lunch program.

For the purpose of this chapter, the state average rate for the free and reduced price lunch program shall be the statewide average of all students of all districts participating in the free and reduced price lunch program as reported to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-035, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-040 Definition—Form P-223YC.

"Form P-223YC" means the report of enrollment for students enrolled in a National Guard youth challenge program submitted monthly by the hosting school district(s) or state agency to the superintendent of public instruction for the school year for the purpose of calculating the program allocations.

The count dates for the National Guard youth challenge program shall be:

(1) The fourth day of school in the months of January and July, or the start of the term of the educational program; and

(2) The first day of school in the months of February through June and the months of August through December.

History

Statutory Authority: RCW 28A.150.290(1). WSR 13-05-051, § 392-124-040, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-040, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-050 Definition—Full-time equivalency.

For the purposes of this chapter, full-time equivalency is calculated as a 1.0 FTE for every one hundred hours of instruction each month in a course of study as defined in WAC 392-121-107, a course of study shall encompass that instruction which will generate credit towards a high school diploma when successfully completed. Students who participate in more than one hundred hours may be counted for more than a 1.0 FTE. FTE shall be rounded to two decimal places (e.g., 1.725 would be reported as 1.73).

History

Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-050, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-060 Definition—Annual average full-time equivalency.

For the purposes of this chapter, annual average full-time equivalency shall be calculated by taking the annual total of full-time equivalent students enrolled on the twelve count dates of the school year and reported to the superintendent of public instruction Form P-223YC for the months of September through August divided by ten. This calculation applies to the reporting of basic education and vocational students.

History

Statutory Authority: RCW 28A.150.290(1). WSR 13-05-051, § 392-124-060, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-060, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-070 Definition—Headcount.

For the purposes of this chapter students may be counted for a maximum of one headcount for basic education, special education, or bilingual education. A student who participates in more than one of these educational opportunities shall be counted for a maximum of one headcount under each separate category.

History

Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-070, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-080 Definition—Annual average headcount.

For the purposes of this chapter, annual average headcount shall be calculated by taking the annual total of the monthly headcounts as reported on Form P-223YC for the months of September through August divided by ten. This calculation applies to the reporting of basic education, special education, and bilingual education students.

History

Statutory Authority: RCW 28A.150.290(1). WSR 13-05-051, § 392-124-080, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-080, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-090 Definition—Eligible student.

An eligible student shall be one who:

(1) Is likely to be expelled or is enrolled in a school district but has been suspended;

(2) Is academically at risk; or

(3) Has been subject to repeated disciplinary actions due to behavioral problems.

History

Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-090, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-100 Definition—Apportionment.

Apportionment shall be paid to the school district or state agency operating the National Guard youth challenge program pursuant to chapter 28A.510 RCW.

History

Statutory Authority: RCW 28A.150.290(1). WSR 13-05-051, § 392-124-100, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-100, filed 10/9/09, effective 11/9/09.

Wash. Admin. Code § 392-124-110 Definition—Apportionment allocation.

The apportionment allocation shall be based and made consistent with state funding formulas with the following items set as:

(1) The basic education funding rate shall be the basic state average rate as defined in WAC 392-124-030.

(2) The vocational education funding rate shall be the vocational state average rate as defined in WAC 392-124-030.

(3) The special education rate shall be 93.09% of the basic state average rate as defined in WAC 392-124-030 with the number of funded special education headcount limited to 12.7% of the reported basic education headcount.

(4) Funding under the following categorical programs shall use the legislative provided formulas and rates. Categorical programs are subject to legislative allotment and program standards and include:

(a) Highly capable;

(b) Bilingual;

(5) Funding for categorical programs and vocational education is subject to program approval by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.150.290(1). WSR 13-05-051, § 392-124-110, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.310. WSR 09-21-020, § 392-124-110, filed 10/9/09, effective 11/9/09.

Chapter 392-125 Finance—Educational service district budgeting.

Wash. Admin. Code § 392-125-003 Authority.

The authority for this chapter is RCW 28A.310.330 which authorizes the superintendent of public instruction to promulgate rules and regulations for the adoption of budgeting procedures for educational service districts modeled after the statutory procedure for school districts.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-125-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.21.135. WSR 84-13-022 (Order 84-12), § 392-125-003, filed 6/13/84.

Wash. Admin. Code § 392-125-005 Purposes.

The purposes of this chapter are to implement RCW 28A.310.330 through 28A.310.460 and establish budgeting procedures governing educational service districts.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-125-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.21.135 et seq. WSR 79-07-005 (Order 1-79), § 392-125-005, filed 6/7/79
Order 8-76, § 392-125-005, filed 7/23/76
Order 7-75, § 392-125-005, filed 12/22/75. Formerly WAC 392-31-010.

Wash. Admin. Code § 392-125-010 Principles of accounting.

In all cases, the budgeting and accounting systems of educational service districts shall be governed by generally accepted accounting principles modified where necessary by statute and/or this chapter. The Accounting Manual for Educational Service Districts shall govern the accounting system of educational service districts and is hereby incorporated into this chapter by this reference. Prior to any revision thereof, the superintendent of public instruction shall publish notice of such proposed action and shall hold at least one public hearing.

History

Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-177, § 392-125-010, filed 8/23/05, effective 9/23/05. Statutory Authority: RCW 28A.21.135. WSR 81-19-007 (Order 81-19), § 392-125-010, filed 9/4/81
Order 8-76, § 392-125-010, filed 7/23/76
Order 7-75, § 392-125-010, filed 12/22/75. Formerly WAC 392-31-020.

Wash. Admin. Code § 392-125-011 Basis of budgeting and accounting.

Revenue and expenditures shall be recognized on the accrual basis.

History

Statutory Authority: RCW 28A.21.135. WSR 84-13-022 (Order 84-12), § 392-125-011, filed 6/13/84
WSR 81-19-007 (Order 81-19), § 392-125-011, filed 9/4/81.

Wash. Admin. Code § 392-125-012 Definitions—Revenue, accrual basis expenditures, cash basis expenditures, appropriation, and disbursements.

As used in this chapter, the term:

(1) "Revenue" shall mean an addition to assets of a fund of an educational service district during a fiscal period that is available to finance the funds' expenditures during the fiscal period. Revenue does not accompany the increase of liabilities or represent refunds of previous disbursements. Revenue may be in the form of cash, or in the form of noncash assets such as donated commodities. Revenue is limited to amounts received in cash or noncash donations, plus or minus adjustments for revenue accruals.

(2) "Cash basis revenue" shall mean the actual receipt of revenue not adjusted for revenue accruals.

Revenue accruals, if they meet both tests include: Reimbursements on categorical grants for which expenditures have been made but payment has not been received; payments from school districts that are due, but are not collected by the end of the fiscal period; and rental or lease payments that are currently due, and there is reasonable assurance of payment.

(4) "Expenditures" shall mean the decrease in assets with no corresponding decrease in liabilities, or the increase in liabilities with no corresponding increase in assets.

(5) "Expenditure refunds" shall mean the increase in assets with a corresponding decrease in expenditures.

(6) "Revenue refunds" shall mean the increase in liabilities with a corresponding decrease in revenues.

(7) "Liabilities" shall mean debt or other legal obligations arising out of transactions in the past which are payable but not necessarily due.

(8) "Accrual basis expenditures" shall mean expenditures incurred during a given fiscal period, whether paid or unpaid.

(9) "Cash basis expenditures" shall mean the disbursement of cash for expenditures during a given fiscal period regardless of when liabilities are incurred, and the disbursement of inventory.

(10) "Appropriation" shall mean the maximum authorization during a given fiscal period to incur expenditures.

(11) "Disbursements" shall mean payments in cash, including the issuance of warrants, and the issuance of inventory.

History

Statutory Authority: RCW 28A.21.135. WSR 85-15-111 (Order 85-4), § 392-125-012, filed 7/24/85
WSR 84-13-022 (Order 84-12), § 392-125-012, filed 6/13/84.

Wash. Admin. Code § 392-125-014 Educational service district fiscal year.

The following fiscal years shall be established for educational service districts and shall apply to all governmental, proprietary, and fiduciary fund entities, including all account groups under the jurisdiction of the educational service district board of directors:

There shall be a twelve-month fiscal period of July 1, 1990, through June 30, 1991, for the 1990-1991 fiscal year.

For July and August 1991 there shall be a two-month fiscal period with a budget for this two-month period to be prepared by May 10, 1991.

For fiscal year 1991-1992 there shall be a twelve-month fiscal period beginning September 1, 1991, and ending on August 31, 1992, with a budget to be prepared by July 10, 1991.

For every fiscal year thereafter, a twelve-month fiscal period shall begin on September 1 and end on August 31 with an annual budget to be prepared by July 10th.

History

Statutory Authority: RCW 28A.310.330. WSR 91-07-063 (Order 91-05), § 392-125-014, filed 3/20/91, effective 4/20/91.

Wash. Admin. Code § 392-125-015 Budgets required.

Each educational service district shall prepare in accordance with this chapter and instructions from the superintendent of public instruction a complete general expense fund budget for each fiscal year of operation. An incomplete budget shall be considered null and void and shall not be an appropriation. The annual budget shall be prepared in the format prescribed by the superintendent of public instruction which will reflect the approved core funding formula pursuant to WAC 392-125-036, and shall receive all necessary approvals, and shall be filed with the proper officials in order to constitute an official budget and appropriation for each fiscal year. The superintendent may require a second or revised budget at any time the financial situation is deemed to warrant a revised budget.

History

Statutory Authority: RCW 28A.310.330. WSR 91-07-063 (Order 91-05), § 392-125-015, filed 3/20/91, effective 4/20/91. Statutory Authority: RCW 28A.21.135. WSR 85-15-111 (Order 85-4), § 392-125-015, filed 7/24/85
WSR 81-19-007 (Order 81-19), § 392-125-015, filed 9/4/81. Statutory Authority: RCW 28A.21.135 et seq. WSR 79-07-005 (Order 1-79), § 392-125-015, filed 6/7/79
Order 8-76, § 392-125-015, filed 7/23/76
Order 7-75, § 392-125-015, filed 12/22/75. Formerly WAC 392-31-030.

Wash. Admin. Code § 392-125-020 Budget preparation, hearing and adoption.

Each educational service district shall prepare a budget for the operation of the educational service district for the ensuing fiscal year and following completion of the budget, shall publish a notice stating that the budget is completed and placed on file in the district headquarters office with copies available for any interested person or organization. The notice shall state the date, time, and place the educational service district board will meet for the purpose of fixing and adopting the budget of the district for the ensuing fiscal year. The notice shall also state that any person may appear during the meeting and be heard for or against any part of such budget. The notice shall be published once each week for two consecutive weeks following the completion of the budget in a newspaper of general circulation in the district.

An educational service district board shall secure the signature of the chairman of the superintendents' advisory committee as an indication that the budget has been reviewed by the committee. At the conclusion of the hearing which shall not exceed two days, the board of directors shall adopt the budget by resolution. After the budget has been adopted by the board at the public hearing, two certified copies shall be forwarded to the superintendent of public instruction in order that the superintendent may revise and fix the budget according to statute.

History

Statutory Authority: RCW 28A.310.330. WSR 91-07-063 (Order 91-05), § 392-125-020, filed 3/20/91, effective 4/20/91. Statutory Authority: RCW 28A.21.135. WSR 85-15-111 (Order 85-4), § 392-125-020, filed 7/24/85
WSR 84-13-022 (Order 84-12), § 392-125-020, filed 6/13/84
WSR 81-19-007 (Order 81-19), § 392-125-020, filed 9/4/81
Order 8-76, § 392-125-020, filed 7/23/76
Order 7-75, § 392-125-020, filed 12/22/75. Formerly WAC 392-31-040.

Wash. Admin. Code § 392-125-025 Budget approval.

The superintendent of public instruction shall revise and fix the annual budget of each educational service district, establish the appropriation and return one approved copy of the budget to the district.

History

Statutory Authority: RCW 28A.310.330. WSR 91-07-063 (Order 91-05), § 392-125-025, filed 3/20/91, effective 4/20/91. Statutory Authority: RCW 28A.21.135. WSR 84-13-022 (Order 84-12), § 392-125-025, filed 6/13/84
Order 8-76, § 392-125-025, filed 7/23/76
Order 7-75, § 392-125-025, filed 12/22/75. Formerly WAC 392-31-050.

Wash. Admin. Code § 392-125-026 July and August 1991 budget.

In order to implement a change in fiscal years, a short fiscal period shall exist from July 1, 1991, through August 31, 1991.

(1) Budgets for the period July 1, 1991, through August 31, 1991, shall be prepared and adopted in the format provided by the office of the superintendent of public instruction. The budget classifications shall be in accordance with the latest revised accounting manual for educational service districts published by the office of the superintendent of public instruction.

(2) The revenue section of said budget shall set forth the estimated revenues from all sources for said period and the probable fund balance available at the close of the 1990-1991 fiscal year.

(3) The expenditure section of said budget shall set forth by detailed items or classes the estimated expenditures for said period.

History

Statutory Authority: RCW 28A.310.330. WSR 91-07-063 (Order 91-05), § 392-125-026, filed 3/20/91, effective 4/20/91.

Wash. Admin. Code § 392-125-027 Time schedule for July and August 1991 budget process.

The time schedule for preparation, adoption, and filing of the July and August 1991 budget is as follows:

| On or Before | Requirement | | --- | --- | | May 10 | Final date for board to prepare budget for July and August 1991. Immediately thereafter publish notice of the completion of the budget as provided in WAC 392-125-020. | | 14 days preceding public hearing | Copies of budget made available to interested citizens. | | June 3, 1991 | Final date for board in public hearing to fix and adopt the budget. (The maximum time for this hearing is two days.) | | Conclusion of hearing | Board resolution to adopt budget (obtain signature of chairman of superintendents' advisory committee). | | June 6, 1991 | Forward two properly signed copies of budget to superintendent of public instruction. | | June 28, 1991 | Superintendent revises, fixes and approves budget and returns one copy to the district. |

History

Statutory Authority: RCW 28A.310.330. WSR 91-07-063 (Order 91-05), § 392-125-027, filed 3/20/91, effective 4/20/91.

Wash. Admin. Code § 392-125-030 Time schedule for fiscal year 1991-1992 budget process and for every fiscal year thereafter.

The time schedule for preparation, adoption, and filing of the fiscal year 1991-1992 annual budget and the budget for every year thereafter is as follows: If the superintendent of public instruction deems it necessary to request a second and revised budget, the timing of the process shall be similar and shall be outlined specifically in the request.

| On or Before | Requirement | | --- | --- | | July 10 | Final date for board to prepare budget. Immediately thereafter publish notice of the completion of the budget as provided in WAC 392-125-020. | | July 15 | Copies of budget made available to interested citizens. | | August 1 | Final date for board in public hearing to fix and adopt the budget. (The maximum time for this hearing is two days.) | | Conclusion of hearing | Board resolution to adopt budget (obtain signature of chairman of superintendents' advisory committee). | | August 3 | Forward two properly signed copies of budget to superintendent of public instruction. | | August 31 | Superintendent revises, fixes and approves budget and returns one copy to the district. |

History

Statutory Authority: RCW 28A.310.330. WSR 91-07-063 (Order 91-05), § 392-125-030, filed 3/20/91, effective 4/20/91. Statutory Authority: RCW 28A.21.135. WSR 85-15-111 (Order 85-4), § 392-125-030, filed 7/24/85
WSR 84-13-022 (Order 84-12), § 392-125-030, filed 6/13/84
Order 8-76, § 392-125-030, filed 7/23/76
Order 7-75, § 392-125-030, filed 12/22/75. Formerly WAC 392-31-060.

Wash. Admin. Code § 392-125-035 Budget content.

(1) The budget prepared by an educational service district shall set forth the complete financial program and consider all activities of the district for the ensuing fiscal year in detailed expenditures by program and the sources of revenue from which it is to be financed.

(2) The revenue section of a budget shall set forth the estimated revenue from all sources for the ensuing fiscal year, the estimated revenue for the fiscal year current at the time of the budget preparation, the actual revenue for the last completed fiscal year, and the reserved and unreserved fund balances. The estimated revenues from all sources for the ensuing fiscal year shall not include any revenue not anticipated to be available during that fiscal year.

(3) The expenditure section of the budget shall set forth budgeted expenditures for the ensuing fiscal year, budgeted expenditures for the current fiscal year, and the actual expenditures for the last completed fiscal year. Expenditures shall be displayed by program, activity, and object of expenditure. Total salary amounts, full-time equivalents and the high, low, and average annual salaries shall be displayed by each job classification within each activity within each program. If individual salaries within each position title are not displayed, districts shall provide individual salaries together with the position title of the recipient and the total salary amounts budgeted for each program upon request. Salary schedules shall be displayed. In districts where negotiations have not been completed, the district may budget the salaries at the current year's rate and restrict fund balance for the amount of anticipated increase in salaries, so long as an explanation shall be attached to the budget on such restriction of fund balance.

The salary exhibits shall be divided into two major groupings with subtotals which agree with the object of expenditure detail in the budget. The two groupings are certificated and classified.

(4) All pertinent items on the budget form shall be completed correctly before the budget is presented for hearing, review, and approval. Information pertaining to budget development which is not available at the time of budget preparation shall be estimated using the most current and reliable information available.

History

Statutory Authority: RCW 28A.21.135. WSR 85-15-111 (Order 85-4), § 392-125-035, filed 7/24/85
WSR 84-13-022 (Order 84-12), § 392-125-035, filed 6/13/84
WSR 80-06-042 (Order 80-15), § 392-125-035, filed 5/13/80. Statutory Authority: RCW 28A.21.135 et seq. WSR 79-07-005 (Order 1-79), § 392-125-035, filed 6/7/79
Order 8-76, § 392-125-035, filed 7/23/76
Order 7-75, § 392-125-035, filed 12/22/75. Formerly WAC 392-31-070.

Wash. Admin. Code § 392-125-036 Core services funding formula.

(1) The superintendent of public instruction shall biennially review and adopt the core services funding formula for educational service districts based upon RCW 28A.310.340, 28A.310.350 and the considerations set forth in this section.

(2) The core services funding formula shall be established to identify basic, uniform services to be provided to school districts and to the superintendent of public instruction by educational service districts.

(3) The core funding formula provides for the equalization of services by educational service districts based on geographical features, number and size of districts served, and facility requirements.

(4) All educational service districts shall be allocated the following positions without regard to size:

(a) Superintendent;

(b) Executive secretary;

(d) Internal accountant;

(e) Secretary; and

(f) Certification clerk.

(5) All other positions in addition to those specified in subsection (4) of this section, both professional and clerical, shall be allocated on the basis of workload, e.g., total number of school districts, number of second-class school districts, number of online computer reports required. These positions shall be allocated to the educational service districts in the following manner:

(a) To provide fiscal office support to school districts most in need, allocations shall be based on the number of second-class school districts served.

(b) In the case of terminal operators, allocation shall be on a workload basis associated with the amount of hours required to process state reports.

(c) The level of curriculum and instruction services provided by educational service districts shall be based on the number of school districts served, regardless of district enrollment.

(6) Travel expenses shall be based on a mileage factor calculated for each educational service district. The factor shall be calculated by measuring the distance between each school district headquarters and the respective educational service district headquarters and obtaining the total mileage for the educational service district. The total mileage shall be multiplied by the number of professional staff allocated to the respective educational service district. The product shall then be multiplied by a standard dollar amount to be determined by the superintendent of public instruction after consultation with the Educational Service District Superintendents' Association.

(7) The expenses of board members shall be provided for in the formula by allocating a dollar amount to be determined by the superintendent of public instruction after consultation with the Educational Service District Superintendents' Association for each educational service district board member.

(8) Maintenance and operation expenditures shall be provided in the formula by allocating a dollar amount to be determined by the superintendent of public instruction after consultation with the Educational Service District Superintendents' Association for each core staff position.

(9) The annual housing costs for each educational service district shall be agreed upon by the educational service district superintendents and approved by the superintendent of public instruction or his or her designee.

(10) Total compensation of core positions shall be allocated in accordance with the state biennial appropriations act.

(11) Unique situations may dictate exceptions to the formula which shall be recommended by the Educational Service District Superintendents' Association and approved by the superintendent of public instruction or his or her designee.

(12) The elements set forth in subsections (1) through (11) of this section shall:

(a) Serve as basis for preparing biennial budget requests to the regular sessions of the Washington state legislature; and

(b) Be considered in the approval or disapproval of the annual budgets of the educational service districts by the superintendent of public instruction.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-125-036, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.21.135. WSR 85-15-111 (Order 85-4), § 392-125-036, filed 7/24/85. Statutory Authority: RCW 28A.21.135 et seq. WSR 79-07-005 (Order 1-79), § 392-125-036, filed 6/7/79.

Wash. Admin. Code § 392-125-040 Overexpending and exceeding the budget.

The budget as fixed and approved by the superintendent of public instruction shall constitute the appropriation from the general expense fund for an educational service district for the ensuing fiscal year. A budget is overexpended and is exceeded if expenditures are made in excess of the amount of the appropriation including budget extensions.

History

Statutory Authority: RCW 28A.21.135. WSR 84-13-022 (Order 84-12), § 392-125-040, filed 6/13/84
Order 8-76, § 392-125-040, filed 7/23/76
Order 7-75, § 392-125-040, filed 12/22/75. Formerly WAC 392-31-080.

Wash. Admin. Code § 392-125-045 A balanced budget.

The estimated expenditures for the ensuing fiscal year shall not be greater than the total of the estimated revenues for the ensuing fiscal year plus the probable (for the initial budget) or actual (for budgets developed after fund balance is known) fund balance at the close of the fiscal year preceding the ensuing fiscal year. A budget is considered a balanced budget if the above requirement is met. The proceeds of any loan must not be used to balance the budget.

History

Statutory Authority: RCW 28A.21.135. WSR 85-15-111 (Order 85-4), § 392-125-045, filed 7/24/85
WSR 84-13-022 (Order 84-12), § 392-125-045, filed 6/13/84
Order 8-76, § 392-125-045, filed 7/23/76
Order 7-75, § 392-125-045, filed 12/22/75. Formerly WAC 392-31-090.

Wash. Admin. Code § 392-125-050 Termination of appropriations.

All appropriations shall lapse at the end of the fiscal year. At the expiration of said fiscal year the appropriation shall become null and void and any claim presented thereafter against any such appropriation for the fiscal year just closed shall be provided for in the appropriation for the ensuing fiscal year.

History

Order 8-76, § 392-125-050, filed 7/23/76
Order 7-75, § 392-125-050, filed 12/22/75. Formerly WAC 392-31-100.

Wash. Admin. Code § 392-125-054 Budget transfers.

Transfers between budget classes may be made by the educational service district superintendent or finance officer, subject to such restrictions as may be imposed by the educational service district board of directors.

History

Statutory Authority: RCW 28A.21.135. WSR 80-06-042 (Order 80-15), § 392-125-054, filed 5/13/80.

Wash. Admin. Code § 392-125-055 Budget extensions.

The procedure for increasing the appropriation level shall be patterned after the procedure that exists for second-class school districts.

If an educational service district needs an increase in the amount of the appropriation for any reason, the educational service district board of directors shall adopt a resolution stating the specific reason(s) for extending the budget, the estimated amount of additional appropriation needed and the source(s) of funds.

Such resolution shall be voted on at a public meeting, notice to be given in the manner provided by WAC 392-125-020. Its introduction and passage shall require the vote of a majority of all members of the educational service district board of directors.

Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof.

An educational service district board shall secure the signature of the chairman of the superintendent's advisory committee as an indication that the budget extension resolution and the revised budget document or budget extension forms have been reviewed by the committee.

Upon passage of the appropriation resolution the educational service district shall petition the superintendent of public instruction for approval to increase the amount of its appropriation, such petition to be made on forms provided by the superintendent of public instruction. Four copies of the request for budget extension shall be prepared and attached to each copy shall be: (1) A copy of the latest budget status report and (2) a copy of the board's appropriation resolution.

The appropriation resolution approved by the superintendent of public instruction shall be filed by the superintendent of public instruction with the educational service district, the office of the state auditor, and the appropriate county auditor.

History

Statutory Authority: RCW 28A.21.135. WSR 80-06-042 (Order 80-15), § 392-125-055, filed 5/13/80
Order 8-76, § 392-125-055, filed 7/23/76
Order 7-75, § 392-125-055, filed 12/22/75. Formerly WAC 392-31-110.

Wash. Admin. Code § 392-125-060 Monthly budget status report.

A budget status report shall be prepared by the administration of each educational service district on a monthly basis. A monthly budget status report shall contain the most current information available at the time of preparation and shall be made available to each member of the district board at its regular monthly meeting and to the superintendent of public instruction along with other financial information if deemed necessary by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.21.135. WSR 81-19-007 (Order 81-19), § 392-125-060, filed 9/4/81
Order 8-76, § 392-125-060, filed 7/23/76
Order 7-75, § 392-125-060, filed 12/22/75. Formerly WAC 392-31-120.

Wash. Admin. Code § 392-125-065 Content of the monthly budget status.

The monthly budget status report shall contain the most current approved budget amounts by summary level accounts and the fund balance at the beginning and end of the period being analyzed. Encumbrances also shall be reflected in the report. The report shall display activity on a fiscal year-to-date basis on both revenues and expenditures and the "as of" date shall be indicated at the top of the report.

History

Statutory Authority: RCW 28A.21.135. WSR 85-15-111 (Order 85-4), § 392-125-065, filed 7/24/85
WSR 84-13-022 (Order 84-12), § 392-125-065, filed 6/13/84
Order 8-76, § 392-125-065, filed 7/23/76
Order 7-75, § 392-125-065, filed 12/22/75. Formerly WAC 392-31-130.

Wash. Admin. Code § 392-125-070 Approval of the budget by the superintendent of public instruction.

The superintendent of public instruction may approve an educational service district's budget or request for a budget extension as presented or revise and fix a budget or request for an extension and establish the appropriation. In revising a budget or budget extension, the superintendent shall collect information and prepare exhibits which display the financial condition of the district. The revised financial plan shall include specific budgeted expenditure levels. The financial plan may include the required district staff levels necessary to insure improvements in the financial condition of the district.

History

Order 8-76, § 392-125-070, filed 7/23/76
Order 7-75, § 392-125-070, filed 12/22/75. Formerly WAC 392-31-140.

Wash. Admin. Code § 392-125-080 Contractual liability extending beyond end of fiscal period.

The board of any educational district may enter into contracts for their respective districts for periods not exceeding twenty years in duration with public and private persons, organizations, and entities for the following purposes:

(1) To rent or lease building space, portable buildings, security systems, computers, and other equipment; and

(2) To have maintained and repaired security systems, computers and other equipment.

The budget of each educational service district shall contain a schedule which identifies that portion of each contractual liability incurred pursuant to RCW 28A.310.460 which extends beyond the fiscal period. Said schedule shall list for each such contractual liability a brief description, the accounting code, the beginning and ending dates, the total dollar amount, and the estimated amount extending beyond the end of the fiscal period being budgeted.

History

Statutory Authority: RCW 28A.310.330. WSR 01-11-099, § 392-125-080, filed 5/18/01, effective 6/18/01. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-125-080, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.21.135, 28A.21.310 and 28A.65.465. WSR 78-08-036 (Order 5-78), § 392-125-080, filed 7/18/78.

Wash. Admin. Code § 392-125-085 Financial reports submitted to superintendent of public instruction.

Within ninety calendar days following the end of its fiscal year, each educational service district shall submit a financial report to the superintendent of public instruction. Said report shall be in the format specified by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.310.330. WSR 91-07-063 (Order 91-05), § 392-125-085, filed 3/20/91, effective 4/20/91. Statutory Authority: RCW 28A.21.135. WSR 81-19-007 (Order 81-19), § 392-125-085, filed 9/4/81.

Wash. Admin. Code § 392-125-100 Interfund loans—Definition.

An interfund loan is considered to be a temporary loan of moneys between one educational service district fund and another. An interfund loan is not considered to be an investment.

History

Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-177, § 392-125-100, filed 8/23/05, effective 9/23/05.

Wash. Admin. Code § 392-125-105 Interfund loans allowable.

Loans are allowable to the general expense fund and the enterprise fund. Loans shall not be made to the detriment of any function or project for which the fund was established.

History

Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-177, § 392-125-105, filed 8/23/05, effective 9/23/05.

Wash. Admin. Code § 392-125-110 Interfund loans—Identification of temporary loans.

A temporary loan is considered to be a loan which is completely liquidated in less than one year.

History

Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-177, § 392-125-110, filed 8/23/05, effective 9/23/05.

Wash. Admin. Code § 392-125-120 Interfund loans—Payment of interest.

Interest shall be charged by the loaning fund to be paid by the borrowing fund. The rate of interest shall be not less than the current warrant interest rate prevailing in the county in which the educational service district is considered to be located. The interest shall be credited to the loaning fund and shall not be transferred to any other fund.

History

Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-177, § 392-125-120, filed 8/23/05, effective 9/23/05.

Wash. Admin. Code § 392-125-130 Interfund loans—Full disclosure on financial statements.

Financial reports of each educational service district, including the monthly financial reports provided to the board of directors of the educational service district, shall specify all outstanding interfund loans and all interest charges involved. The proceeds of any interfund loan shall not be used to balance the budget of the borrowing fund.

History

Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-177, § 392-125-130, filed 8/23/05, effective 9/23/05.

Wash. Admin. Code § 392-125-140 Interfund loans—Board resolution adopted—Contents.

The board of directors of an educational service district shall adopt a resolution before any interfund loan transaction may take place. The resolution shall contain the exact amount of the loan, the funds involved, the specific source of funds for repayment, the schedule for repayment, and the interest rate involved.

History

Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-177, § 392-125-140, filed 8/23/05, effective 9/23/05.

Chapter 392-126 Finance—Partnerships among small school districts.

Wash. Admin. Code § 392-126-400 Authority.

The authority for this chapter is RCW 28A.340.060(1) which authorizes the superintendent of public instruction to adopt rules and regulations as are necessary to implement the cooperative partnerships among small school districts program.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-126-400, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-400, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-126-405 Purpose.

The purpose of this chapter is to set forth the policies and procedures to implement the cooperative partnerships among small school districts program set forth in RCW 28A.340.010 through 28A.340.070.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-126-405, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-405, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-126-410 Definition—Eligible school districts.

As used in this chapter, "eligible school district" means a school district eligible for funding as a small high school district pursuant to the state Omnibus Appropriations Act in effect when the school districts are approved for participation in a cooperative project.

History

Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-410, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-126-415 Definition—School year.

As used in this chapter, "school year" means the same defined in WAC 392-121-031.

History

Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-415, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-126-420 Application process.

Eligible school districts may apply to participate in a cooperative partnership for a period of five years. If additional eligible school districts wish to join the cooperative partnership at a later date, the cooperative partnership shall reapply as a whole. The application shall be reviewed by the superintendent of public instruction for the following:

(1) The granting of waivers from rules and regulations; and

(2) Technical accuracy.

The applicant school districts may not commence the proposed cooperative partnership until the superintendent of public instruction has completed the review of the application: Provided, That for those cooperative programs approved by the superintendent of public instruction pursuant to RCW 28A.03.448 through 28A.03.450 shall be allowed to continue operations until they have had applications reviewed by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-420, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-126-425 Application process—Content of cooperative partnership application.

The cooperative partnership application will include the following:

(1) A description of the cooperative project, including the programs, services, and administrative activities to be jointly operated;

(2) The improvements in curriculum offerings and educational opportunities expected to result from the establishment of the cooperative project;

(3) A list of statutory requirements or administrative rules which act as financial disincentives to the establishment and/or would impede the operation of the cooperative project;

(4) The financial impact to the school districts and the state that would result from the waiving of the statutory requirement or administrative rules;

(5) An assessment of community support for the proposed cooperative project, including an assessment of each affected community; and

(6) A plan for evaluating the educational and cost-effectiveness of the proposed cooperative project. The evaluation plan shall include a means of evaluating curriculum offerings and staffing patterns.

History

Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-425, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-126-430 Application process—Waivers from rules and regulations.

The superintendent of public instruction may grant waivers for five years from rules and regulations if they meet the following conditions:

(1) That the rules and regulations have been adopted by the superintendent of public instruction pursuant to express statutory authority;

(2) That waiving the rules will not affect the health, safety, or civil rights of students, parents, or staff; and

(3) That the request for waiver has been expressly stated in the cooperative partnership application.

History

Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-430, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-126-435 Reporting process.

Each school district participating in cooperative partnership shall submit the following reports:

(1) By September 1 of the third school year of continuous operation, a report on the progress of the cooperative partnership in meeting the objectives set forth in the application pursuant to WAC 392-126-425.

(2) By September 1 of the fifth school year of continuous operation, a report evaluating the success of the cooperative partnership in meeting the objectives set forth in the application submitted pursuant to WAC 392-126-425.

History

Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-435, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-126-440 Reporting process—Reapplication.

The report submitted pursuant to WAC 392-126-435(2) may include an application for continuation of the cooperative partnership. The contents of this application will conform to the requirements set forth in WAC 392-126-425 and will be subject to review by the superintendent of public instruction set forth in WAC 392-126-420.

History

Statutory Authority: RCW 28A.100.090(1). WSR 90-01-140 (Order 23), § 392-126-440, filed 12/20/89, effective 1/20/90.

Chapter 392-127 Finance—Certificated instructional staff ratio (46:1000) compliance.

Wash. Admin. Code § 392-127-004 Authority.

The authority for this chapter is RCW 28A.150.290(1) which empowers the superintendent of public instruction to make such rules and regulations as are necessary for the administration of chapter 28A.150 RCW, including RCW 28A.150.100(2) which sets forth for each school district as a minimum, a ratio in the basic education program of forty-six certificated instructional staff per one thousand annual average full-time equivalent students.

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-127-004, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-004, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-006 Purpose.

The purpose of this chapter is to set forth the policies and procedures used by the superintendent of public instruction to determine the following:

(1) Compliance of school districts with the statutory ratio of certificated instructional staff per one thousand full-time equivalent students in kindergarten through twelfth grade set forth in RCW 28A.150.100(2).

(2) The monetary penalty associated with not maintaining this ratio.

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-127-006, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-006, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-015 FTE enrollment—Definition.

As used in this chapter, "full-time equivalent enrollment" means for the period selected by a school district, the total full-time equivalent students reported by a school district pursuant to WAC 392-121-122 excluding:

(1) Running start and University of Washington transition school students reported under WAC 392-121-122 (3) and (4); and

(2) Students that are being served pursuant to a contract under WAC 392-121-188 with a higher education institution when the staff serving the students are not reported on the school district's S-275 report for the time of instruction.

(3) Students enrolled in alternative learning experience programs reported under RCW 28A.150.325.

History

Statutory Authority: RCW 28A.150.100 and 28A.150.290(1). WSR 12-15-028, § 392-127-015, filed 7/11/12, effective 8/11/12. Statutory Authority: RCW 28A.150.290(1). WSR 08-21-052, § 392-127-015, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). WSR 00-02-064, § 392-127-015, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.150.290. WSR 96-05-022 (Order 96-03), § 392-127-015, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.150.290 and 28A.150.100(2). WSR 93-21-089 (Order 93-18), § 392-127-015, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-015, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-020 S-275—Definition.

As used in this chapter, "S-275" means the S-275 reporting process defined in WAC 392-121-220.

History

Statutory Authority: RCW 28A.150.290. WSR 96-05-022 (Order 96-03), § 392-127-020, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-020, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-025 School year—Definition.

As used in this chapter, "school year" means the same as defined in WAC 392-121-031.

History

Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-025, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-045 FTE basic education certificated instructional employee—Definition.

WAC 392-127-045

As used in this chapter, "full-time equivalent basic education certificated instructional employee" means the full-time equivalent calculated pursuant to WAC 392-121-215 for:

(1) A basic education certificated instructional employee as defined in WAC 392-121-210; and

(2) A special education certificated instructional employee, in program 21, as determined by the following:

(a) The total special education, program 21, certificated instructional staff assigned to grades kindergarten through 12;

(b) Multiplied by the annual percentage of students receiving special education instruction not in the general education classroom as reported from the November special education federal child count.

History

Statutory Authority: 2025 c 368, RCW 28A.150.260, 28A.150.290, and 28A.300.072. WSR 26-17-046, s 392-127-045, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.290(1). WSR 08-04-027, § 392-127-045, filed 1/29/08, effective 2/29/08. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-045, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-065 Supplemental FTE staff—Definition.

As used in this chapter, "supplemental full-time equivalent staff" means the net change in full-time equivalents for basic education certificated instructional employees, as determined in WAC 392-127-045, after October 1 of the school year and not reflected in Report S-275. Supplemental full-time equivalent staff are determined as follows:

(1) Determine the basic education certificated instructional FTE that would be reported for each employee for the school year on Report S-275 if the current date were substituted for the October 1 snapshot date as required in S-275 instructions and subtract the basic education certificated instructional FTE as of October 1 actually reported for the employee on the school district's most current Report S-275.

(2) Include decreases as well as increases in staff after October 1 and not reflected in Report S-275. Decreases include terminations, retirements, unpaid leave, and reassignment of staff.

History

Statutory Authority: RCW 28A.150.290(1). WSR 08-04-027, § 392-127-065, filed 1/29/08, effective 2/29/08. Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). WSR 00-02-064, § 392-127-065, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-065, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-070 Basic education certificated instructional staff ratio—Definition.

As used in this chapter, "basic education certificated instructional staff ratio" means the following calculation:

(1) Add the full-time equivalent basic education certificated instructional employees, as determined in WAC 392-127-045, as reported on the S-275 and any supplemental full-time equivalent staff reported to the superintendent of public instruction, excluding staff assigned to alternative learning experience programs under RCW 28A.150.325;

(2) Divide the result obtained in subsection (1) of this section by the full-time equivalent enrollment for October or that period selected by the school district; and

(3) Multiply the result obtained in subsection (2) of this section by one thousand.

History

Statutory Authority: RCW 28A.150.100 and 28A.150.290(1). WSR 12-15-028, § 392-127-070, filed 7/11/12, effective 8/11/12. Statutory Authority: RCW 28A.150.290(1). WSR 08-04-027, § 392-127-070, filed 1/29/08, effective 2/29/08. Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). WSR 00-02-064, § 392-127-070, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.150.290. WSR 96-05-022 (Order 96-03), § 392-127-070, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-070, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-075 General provisions.

The following general provisions apply to this chapter:

(1) All calculations made by the superintendent of public instruction shall use the most current school district information for the school year on file with the superintendent of public instruction at the time of the calculation.

(2) Full-time equivalent staff shall be rounded to the nearest three decimal places.

(3) Full-time equivalent enrollment shall be rounded to the nearest two decimal places.

(4) Ratios of full-time equivalent staff to students shall be expressed as a ratio of staff to one thousand students and shall be rounded to two decimal places (e.g., 51.21/1000).

(5) School districts shall have available upon request by the superintendent of public instruction and for audit purposes, such documentation as necessary to support all data reported to the superintendent of public instruction pursuant to this chapter.

(6) The superintendent of public instruction will develop and make available such forms, reports, and other documents necessary to implement this chapter.

History

Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-075, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-080 School district reporting—Required reports.

On or before the Wednesday prior to Thanksgiving of each school year, each school district shall submit to the superintendent of public instruction on the S-275 the school district's full-time equivalent basic education certificated instructional staff for the current school year.

History

Statutory Authority: RCW 28A.150.290. WSR 96-05-022 (Order 96-03), § 392-127-080, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-080, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-085 School district reporting—Optional report—Staff changes.

At any time prior to completion of audit of data by the state auditor, school districts may report to the superintendent of public instruction supplemental full-time equivalent staff for the school year pursuant to WAC 392-127-065 and instructions provided by the superintendent.

History

Statutory Authority: RCW 28A.150.290(1). WSR 10-13-048, § 392-127-085, filed 6/9/10, effective 7/10/10. Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). WSR 00-02-064, § 392-127-085, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-085, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-090 School district reporting—Optional report—Enrollment changes.

A school district may request that the superintendent of public instruction use a different full-time equivalent enrollment to compute staffing ratios than that reported for October. The school district shall request the use of a different enrollment period prior to completion of audit of data by the state auditor. The school district may select the full-time equivalent enrollment for any one month during the current school year when all basic education instructional programs are operating.

History

Statutory Authority: RCW 28A.150.100 and 28A.150.290(1). WSR 12-15-028, § 392-127-090, filed 7/11/12, effective 8/11/12. Statutory Authority: RCW 28A.150.290(1). WSR 10-13-048, § 392-127-090, filed 6/9/10, effective 7/10/10. Statutory Authority: RCW 28A.150.290. WSR 96-05-022 (Order 96-03), § 392-127-090, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-090, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-111 Calculation of penalty for failure to maintain staffing ratio.

For those school districts with a basic education certificated instructional staff ratio of less than forty-six, the superintendent shall reduce the district's basic education general apportionment entitlement for the school year by the amount determined as follows:

(1) Subtract the current school year final basic education certificated instructional staff ratio as reported to the school district from forty-six;

(2) Multiply the result obtained in subsection (1) of this section by the current school year full-time equivalent enrollment and further divide by one thousand; and

(3) Multiply the result obtained in subsection (2) of this section by the school district's average salary, average mandatory fringe benefits, and health insurance benefits per certificated instructional staff unit used for the purpose of calculating the school district's general apportionment entitlement for the current school year.

History

Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). WSR 00-02-064, § 392-127-111, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.41.170(1). WSR 90-12-078 (Order 10), § 392-127-111, filed 6/1/90, effective 7/2/90.

Wash. Admin. Code § 392-127-112 Reporting by the superintendent of public instruction.

With each monthly apportionment payment for the school year beginning in January, the superintendent of public instruction shall show calculations of the district's basic education certificated instructional staff ratio and any penalty calculated pursuant to WAC 392-127-111. Calculations shall be based on the most current data from the district's Report S-275 and any optional reports received by the superintendent of public instruction by the 15th of the month.

History

Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). WSR 00-02-064, § 392-127-112, filed 1/3/00, effective 2/3/00.

Chapter 392-129 Finance—Emergency school closure.

Wash. Admin. Code § 392-129-003 Authority.

The authority for this chapter is RCW 28A.150.290(2) which authorizes the superintendent of public instruction to establish the terms and conditions for allowing a school district to receive an allocation of state moneys when the school district is unable, due to an unforeseen emergency, to fulfill the following statutory requirements:

(1) One hundred eighty days of operation; or

(2) The total program hour offerings, teacher contact hours, or course mix and percentage requirements imposed by law.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-003, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-129-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-003, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 87-19-060 (Order 87-11), § 392-129-003, filed 9/15/87.

Wash. Admin. Code § 392-129-005 Purpose.

This chapter shall govern a school district's or charter school's entitlement to allocations of state moneys pursuant to RCW 28A.150.290(2) for any school year during which it is unable to conduct the kindergarten program, first through twelfth grade program, or both due to one or more unforeseen emergencies such that the following statutory requirements cannot be met:

(1) The minimum number of school days; and/or

(2) Program hour offerings, teacher contact hours, and course mix and percentages.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-005, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-129-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-005, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 81-21-002 (Order 81-26), § 392-129-005, filed 10/8/81
WSR 80-04-046 (Order 80-3), § 392-129-005, filed 3/21/80, effective 5/2/80
Order 7-75, § 392-129-005, filed 12/22/75. Formerly WAC 392-14-010.

Wash. Admin. Code § 392-129-008 Construction of chapter.

The provisions of this chapter shall be narrowly construed by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-008, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-010 Definition—School day.

As used in this chapter, "school day" means the same as defined in WAC 392-121-033.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-010, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 82-16-039 (Order 82-9), § 392-129-010, filed 7/28/82
WSR 81-21-002 (Order 81-26), § 392-129-010, filed 10/8/81
WSR 80-04-046 (Order 80-3), § 392-129-010, filed 3/21/80, effective 5/2/80
Order 7-75, § 392-129-010, filed 12/22/75. Formerly WAC 392-14-020.

Wash. Admin. Code § 392-129-015 Definition—Vacation day.

As used in this chapter, "vacation day" means a day other than:

(1) A school day;

(2) A school holiday defined in RCW 28A.150.050;

(3) Saturday unless actually used for a school day; or

(4) An inservice day for employees of the school district or charter school that:

(a) Was scheduled prior to the unforeseen school closure; and

(b) Was actually used for that purpose.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-015, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-129-015, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-015, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 81-21-002 (Order 81-26), § 392-129-015, filed 10/8/81
WSR 80-04-046 (Order 80-3), § 392-129-015, filed 3/21/80, effective 5/2/80
Order 7-75, § 392-129-015, filed 12/22/75. Formerly WAC 392-14-030.

Wash. Admin. Code § 392-129-020 Definition—School year.

As used in this chapter, "school year" means the same as defined in WAC 392-121-031.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-020, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 81-21-002 (Order 81-26), § 392-129-020, filed 10/8/81
WSR 80-04-046 (Order 80-3), § 392-129-020, filed 3/21/80, effective 5/2/80
Order 7-75, § 392-129-020, filed 12/22/75. Formerly WAC 392-14-040.

Wash. Admin. Code § 392-129-030 Definition—Current school year.

As used in this chapter, "current school year" means the same as defined in WAC 392-139-052.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-030, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 85-09-019 (Order 85-2), § 392-129-030, filed 4/10/85.

Wash. Admin. Code § 392-129-035 Definition—Preceding school year.

As used in this chapter, "preceding school year" means the school year immediately preceding the current school year.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-035, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-040 Definition—Prior school year.

As used in this chapter, "prior school year" means any one of nine school years immediately preceding the preceding school year.

History

Statutory Authority: RCW 28A.150.290(2) and 28A.335.030. WSR 90-19-039 (Order 27), § 392-129-040, filed 9/13/90, effective 10/14/90. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-040, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-045 Definition—Natural event.

As used in this chapter, "natural event" means, but is not limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-045, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-050 Definition—Mechanical failure.

As used in this chapter, "mechanical failure" means a discontinuation or disruption of utilities such as heating, lighting, or water beyond the control of a school district board of directors, a charter school board, and their respective employees.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-050, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-050, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-060 Definition—Action or inaction by one or more persons.

As used in this chapter, "action or inaction by one or more persons" means, but is not limited to, arson, vandalism, riots, insurrections, bomb threats, bombing, or delays in the scheduled completion of construction projects beyond the control of a school district board of directors, a charter school board, and their respective employees. It shall not mean any labor dispute between a school district board of directors or charter school board and any employee.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-060, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-060, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-065 Definition—Unforeseen.

As used in this chapter, "unforeseen" means the extent that a reasonably prudent person could not have anticipated, prior to August 1st of the preceding school year, that natural events, mechanical failures, or actions or inactions by one or more persons would probably occur during the current school year due to the occurrence of an event or circumstances during a preceding or prior school year.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-065, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-070 Definition—Foreseeable.

As used in this chapter, "foreseeable" means the extent that a reasonably prudent person could have anticipated prior to August 1st of the preceding school year, that natural events, mechanical failures, or actions or inactions by one or more persons would probably occur during the current school year due to the occurrence of an event or circumstances during a preceding or prior school year.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-070, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-080 Definition—Foreseeable school closure days.

As used in this chapter, "foreseeable school closure days" means those days that are foreseeable in order to provide the school district or charter school with the ability to make up lost school days due to foreseeable natural events, mechanical failure, or action or inaction by one or more persons that would lead to all schools being unsafe, unhealthy, inaccessible, or inoperable.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-080, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-080, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-090 Definition—District-wide emergency closure.

As used in this chapter, "district-wide emergency closure" means that all school buildings in the school district or charter school are unsafe, unhealthy, inaccessible, or inoperable due to one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-090, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-090, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-100 Definition—School emergency closure.

As used in this chapter, "school emergency closure" means a school in the school district, or a charter school, comprised of more than one school that is unsafe, unhealthy, inaccessible, or inoperable due to one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-100, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-100, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-105 Definition—Reasonable effort.

As used in this chapter, "reasonable effort" means the:

(1) Extension of the school year to and through June 14th; and

(2) Use of scheduled vacation days and foreseeable school closure days, to attain the minimum number of school days and district-wide annual average total instruction hour offerings required by law. In no case, except as provided in subsection (3) of this section, shall a school district or charter school be considered to have made a reasonable effort unless at least three school days, per incident, and district-wide annual average total instruction hour offerings which have been lost have in fact been made up.

(3) Where a school district or charter school resides in a county which was declared a state of emergency proclamation by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the emergency impacted district-wide facilities or operations, the superintendent may consider school district or charter school applications to have met the "reasonable effort" test by providing at least the district-wide annual average total instruction hour offerings.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-105, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 07-13-090, § 392-129-105, filed 6/19/07, effective 7/20/07
WSR 90-01-141 (Order 22), § 392-129-105, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-110 Definition—Annual average full-time equivalent students.

As used in this chapter, "annual average full-time equivalent students" means the same as defined in WAC 392-121-133.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-110, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-115 Separate consideration given to the kindergarten and first through twelfth grade programs.

For the purpose of computing compliance with minimum school days, program hour offerings, or both resulting in a loss of allocations of state moneys, the kindergarten and the first through twelfth grade programs shall be considered separately.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-115, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-120 Application of chapter to half-day kindergarten programs.

In the event a school district offers both a morning and afternoon kindergarten program and cancels either but not both the morning or afternoon session due to one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons, the school district shall be considered as having met the school day, program hour offering, teacher contact hours, and course mix percentages for the canceled session.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-120, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-125 District-wide emergency closure—School district application to the superintendent of public instruction.

A school district or charter school applying for continuation of state support during a district-wide emergency closure will submit the following information:

(1) The name of the school district or charter school;

(2) The name of the superintendent of the school district or lead administrator of the charter school;

(3) A statement signed by the superintendent or charter school's lead administrator that:

(a) The school district board of directors or charter school board has reviewed the application and supports its submittal; and

(b) Any foreseeable school closure days are not included in the request;

(4) The unforeseen natural events, mechanical failures, or actions or inactions by one or more persons which caused the district-wide emergency closure;

(5) The specific dates of the district-wide emergency closure; and

(6) The specific dates that the school district has scheduled to make up the lost days.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-125, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-125, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-130 District-wide emergency closure—Superintendent of public instruction's determination of eligibility.

The superintendent of public instruction shall review each application submitted for a district-wide closure to determine if a reasonable effort has been made to make up all school days and program hour offerings, teacher contact hours, and course mix percentages required by law lost due to the district-wide emergency closure.

History

Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-130, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-135 District-wide emergency closure—Implementation of superintendent of public instruction's determination of eligibility.

If the superintendent of public instruction determines that the school district has made a reasonable effort to make up all school days and program hour offerings, teacher contact hours, and course mix percentages required by law, the school district or charter school shall receive its full annual allocation of state moneys. If the superintendent of public instruction determines that the school district or charter school has not made a reasonable effort, the school district's or charter school's annual allocation of state moneys shall be reduced by the number of days lost due to the district-wide emergency closure divided by one hundred eighty.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-135, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-135, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-140 School emergency closure—School district application to the superintendent of public instruction.

A school district or charter school applying for continuation of state support during a school emergency closure will submit the following information:

(1) The name of the school district or charter school;

(2) The name of the superintendent of the school district or lead administrator of the charter school;

(3) A statement signed by the superintendent or charter school's lead administrator that the school district board of directors or the charter school board has reviewed the application and supports its submittal;

(4) The name(s) of the individual schools which did not operate;

(5) The unforeseen natural events, mechanical failures, or actions or inactions by one or more persons which caused the school emergency closure;

(6) The specific dates of the school emergency closure; and

(7) The specific dates that the school district or charter school has scheduled to make up the lost days.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-140, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-140, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-145 School emergency closure—Superintendent of public instruction's determination of eligibility.

The superintendent of public instruction shall review each application submitted for a school closure to determine if the application provides a conclusive demonstration that one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons prevented the school district or charter school from operating the school. Whenever a school district or charter school provides a school day, it shall be considered as meeting all hours, as originally scheduled for that day, toward meeting its program hour offerings, teacher contact hours, and course mix percentage requirements.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-145, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-145, filed 12/20/89, effective 1/20/90.

Wash. Admin. Code § 392-129-150 School emergency closure—Implementation of superintendent of public instruction's determination of eligibility.

[(1)] If the superintendent of public instruction determines that the school district or charter school has provided a conclusive demonstration that one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons prevented the school district or charter school from operating the school, the school district or charter school shall receive its full annual allocation of state moneys. However, the superintendent of public instruction may only excuse the school district or charter school for up to two scheduled school days per incident and not for more than three scheduled school days per school year. Provided, the superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year[:

(a) When the unforseen natural event, mechanical failure, or action or inaction by one or more persons caused a loss of life or significant injury to a person or persons on a school campus; or

(b) W]here the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.

[(2)] (1) If the school district did not conclusively demonstrate that it was prevented from operating the school(s), its allocation of state moneys shall be reduced by:

(a) Dividing the number of days lost by one hundred eighty;

(b) Multiplying the result obtained in subsection (1) of this section by the annual average full-time equivalent enrollment in the school; and

(c) Dividing the result obtained in subsection (2) of this section by the annual average full-time equivalent enrollment in the school district.

(2) If the charter school did not conclusively demonstrate that it was prevented from operating the school, its allocation of state moneys shall be reduced by:

(a) Dividing the number of days lost by one hundred eighty; and

(b) Multiplying the result obtained in (a) of this subsection by the annual average full-time equivalent enrollment in the school.

Chapter 392-132 Finance—Nonhigh participatory finance—Including transfer of M and O levy authority from high to nonhigh districts.

Wash. Admin. Code § 392-132-010 Authority.

This chapter is adopted pursuant to authority vested in the superintendent of public instruction by RCW 28A.545.110 and 84.52.0531(10). RCW 28A.545.110 provides that the superintendent of public instruction may adopt rules and regulations for the payments to high school districts for educating nonhigh district students. RCW 84.52.0531(10) provides that the superintendent of public instruction shall develop rules and regulations for the calculation of the excess maintenance and operation levy transfer from high school districts to nonhigh school districts.

History

Statutory Authority: RCW 28A.545.110. WSR 97-03-044, § 392-132-010, filed 1/10/97, effective 2/10/97. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-132-010, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.44.230 and 84.52.053(7). WSR 84-13-024 (Order 84-14), § 392-132-010, filed 6/13/84.

Wash. Admin. Code § 392-132-020 Purposes.

The purposes of this chapter are to provide the annual procedure that the superintendent of public instruction shall use for:

(1) Determining the amount due from nonhigh school districts for educating and transporting nonhigh district students; and

(2) Transferring maintenance and operating excess levy authority from the high to nonhigh district.

History

Statutory Authority: RCW 28A.44.230 and 84.52.053(7). WSR 84-13-024 (Order 84-14), § 392-132-020, filed 6/13/84.

Wash. Admin. Code § 392-132-030 Definitions.

(1) "Estimated amount due" for a school year shall mean the result of the following calculation:

The high school district's maintenance and operations excess levy that was certified as collectible for the calendar year in which the school year ends is divided by the estimated number of average annual full-time equivalent (AAFTE) students who reside within the boundaries of the high school district. That quotient is multiplied by the estimated number of AAFTE nonhigh district students enrolled in the serving high school district during the school year as reported on Form P-213.

(2) "Actual amount due" for a school year shall mean the result of the following calculation:

The high school district's maintenance and operations excess levy that was certified as collectible for the calendar year in which the school year ended is divided by the actual number of AAFTE students who resided within the boundaries of the high school district. That quotient is multiplied by the actual number of AAFTE nonhigh district students enrolled in the serving high school district during the school year as reported on Form P-213.

(3) "Estimated number of AAFTE students who reside within the boundaries of the high school district" during a school year shall mean the result of the following calculation:

Average the total number of AAFTE students served by the high school district reported on the Form P-223 available at the time of the calculation of the nonhigh billing. Subtract from this average the average number of AAFTE students attending the high school district's cooperative programs and reported as nonresident on Form P-223 available at the time of the calculation of the nonhigh bill. Also subtract all the estimated AAFTE nonhigh enrollment served by the nonhigh district as reported on Form P-213. Add the average number of AAFTE students who reside within the high school district who are attending cooperative programs in other school districts as reported on Form P-223 available at the time of the calculation of the nonhigh billing.

(4) "Actual number of AAFTE students who resided within the boundaries of the high school district" during a school year shall mean the result of the following calculation:

Subtract from the total AAFTE served by the high school district for a school year as reported on Form P-223 the nonresident AAFTE students served by the high school district for a school year as reported on Form P-223. Also subtract the actual AAFTE nonhigh enrollment served by the high school district as reported on Form P-213. Added to the resident enrollment count of the high school district is the number of AAFTE students who reside within the high school district who attended cooperative programs in other school districts and were reported as nonresident on Form P-223.

(5) "Nonhigh billing" shall mean the amount due to a high school district from a nonhigh school district for educating and transporting nonhigh district students.

(6) "P-213" shall have the same meaning as this is given in WAC 392-139-230.

(7) "Average annual full time equivalent students (AAFTE)" shall have the same meaning as this is given in WAC 392-121-133.

(8) "Annual determination of the excess maintenance and operation levy transfer from the high school district to the nonhigh school district for educating nonhigh school district students" shall have the same meaning as this is given in WAC 392-139-340.

History

Statutory Authority: RCW 28A.545.110. WSR 97-03-044, § 392-132-030, filed 1/10/97, effective 2/10/97. Statutory Authority: RCW 28A.44.230 and 84.52.053(7). WSR 84-13-024 (Order 84-14), § 392-132-030, filed 6/13/84.

Wash. Admin. Code § 392-132-040 Determining levy capacity transfer and amount due.

Pursuant to WAC 392-139-340, annually, the superintendent of public instruction shall make the necessary determinations and calculate (1) the excess maintenance and operation levy transfer from the high school district to the nonhigh school district, and (2) the amount due to the high school district by the nonhigh school district. The respective high and nonhigh school district shall be notified of the results of such determinations and calculations.

History

Statutory Authority: RCW 28A.545.110. WSR 97-03-044, § 392-132-040, filed 1/10/97, effective 2/10/97. Statutory Authority: RCW 28A.44.230 and 84.52.053(7). WSR 84-13-024 (Order 84-14), § 392-132-040, filed 6/13/84.

Wash. Admin. Code § 392-132-050 Annual determination of the billing amounts due in May and November installments of each year to a serving high school district from a served nonhigh school district.

During the month of May of the school year for which the amount is due, each served nonhigh district shall pay by warrant to each serving high school district fifty percent of the total estimated amount due for the school year. During the following November, each served nonhigh district shall pay by warrant to each serving high school district the actual amount due for the school year less the fifty percent of the total estimated amount due which was paid in the preceding May installment.

History

Statutory Authority: RCW 28A.44.230 and 84.52.053(7). WSR 84-13-024 (Order 84-14), § 392-132-050, filed 6/13/84.

Wash. Admin. Code § 392-132-060 Notice of assessment by high school district of a lesser amount or waiver of the entire amount.

A high school district board of directors may elect to assess a nonhigh school district an amount which is less than the amount calculated in WAC 392-132-050 or waive the entire amount. In the event a high school district elects to do so, it shall notify both the superintendent of public instruction and the nonhigh school district of its election and the lesser amount or waiver no later than September first following the school year for which the amount is due.

History

Statutory Authority: RCW 28A.44.230 and 84.52.053(7). WSR 84-13-024 (Order 84-14), § 392-132-060, filed 6/13/84.

Wash. Admin. Code § 392-132-070 Amount due includes expenditures for education and transportation.

Unless otherwise agreed to by the board of directors of a nonhigh school district, the amounts established as due by WAC 392-132-050 shall be the entire amount due from a nonhigh school district for the school year for the education and transportation of any and all handicapped and nonhandicapped students residing in the nonhigh school district who attend a high school district.

History

Statutory Authority: RCW 28A.44.230 and 84.52.053(7). WSR 84-13-024 (Order 84-14), § 392-132-070, filed 6/13/84.

Wash. Admin. Code § 392-132-075 Nonhigh school district capital fund payment schedules.

When determining a nonhigh school district's capital fund payments to a serving high school district, a serving high school district may not:

(1) Bill the nonhigh school district an amount which is greater than the sum of the calculation determined by the superintendent of public instruction under WAC 392-132-040;

(2) Collect capital funds payments from a nonhigh school district using an expedited payment schedule which would require the nonhigh school district to make capital fund payments on a more accelerated or condensed payment schedule than that of the serving high school district.

History

Statutory Authority: RCW 28A.525.020. WSR 21-09-089, § 392-132-075, filed 4/21/21, effective 5/22/21.

Chapter 392-134 Finance—Apportionment for part-time public school attendance.

Wash. Admin. Code § 392-134-002 Authority.

The authority for this chapter is RCW 28A.150.350 which authorizes the superintendent of public instruction to adopt rules and regulations regarding part-time public school attendance. This chapter is further authorized under RCW 28A.710.040(5), which provides that public charter schools are subject to the supervision of the superintendent of public instruction to the same extent as other public schools.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-134-002, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-134-002, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28.41.140 [28A.41.140] and 28A.41.145. WSR 86-01-020 (Order 85-15), § 392-134-002, filed 12/9/85.

Wash. Admin. Code § 392-134-003 Purpose.

The purpose of this chapter is to implement the part-time public school attendance law.

History

Statutory Authority: RCW 28.41.140 [28A.41.140] and 28A.41.145. WSR 86-01-020 (Order 85-15), § 392-134-003, filed 12/9/85.

Wash. Admin. Code § 392-134-005 Definitions.

As used in this chapter the term:

(1) "Ancillary service" shall mean any cocurricular service or activity, any health care service or activity, and any other services or activities, except "courses," for or in which preschool through twelfth grade students are enrolled by a public school. The term shall include, but not be limited to, counseling, psychological services, testing, remedial instruction, speech and hearing therapy, health care services, tutorial services such as home or hospital instruction for the physically disabled, and sports activities;

(2) "Course" shall mean any instructional curricular service or activity in which preschool through twelfth grade students are enrolled by a public school;

(3) "Part-time public school student" shall mean a student who is enrolled in a public school for less time than a "full-time equivalent student" as defined in chapter 392-121 WAC, as now or hereafter amended, and shall include:

(a) Private school students to the extent they are also enrolled in a public school as a student thereof for the purpose of taking any course or receiving any ancillary service, or any combination of courses and ancillary services which is not available in the student's private school of attendance;

(b) Any student who is enrolled exclusively in a public school for the purpose of taking courses or receiving ancillary services and/or participating in a work training program approved by the board of directors of the district or charter school board; and

(c) Any student who is participating in home-based instruction to the extent that the student is also enrolled in a public school for the purpose of taking any course or receiving any ancillary service, or any combination of courses and ancillary services.

(4) "Private school" shall mean any nonpublic vocational school and any nonpublic school which provides instruction in any of the grades kindergarten through twelve inclusive of nonpublic sectarian (religious) schools;

(5) "Private school student" shall mean a student who is enrolled in a private school "full time" as defined by the private school of attendance; and

(6) "Home-based instruction" shall mean an instructional program established pursuant to RCW 28A.225.010(4).

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-134-005, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-134-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28.41.140 [28A.41.140] and 28A.41.145. WSR 86-01-020 (Order 85-15), § 392-134-005, filed 12/9/85. Statutory Authority: RCW 28A.41.145. WSR 80-05-035 (Order 80-6), § 392-134-005, filed 4/15/80.

Wash. Admin. Code § 392-134-010 Attendance rights of part-time public school students.

An eligible part-time public school student who qualifies as a resident of a public school district pursuant to the definition of a "resident student" set forth in chapter 392-137 WAC, as now or hereafter amended, shall be entitled to attend the schools of the district within his or her attendance area tuition free on a part-time basis. Eligible part-time public school students who meet the admission policies of a public charter school shall be entitled to attend the school tuition free on a part-time basis.

An eligible part-time public school student shall be entitled to take any course, receive any ancillary service, and take or receive any combination of courses and ancillary services which is made available by a public school to full-time students. Eligible nonresident part-time public school students may be enrolled at the discretion of a public school district pursuant to the terms and procedures established for nonresident student attendance in chapter 392-137 WAC, as now or hereafter amended.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-134-010, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.145. WSR 80-05-035 (Order 80-6), § 392-134-010, filed 4/15/80.

Wash. Admin. Code § 392-134-015 Enrollment practices and conditions.

Requests for part-time attendance shall be processed by a public school only when made by the student, the student's parent(s), or the student's guardian(s).

In addition, the enrollment of a part-time public school student who otherwise attends a private school shall be conditioned upon the certification by the student or by the student's parent(s) or guardian(s) as may be required by the public school, that:

(1) The student is a private school student; and

(2) The course and/or ancillary service for which enrollment is requested is not available at the private school of attendance.

History

Statutory Authority: RCW 28.41.140 [28A.41.140] and 28A.41.145. WSR 86-01-020 (Order 85-15), § 392-134-015, filed 12/9/85. Statutory Authority: RCW 28A.41.145. WSR 80-05-035 (Order 80-6), § 392-134-015, filed 4/15/80.

Wash. Admin. Code § 392-134-020 Provision of educational program to part-time public school students—Reports—Sites.

(1) Courses, ancillary services, and any combination of courses and ancillary services shall be provided to part-time public school students at the same level and quality as provided by the public school to full-time students;

(2) Courses, ancillary services, and any combination of courses and ancillary services shall be provided to part-time public school students upon public school grounds or on sites which are controlled by a public school district or charter school and at the home or hospital where the student may be confined by reason of a disability or sickness. Courses and ancillary services shall not be provided upon or within any private sectarian (religious) school site or facility: Provided, That field trips and special events incident to the public school program which include participation by both full-time and part-time public school students may be conducted by a public school upon or within private sectarian school facilities;

(3) No test result, grade, or other evaluation of a part-time public school student's abilities, needs, and/or performance which is generated by a public school in connection with the student's attendance may be transmitted or communicated by a public school to a private school except upon the written request of a minor student's parent(s) or guardian(s) or upon the written request of the student if the student is eighteen years of age or older; and,

(4) Transportation between a part-time public school student's private school and a public school in which he/she is enrolled may not be provided to the student at the expense of a public school district or charter school in whole or part: Provided, That the following interschool transportation may be provided at the expense of a public school district or charter school:

(a) Transportation which is provided in connection with a part-time student's participation in field trips and special events permitted by subsection (2) of this section; and

(b) The transportation of part-time public school students which:

(i) Is necessary to comply with a condition to the receipt of federal funds; and

(ii) Is paid or reimbursed for with the federal funds to which the condition is attached, not state or local tax funds or revenues.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-134-020, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28.41.140 [28A.41.140] and 28A.41.145. WSR 86-01-020 (Order 85-15), § 392-134-020, filed 12/9/85. Statutory Authority: RCW 28A.41.145. WSR 80-05-035 (Order 80-6), § 392-134-020, filed 4/15/80.

Wash. Admin. Code § 392-134-025 State funding procedures.

(1) Public school districts and charter schools shall maintain a record of the number of hours each part-time public school student is enrolled.

(2) Each district and charter school shall report to the superintendent of public instruction as required the number of hours that courses and/or ancillary services, or any combination of courses and ancillary services, are provided to part-time students in the basic enrollment data for state funding purposes.

(3) The information required by subsections (1) and (2) above shall be provided to the superintendent of public instruction on forms provided by and at such times as are designated by the superintendent.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-134-025, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.145. WSR 80-05-035 (Order 80-6), § 392-134-025, filed 4/15/80.

Wash. Admin. Code § 392-134-030 Compliance with rules as a condition of state funding.

Each public school district and charter school shall certify compliance with this chapter as a condition to the reimbursement of costs pursuant to RCW 28A.150.250, 28A.150.260 and 28A.150.350, as now or hereafter amended. State and federal funds shall be withheld in whole or part or recovered in whole or part through reduction in future entitlements of a district or charter school as necessary to enforce the provisions and intent of this chapter.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-134-030, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-134-030, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.145. WSR 80-05-035 (Order 80-6), § 392-134-030, filed 4/15/80.

Chapter 392-135 Finance—Interdistrict cooperation programs.

Wash. Admin. Code § 392-135-005 Purposes.

The purposes of this chapter are to implement RCW 28A.335.160(2) and 28A.225.250 and establish the conditions pursuant to which school districts may cooperate in interdistrict tuition-free educational programs, including but not limited to vocational and handicapped programs.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-135-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.58.075(2) and 28A.58.245. WSR 80-05-036 (Order 80-7), § 392-135-005, filed 4/15/80
Order 7-75, § 392-135-005, filed 12/22/75. Formerly WAC 392-15-900.

Wash. Admin. Code § 392-135-010 Definitions.

As used in this chapter, the term:

(1) "Residence," "resident student," and "resident district" shall mean the same as defined in WAC 392-137-010.

(2) "Serving district" shall mean the Washington state school district which operates a tuition-free interdistrict cooperation program pursuant to an agreement with one or more Washington state school districts.

(3) "Participating school district(s)" shall mean any Washington state school district that is a signatory to an interdistrict cooperative agreement pursuant to provisions of this chapter.

History

Statutory Authority: RCW 28A.58.075(2) and 28A.58.245. WSR 81-19-091 (Order 81-21), § 392-135-010, filed 9/18/81
WSR 80-05-036 (Order 80-7), § 392-135-010, filed 4/15/80
Order 7-75, § 392-135-010, filed 12/22/75. Formerly WAC 392-15-905.

Wash. Admin. Code § 392-135-015 Program types.

Any school district may cooperate with one or more other school districts in the joint maintenance and operation of educational programs or services:

(1) As a part of the operation of a joint facility, or otherwise; and

(2) On a full- or part-time attendance basis, or a regular 180-day or extended school year basis.

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 13-12-004, § 392-135-015, filed 5/22/13, effective 6/22/13
Order 7-75, § 392-135-015, filed 12/22/75. Formerly WAC 392-15-910, 392-15-735.

Wash. Admin. Code § 392-135-020 Interdistrict cooperation contracts.

(1) An interdistrict cooperation contract shall be agreed upon by each participating school district and include and set forth at least the following:

(a) A description of the services and program.

(b) The number of students to be served from each district.

(c) The estimated amount of any operating costs of the program that are not funded from state or federal sources and the method of sharing such unfunded costs.

(2) Interdistrict cooperation programs shall be:

(a) Voluntary.

(b) Tuition free.

(i) Providing educational programs not otherwise available; and/or

(ii) Avoiding unnecessary duplications of specialized or unusually expensive programs and facilities; and/or

(iii) Improving racial balance within and among school districts.

(d) Interdistrict cooperation contracts shall be approved in advance of the board of directors of each participating school district.

(e) Interdistrict cooperation contracts shall be retained by each participating school district, and shall be made available upon request for audit or review purposes.

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 13-12-004, § 392-135-020, filed 5/22/13, effective 6/22/13. Statutory Authority: RCW 28A.58.075(2) and 28A.58.245. WSR 81-19-091 (Order 81-21), § 392-135-020, filed 9/18/81
Order 7-75, § 392-135-020, filed 12/22/75. Formerly WAC 392-15-915, 392-15-740.

Wash. Admin. Code § 392-135-021 Reporting requirements.

(1) Each school district shall provide, upon request of the superintendent of public instruction, such data as the superintendent deems appropriate to identify the resident school district of all nonresident students enrolled in a school district cooperative program who are attending classes in a school district other than the school district in which the student is resident, excepting all high school students from nonhigh school districts.

(2) Data required by this section shall be used by the superintendent of public instruction for the purposes of WAC 392-121-170 and chapter 392-139 WAC as now or hereafter amended.

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 13-12-004, § 392-135-021, filed 5/22/13, effective 6/22/13. Statutory Authority: RCW 28A.58.075(2) and 28A.58.245. WSR 81-19-091 (Order 81-21), § 392-135-021, filed 9/18/81.

Wash. Admin. Code § 392-135-030 Cooperative financing of construction.

Cooperative financing involving the construction of any educational facility and arrangements therefor pursuant to RCW 28A.335.160(1) shall be in compliance with regulations established by the office of superintendent of public instruction in chapters 392-345 and 392-346 WAC, as now or hereafter amended.

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 13-12-004, § 392-135-030, filed 5/22/13, effective 6/22/13. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-135-030, filed 7/19/90, effective 8/19/90
Order 7-75, § 392-135-030, filed 12/22/75. Formerly WAC 392-15-945, 392-15-770.

Wash. Admin. Code § 392-135-035 Nonhigh school district obligation.

No arrangement pursuant to this chapter shall alter a nonhigh school district's obligation to a high school district pursuant to chapter 28A.545 RCW.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-135-035, filed 7/19/90, effective 8/19/90
Order 7-75, § 392-135-035, filed 12/22/75.

Chapter 392-136 Finance—Conversion of accumulated sick leave.

Wash. Admin. Code § 392-136-003 Authority.

The authority for this chapter as applied to educational service districts is RCW 28A.310.490 which authorizes the superintendent of public instruction to adopt rules and regulations related to a mandatory attendance incentive program for all employees of educational service districts. The authority for this chapter as applied to school districts is RCW 28A.400.210 which authorizes the superintendent of public instruction to adopt rules and regulations related to a permissive attendance incentive program for employees of school districts.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-136-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-003, filed 1/26/84.

Wash. Admin. Code § 392-136-005 Purpose.

The purpose of this chapter is to implement RCW 28A.400.210 and 28A.310.490 which provide for compensating school district and educational service district employees for accumulated sick leave. The rules set forth in this chapter are not intended to govern the leave policies of a district for other purposes.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-136-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-005, filed 1/26/84. Statutory Authority: RCW 28A.58.097. WSR 82-16-036 (Order 82-6), § 392-136-005, filed 7/28/82. Statutory Authority: 1980 c 182 §§ 5 and 6. WSR 80-12-029 (Order 80-23), § 392-136-005, filed 8/28/80.

Wash. Admin. Code § 392-136-010 Definitions.

As used in this chapter:

(1) The term "month of employment" shall mean each calendar month during which an individual is considered by a school or educational service district to be an employee of the district by virtue of the existence of an oral or written contractual relationship which either obligates the individual to perform services during the month or thereafter or obligates the district to provide compensation to the individual during the month or thereafter for services provided, or both.

(2) The terms "full day" and "full day of sick leave" shall each mean and be equivalent to one day of full-time employment for each employee or classification of employees as established by policies now or hereafter adopted by each individual school and educational service district board or by the pertinent terms of applicable collective bargaining contracts, or both.

(3) The term "full-time daily rate of compensation" shall mean the salary of an employee or classification of employees for each full day of employment exclusive of supplemental pay such as extracurricular pay, overtime pay, standby pay and premium pay, and exclusive of fringe benefits such as health insurance premiums and other forms of insurance premiums.

(4) The term "sick leave" shall mean leave granted to an employee for the purpose of absence from work with pay in the event of illness or injury, or both.

History

Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-010, filed 1/26/84. Statutory Authority: 1980 c 182 §§ 5 and 6. WSR 80-12-029 (Order 80-23), § 392-136-010, filed 8/28/80.

Wash. Admin. Code § 392-136-015 Annual conversion of accumulated sick leave.

(1) Commencing in January 1981, and each January thereafter, each eligible, current employee of a school district and educational service district may elect to convert excess sick leave to monetary compensation as provided in this section.

(2) Eligible employees, excess sick leave and the conversion of excess sick leave to monetary compensation shall be determined as follows:

(a) Eligible employees: In order to be eligible to convert excess sick leave days to monetary compensation, an employee:

(i) Shall be an employee of an educational service district or an employee of a school district that has adopted an attendance incentive program covering such employee pursuant to WAC 392-136-065;

(ii) Shall have accumulated in excess of 60 full days of unused sick leave at a rate of accumulation no greater than one full day per month (a maximum of 12 days per year) as of the end of the previous calendar year; and

(iii) Shall provide written notice to his or her employer during the month of January of his or her intent to convert excess sick leave days to monetary compensation.

(b) Excess sick leave: The number of sick leave days which an eligible employee may convert shall be determined by:

(i) Taking the number of sick leave days in excess of 60 full days that were accumulated by the employee during the previous calendar year at a rate of accumulation no greater than one full day per month of employment as provided by the leave policies of the district(s) of employment (a maximum of 12 days per year); and

(ii) Subtracting therefrom the number of sick leave days used by the employee during the previous calendar year.

The remainder, if positive, shall constitute the number of sick leave days which may be converted to monetary compensation.

(c) Rate of conversion: Sick leave days that are eligible for conversion shall be converted to monetary compensation at the rate of 25 percent of a daily rate of pay at the employee's current hourly rate of compensation based on a 1.0 full-time equivalent staff schedule. Partial days of eligible sick leave shall be converted on a pro rata basis.

(3) All sick leave days converted pursuant to this section shall be deducted from an employee's accumulated sick leave balance.

(4) Compensation received pursuant to this section shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.

History

Statutory Authority: RCW 28A.310.490, 28A.400.210, and 28A.400.380. WSR 24-22-050, s 392-136-015, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-015, filed 1/26/84. Statutory Authority: 1980 c 182 §§ 5 and 6. WSR 80-12-029 (Order 80-23), § 392-136-015, filed 8/28/80.

Wash. Admin. Code § 392-136-020 Conversion of sick leave upon separation from district employment.

(1) Eligible employees: Upon separation from district employment the following employees may personally, or through their estate in the event of death, elect to convert all eligible, accumulated, unused sick leave up to a maximum of one hundred eighty days to monetary compensation as provided in this section:

(a) Eligible educational service district employees are those who terminate employment with the educational service district due to either retirement or death.

(b) Eligible school district employees are those who qualify under an attendance incentive program established by the school district board of directors pursuant to WAC 392-136-065 and who:

(i) Separate from employment with the school district due to death or retirement; or

(ii) After June 7, 2000, separate from employment with the school district and are at least age 55 and:

(A) Have at least 10 years of service under teachers' retirement plan 3 as defined in RCW 41.32.010(40), or under the Washington school employees' retirement system plan 3 as defined in RCW 41.35.010(31); or

(B) Have at least 15 years of service under teachers' retirement system plan 2 as defined in RCW 41.32.010(39), under Washington school employees' retirement system plan 2 as defined in RCW 41.35.010(30), or under public employees' retirement system plan 2 as defined in RCW 41.40.010(34).

(c) In order to receive reimbursement for unused sick leave, by virtue of retirement pursuant to subsection (1)(a) or (1)(b)(i) of this section the employee must have separated from such employment and have been granted a retirement allowance under the laws governing the teachers' retirement system, the public employees' retirement system, or the school employees' retirement system whichever applies; however, it is not necessary that the employee actually file for retirement prior to the date of his or her separation so long as the application is thereafter filed within a reasonable period of time and without the occurrence of any intervening covered employment.

(d) Eligible school district employees who qualify under an attendance incentive program established by the school district board of directors pursuant to WAC 392-136-065 and who have previously separated from a school district due to retirement may cash out subsequent earned sick leave under the following exceptions:

(i) The employee ceases receipt of retirement benefits and reestablishes membership in the retirement system, including resuming payments into the system; or

(ii) The employee establishes, and makes payment into, a second retirement system from which they may subsequently retire.

(2) Eligible sick leave days include all unused sick leave days that have been accumulated from year to year up to a maximum of the number of contracted days agreed to in a given contract, but not greater than one year, by an eligible employee, less sick leave days previously converted pursuant to WAC 392-136-015 and those credited as service rendered for retirement purposes.

(3) Rate of conversion: Sick leave days that are eligible for conversion shall be converted to monetary compensation at the rate of 25 percent of an employee's daily rate of pay at the employee's current hourly rate of compensation based on a 1.0 full-time equivalent staff schedule. Partial days of eligible sick leave shall be converted on a pro rata basis.

(4) Deduction of converted days: All sick leave days converted pursuant to this section shall be deducted from an employee's accumulated sick leave balance.

(5) Exclusion from retirement allowance: Compensation received pursuant to this section shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.

History

Statutory Authority: RCW 28A.310.490, 28A.400.210, and 28A.400.380. WSR 24-22-050, s 392-136-020, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 28A.150 RCW. WSR 05-17-175, § 392-136-020, filed 8/23/05, effective 9/23/05. Statutory Authority: RCW 28A.400.210. WSR 01-11-098, § 392-136-020, filed 5/18/01, effective 6/18/01. Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-020, filed 1/26/84. Statutory Authority: RCW 28A.58.100(2). WSR 82-16-038 (Order 82-8), § 392-136-020, filed 7/28/82. Statutory Authority: 1980 c 182 §§ 5 and 6. WSR 80-12-029 (Order 80-23), § 392-136-020, filed 8/28/80.

Wash. Admin. Code § 392-136-025 Conversion of sick leave upon retirement or death for postretirement medical benefits.

School districts and educational service districts may, in lieu of monetary compensation, as provided for in WAC 392-136-020, make payment to an organization for postretirement medical benefits when each of the following conditions have been met:

(1) The organization is authorized under law to engage in the receipt and management of moneys for postretirement medical benefits; and

(2) The organization and the employee have furnished a signed statement holding the school district or educational service district harmless for any loss, liability, or damages that may occur arising from making the payment to the organization for postretirement medical benefits.

Moneys paid under this section for postretirement medical benefits shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.

History

Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 90-16-043 (Order 20), § 392-136-025, filed 7/24/90, effective 8/24/90.

Wash. Admin. Code § 392-136-060 Application to school districts.

The provisions of this chapter as applied to school districts are applicable only to school district employees included within an incentive attendance program established pursuant to WAC 392-136-065. The provisions of WAC 392-136-060 through 392-136-085 are applicable only to school districts.

History

Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-060, filed 1/26/84.

Wash. Admin. Code § 392-136-065 School districts—Board authority—Subject to collective bargaining if applicable.

Every school district board of directors may establish an attendance incentive program as provided for in this chapter for any or all certificated and noncertificated employees: Provided, That the terms and conditions of an attendance incentive program for employees represented by a bargaining representative pursuant to either chapter 41.56 or 41.59 RCW, shall be established and implemented in accordance with chapter 41.56 or 41.59 RCW, whichever chapter is applicable.

History

Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-065, filed 1/26/84.

Wash. Admin. Code § 392-136-070 School districts—Basis of accounting for accumulated sick leave balance for buy out purpose.

Sick leave for buy out purpose shall be earned, used, and converted to monetary compensation on a last-in first-out (LIFO) basis in accordance with the provisions of this chapter. The reduction to one hundred eighty days on December 31, 1983 and each year thereafter, as provided in WAC 392-136-075, shall be on a LIFO basis, after the December 31 balance has first been reduced for any front end loaded unearned days which may be posted for sick leave purpose but not earned for sick leave buy out purpose.

History

Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-070, filed 1/26/84.

Wash. Admin. Code § 392-136-075 School districts—Annual one hundred eighty-day limitation on accumulated sick leave balance for buy out purpose.

The maximum accumulated sick leave balance for buy out purpose shall be controlled as follows:

(1) Commencing at midnight December 31, 1983 and on each midnight December 31 thereafter, and prior to the addition of sick leave earned for January, but after the transactions for sick leave earned and used for December and after reductions of sick leave balance due to conversion of sick leave during January, each employee of a school district shall be limited for sick leave buy out purpose to a maximum earned sick leave balance of one hundred eighty days on such date and time. This balance does not include any front end loaded or other days which may be posted for sick leave purpose but not earned for sick leave buy out purpose.

(2) Commencing on January 31, 1984 and on the end of each month thereafter there shall be added to the accumulated sick leave balance of each employee for sick leave buy out purpose sick leave earned during that month.

(3) Each employee whose sick leave balance for buy out purpose exceeds one hundred eighty days on midnight December 31, computed in accordance with the first paragraph of this section, shall lose days accumulated that are in excess of this maximum in January of each year if such employee fails to exercise the annual buy out option provided for in this chapter or if such employee's sick leave buy out balance exceeds this maximum for any other reason.

History

Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-075, filed 1/26/84.

Wash. Admin. Code § 392-136-085 School districts—Previous payments in connection with excess accumulations of sick leave disregarded.

Nothing in this chapter shall be construed as requiring or allowing, on account of a previous accumulation of sick leave in excess of one hundred eighty days, the recovery of payments for either used or converted sick leave made during the period of June 13, 1980, through July 23, 1983, to any school district employee who had been allowed by his or her school district of employment to accumulate an unused sick leave balance in excess of one hundred eighty days. And nothing in this chapter shall be construed as requiring or allowing the accumulated unused and unconverted sick leave balance of any employee of a school district to be reduced on account of any such payment.

History

Statutory Authority: RCW 28A.21.360 and 28A.58.096. WSR 84-04-034 (Order 84-2), § 392-136-085, filed 1/26/84.

Chapter 392-136A Finance—Shared leave.

Wash. Admin. Code § 392-136A-010 Authority.

The authority for this chapter is RCW 28A.400.380, which authorizes the superintendent of public instruction to adopt rules promulgating standards governing the administration of the shared leave program which permits sharing of leave by qualified school district and educational service district employees.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-010, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-015 Purpose.

The purpose of this chapter is to set forth standards establishing appropriate parameters for shared leave programs administered by school districts and educational service districts that are consistent with the provisions of RCW 41.04.650 through 41.04.665 and procedures to ensure that the program does not significantly increase the cost of providing leave.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-015, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-020 Definitions.

As used in this chapter the term:

(1) "Annual leave" means vacation leave that an employee accrues and is maintained in records of a district for employees eligible to accrue annual leave.

(2) "District" means a school district or an educational service district.

(3) "Domestic violence" has the same meaning as set forth in RCW 41.04.655.

(4) "Donated annual leave" means the amount of annual leave donated by a leave donor under the shared leave program.

(5) "Donated sick leave" means the amount of sick leave donated by a leave donor under the shared leave program.

(6) "Donated personal holiday" means the amount of personal holiday donated by a leave donor under the shared leave program of an educational service district pursuant to RCW 1.16.050.

(7) "Employee" means any school district or educational service district employee entitled to use and accrue annual and/or sick leave and for whom accurate leave records are maintained.

(8) "Employee's relative" means the employee's spouse, registered domestic partner, child, stepchild, grandchild, grandparent, parent, or sibling.

(9) "Extraordinary or severe" means serious or extreme and/or life threatening.

(10) "Family or household members" has the same meaning as set forth in RCW 10.99.020.

(11) "Household members" means persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. The term does not include persons sharing the same house when the living style is primarily that of a dormitory or commune.

(12) "Leave donor" means an employee who has an approved request for the transfer of annual leave, sick leave, or personal holiday to the shared leave program.

(13) "Leave recipient" means a current employee who has an approved application to receive shared leave.

(14) "Parental leave" means leave to bond and care for a newborn child after birth or to bond and care for a child after placement for adoption or foster care.

(15) "Personal holiday" means the additional paid holiday per calendar year granted to an educational service district employee pursuant to RCW 1.16.050.

(16) "Pregnancy disability" means a pregnancy-related medical condition or miscarriage.

(17) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

(18) "Sexual assault" has the same meaning as set forth in RCW 70.125.030.

(19) "Sick leave" means leave granted to an employee for the purpose of absence from work with pay in the event of illness, injury, and emergencies as authorized in RCW 28A.400.300.

(20) "Stalking" has the same meaning as set forth in RCW 9A.46.110.

(21) "State employer" means a state agency, the legislature, an institution of higher education, or a related higher education board.

(22) "Uniformed services" means the armed forces, the Army National Guard, and the Air National Guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time National Guard duty, or state active duty, the commissioned corps of the Public Health Service, the Coast Guard, and any other category of persons designated by the president of the United States in time of war or national emergency.

(23) "Victim" means a person against whom domestic violence, sexual assault, or stalking has been committed as defined in this section.

History

Statutory Authority: RCW 28A.400.380. WSR 23-05-082, § 392-136A-020, filed 2/14/23, effective 3/17/23
WSR 19-12-013, § 392-136A-020, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-025 Permissibility of shared leave program.

Pursuant to RCW 28A.400.380, districts may institute a shared leave program for employees. This chapter shall govern such programs.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-025, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-030 Eligibility.

In the event a district implements a shared leave program, an employee shall be eligible to receive shared leave if the district has determined the employee meets the following conditions:

(1) The employee:

(a) Suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature;

(b) Has been called to service in the uniformed services;

(c) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has the needed skills to assist in responding to the emergency or its aftermath and volunteers his or her services to either a governmental agency or to a nonprofit organization engaged in humanitarian relief in the devastated area, and the governmental agency or nonprofit organization accepts the employee's offer of volunteer services;

(d) Is a victim of domestic violence, sexual assault, or stalking;

(e) Is a current member of the uniformed services or is a veteran as defined under RCW 41.04.005, and is attending medical appointments or treatments for a service connected injury or disability;

(f) Is a spouse of a current member of the uniformed services or a veteran as defined under RCW 41.04.005, who is attending medical appointments or treatments for a service connected injury or disability and requires assistance while attending appointment or treatment;

(g) Needs the time for parental leave; or

(h) Is sick or temporarily disabled because of pregnancy disability.

(2) The condition(s) listed in subsection (1) of this section has caused, or is likely to cause, the employee to go on leave without pay or terminate district employment.

(3) The employee's absence and the use of shared leave are justified.

(4) The employee has depleted or will shortly deplete leave in accordance with WAC 392-136A-040.

(5) The employee has abided by district policies regarding:

(a) Sick leave use if the employee qualifies under subsection (1)(a), (d), (g), or (h) of this section; or

(b) Military leave use if the employee qualifies under subsection (1)(b) of this section.

(6) The employee's job is one in which annual leave, sick leave, military leave, or personal holiday can be used and accrued.

History

Statutory Authority: RCW 28A.310.490, 28A.400.210, and 28A.400.380. WSR 24-22-050, s 392-136A-030, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 28A.400.380. WSR 23-05-082, § 392-136A-030, filed 2/14/23, effective 3/17/23
WSR 19-12-013, § 392-136A-030, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-035 Donation of leave.

An employee may donate annual leave, sick leave, or all or part of a personal holiday to another employee or pool for purposes of the state leave sharing program under the following conditions:

(1) Annual leave.

(a) The leave donor may donate any amount of accrued annual leave provided the donation does not cause the leave donor's annual leave balance to fall below ten days. For the purpose of this section, annual leave does not accrue if the leave donor receives compensation in lieu of accumulating a balance of annual leave.

(b) Employees may not donate excess annual leave that the leave donor would not be able to take because of an approaching date after which the annual leave cannot be used.

(2) Sick leave.

(a) The leave donor must have accrued more than twenty-two days of sick leave.

(b) The leave donor may not donate an amount of sick leave that will result in his or her sick leave account going below twenty-two days.

(3) Personal holiday. An educational service district employee may donate part or all of his or her personal holiday to specific individuals or pool.

(4) All donated leave must be given voluntarily. No employee shall be coerced, threatened, intimated, or financially induced into donating leave.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-035, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-040 Depletion of leave.

(1) Employees who qualify for shared leave under WAC 392-136A-030 (1)(a) must first deplete their personal holiday, accrued sick leave, and accrued annual leave before using shared leave. However, the employee can maintain up to 40 hours of annual leave and 40 hours of sick leave.

(2) Employees who qualify for shared leave under WAC 392-136A-030 (1)(b) must first deplete their personal holiday, accrued vacation leave, and paid military leave allowed under RCW 38.40.060 before using shared leave. However, the employee can maintain up to 40 hours of annual leave and 40 hours of paid military leave.

(3) Employees who qualify for shared leave under WAC 392-136A-030 (1)(c) and (d) must first deplete their personal holiday and accrued annual leave. However, the employee can maintain up to 40 hours of annual leave.

(4) Employees who qualify for shared leave under WAC 392-136A-030 (1)(e) or (f) must first deplete their personal holiday, accrued sick leave, and accrued annual leave before using shared leave. However, the employee can maintain up to 40 hours of vacation leave and 40 hours of sick leave.

(5) Employees who qualify for shared leave under WAC 392-136A-030 (1)(g) or (h) must first deplete their personal holiday, accrued annual leave, and accrued sick leave before using shared leave. However, the employee can maintain up to 40 hours of annual leave and 40 hours of sick leave. Employees qualifying for shared leave under WAC 392-136A-030 (1)(g) or (h) must use leave in accordance with RCW 41.04.671.

History

Statutory Authority: RCW 28A.400.380. WSR 23-05-082, § 392-136A-040, filed 2/14/23, effective 3/17/23
WSR 19-12-013, § 392-136A-040, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-045 Maximum amount.

(1) The district determines the amount of shared leave, if any, which a leave recipient may receive. However, a leave recipient must not receive more than 522 days of shared leave during total district employment. The district may authorize shared leave in excess of 522 days in extraordinary circumstances for a leave recipient qualifying for shared leave because they are suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature.

Districts are encouraged to consider other methods of accommodating the employee's needs such as modified duty, modified hours, flex-time, or special assignments in place of shared leave.

(2) The district may not prevent an employee from using shared leave intermittently or on nonconsecutive days so long as the leave has not been returned under WAC 392-136A-070.

(3) An employee receiving shared leave for parental leave in accordance with WAC 392-136A-020 may receive up to 16 weeks of parental leave immediately after the birth or placement, unless the birth parent suffers from a pregnancy disability. When a birth parent suffers from a pregnancy disability, the period of 16 weeks for parental leave begins immediately after the pregnancy disability has ended provided the parental leave is used within the first year of the child's life.

(4) An employee receiving industrial insurance wage replacement benefits may receive up to 25 percent of their base salary from the receipt of shared leave.

History

Statutory Authority: RCW 28A.310.490, 28A.400.210, and 28A.400.380. WSR 24-22-050, s 392-136A-045, filed 10/28/24, effective 11/28/24. Statutory Authority: RCW 28A.400.380. WSR 23-05-082, § 392-136A-045, filed 2/14/23, effective 3/17/23
WSR 19-12-013, § 392-136A-045, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-050 Repayment of shared leave used.

A leave recipient who uses leave that is donated under the state leave sharing program is not required to repay the value of the leave that he or she used.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-050, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-055 Documentation.

An employee may be required to submit the following documentation before the district approves or disapproves the employee's request for shared leave:

(1) For employees seeking shared leave under WAC 392-136A-030 (1)(a), the district may require the employee to submit a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.

(2) For employees seeking shared leave under WAC 392-136A-030 (1)(b), the district may require the employee to submit a copy of the military orders verifying the employee's required service in the uniformed services.

(3) For employees seeking shared leave under WAC 392-136A-030 (1)(c), the district may require proof of acceptance of an employee's offer to volunteer for either a governmental agency or a nonprofit organization during a declared state of emergency.

(4) For employees seeking shared leave under WAC 392-136A-030 (1)(d), the district may require that the request be supported by documentation. An employee may satisfy the verification requirement by providing the employer with one or more of the following:

(a) A police report indicating that the employee was a victim of domestic violence, sexual assault or stalking;

(b) A court order protecting or separating the employee from the perpetrator of the act of domestic violence, sexual assault or stalking;

(c) Evidence from the court or prosecuting attorney that the employee appeared or is scheduled to appear in court in connection with an incident of domestic violence, sexual assault or stalking;

(d) An employee's written statement that the employee is a victim of domestic violence, sexual assault or stalking; or

(e) Documentation that the employee is a victim of domestic violence, sexual assault or stalking, from any of the following persons from whom the employee or employee's family member sought assistance in addressing the domestic violence, sexual assault or stalking: An advocate for victims of domestic violence, sexual assault or stalking; an attorney; a member of the clergy; or a medical or other professional.

(5) For employees seeking shared leave under WAC 392-136A-030 (1)(e) or (f), the district may require the employee provide a veterans affairs benefits summary letter from the U.S. Department of Veterans Affairs and a copy of "DD Form 214" or a letter from the employee's command indicating the employee is a current member of the uniformed services and verifying that:

(a) The employee is attending medical appointments or treatments for a service connected injury or disability including U.S. Department of Veterans Affairs compensation and pension examinations; or

(b) The employee is a spouse of a veteran who requires assistance while attending medical appointments or treatments for a service connected injury or disability including U.S. Department of Veterans Affairs compensation and pension examinations.

(6) For employees seeking shared leave under WAC 392-136A-030 (1)(g), the district may require verification of the birth or adoption of the child or proof of a current foster parent license or a court document for foster care or placement.

(7) For employees seeking shared leave under WAC 392-136A-030 (1)(h), the employer may require a medical certification from a licensed physician or health care practitioner verifying that the employee has a pregnancy disability.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-055, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-060 Calculation of shared leave benefit—Proration.

Shared leave between employees of the same district shall be calculated as follows:

(1) The leave recipient shall be paid his or her regular rate of pay. Therefore, the value of one hour of shared leave may cover more or less than one hour of the recipient's salary. The dollar value of the leave shall be converted from the donor to the recipient. The leave received shall be coded as shared leave and shall be maintained separately from all other leave balances.

(2) In the alternative, the dollar value of the leave donated shall be ignored and the leave shall be calculated on a day donated and day received basis.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-060, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-065 Shared leave benefits—Transfers between districts—Calculations of donated leave amounts.

(1) Districts shall have the option, as a matter of board policy, of allowing their employees to share leave with employees of other districts or state employers, or to receive leave from employees of other districts or state employers.

(2) The leave recipient shall be paid his or her regular rate of pay. Therefore, the value of one hour of shared leave may cover more or less than one hour of the recipient's salary.

(3) Leave shared between districts and/or state employers shall be calculated in a format designated by the office of superintendent of public instruction. Donated shared leave shall be converted into the dollar equivalent. Received shared leave shall be converted from the dollar amount received into days to be paid. Shared leave shall be transferred between districts and/or state employers based on the dollar equivalent computed under this section.

(4) Leave received shall be coded as shared leave and shall be maintained separately from all other leave balances.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-065, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-070 Unused shared leave.

(1) Any shared leave not used by the leave recipient during each incident or occurrence as determined by the district must be returned to the leave donor(s).

(2) If shared leave has been granted for a leave recipient who suffers from an illness, injury, impairment, or physical mental condition which is of an extraordinary or severe nature, unused shared leave may not be returned to the leave donor until one of the following occurs:

(a) The district receives a statement from the leave recipient's licensed physician or health care practitioner verifying that the illness or injury is resolved; or

(b) The leave recipient is released by his or her licensed physician or health care practitioner to return to the leave recipient's normal schedule; has not received additional medical treatment for his or her current condition or any other qualifying condition for at least six months; and his or her licensed physician or health care practitioner has declined, in writing, the leave recipient's request for a statement indicating the leave recipient's condition has been resolved.

(3) The remaining unused shared leave must be returned to the leave donors and reinstated to the respective donors' appropriate leave balances.

(4) Any portion of a personal holiday that is accrued by an educational service district employee, donated as shared leave, and then returned during the same calendar year to the leave donor may be taken by the leave donor.

History

Statutory Authority: RCW 28A.400.380. WSR 19-12-013, § 392-136A-070, filed 5/24/19, effective 6/24/19.

Wash. Admin. Code § 392-136A-075 Annual conversion of accumulated sick leave.

The provisions of this chapter shall not reduce the ability of the employee to convert accumulated sick leave under WAC 392-136-015.

History

Statutory Authority: RCW 28A.400.380. WSR 23-05-082, § 392-136A-075, filed 2/14/23, effective 3/17/23
WSR 19-12-013, § 392-136A-075, filed 5/24/19, effective 6/24/19.

Chapter 392-137 Finance—Nonresident attendance.

Wash. Admin. Code § 392-137-100 Authority.

The authority for this chapter is RCW 28A.225.230 which authorizes the superintendent of public instruction to review through formal adjudication school district decisions to not release resident students and to not accept nonresident students. This authority is buttressed by RCW 34.05.220(4) which authorizes the state agency charged with the adjudication of individual cases, in this case the superintendent of public instruction, to adopt rules formalizing the general principles applicable to deciding such cases.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-100, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-105 Purpose.

The purpose of this chapter is to formalize the principles applicable to adjudication of cases related to nonresident school attendance.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-105, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-110 Nonresident attendance exempt from adjudication.

The following nonresident attendance arrangements and entitlements are exempt from the adjudication provisions of this chapter:

(1) Interdistrict cooperation programs conducted in accordance with RCW 28A.335.160 or 28A.225.250 and chapter 392-135 WAC.

(2) Programs temporarily conducted in behalf of another district in accordance with RCW 28A.225.200

(3) Reciprocity programs with continuous out-of-state school districts conducted pursuant to RCW 28A.225.260.

(4) The attendance of students from other districts who, by operation of law, have a statutory entitlement to attend school in a nonresident district—to wit the following:

(a) Children who reside within certain federal lands or Indian reservations as provided in RCW 28A.225.170.

(b) Children who reside in school districts which do not provide the grade in which the student is eligible to enroll as provided in RCW 28A.225.210.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-110, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-115 Student residence—Definition.

As used in this chapter, the term "student residence" means the physical location of a student's principal abode—i.e., the home, house, apartment, facility, structure, or location, etc.—where the student lives the majority of the time. The following shall be considered in applying this section:

(1) The mailing address of the student—e.g., parent's address or post office box—may be different than the student's principal abode.

(2) The student's principal abode may be different than the principal abode of the student's parent(s).

(3) The lack of a mailing address for a student does not preclude residency under this section.

(4) If students are expected to reside at address for twenty consecutive days or more.

History

Statutory Authority: RCW 28A.150.290(1). WSR 10-15-041, § 392-137-115, filed 7/13/10, effective 8/13/10. Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-115, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-120 Resident district—Definition.

As used in this chapter, the term "resident district" means the district in which the student's residence is located.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-120, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-125 Nonresident district—Definition.

As used in this chapter, the term "nonresident district" means the district in which the student is enrolled or is seeking entrance and in which the student's residence is not located.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-125, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-130 Release of students to nonresident districts.

A resident district shall release a student to a nonresident district if the student meets each of the following conditions:

(1) The nonresident district agrees to accept the student.

(2) The student demonstrates a ground for release as specified in WAC 392-137-135, 392-137-140, or 392-137-145.

(3) The resident district has not denied the release for desegregation reasons as specified in WAC 392-137-150.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-130, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-135 Affecting condition—Ground for release.

A district shall release a student if a financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer. The following shall be considered in applying this section:

(1) The term "condition affecting the student" means a financial, educational, safety, or health benefit which can not be met or achieved by attendance in the student's resident district.

(2) The term "would likely be reasonably improved" means it is probable, in the judgment of a reasonable person, that the nature and effect of the benefit to be received will be real and meaningful.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-135, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-140 Accessibility to work or child care—Ground for release.

A district shall release a student if attendance in the nonresident district is more accessible to the parent's place of work or to the location of child care. The following shall be considered in applying this section:

(1) The term "parent" means one or more adults with custodial responsibility for the child.

(2) The term "more accessible" means a difference to an extent which is more than de minimis.

(3) The term "child care" means any form of adult supervision for a child who is in need of such adult supervision.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-140, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-145 Special condition—Ground for release.

A district shall release a student if there is a special hardship or detrimental condition. The following shall be considered in applying this section:

(1) The term "special" means a circumstance or factor which is generally not applicable to other students or families.

(2) The terms "hardship" and "detrimental condition" apply to any circumstance or factor harmfully affecting the student or student's immediate family and is not restricted to a financial, educational, safety, or health condition.

(3) The following are judged by the superintendent of public instruction to constitute a special hardship or detrimental condition, the proof of which is a per se hardship or condition for the order of a release:

(a) A student who was enrolled the previous school year in a nonresident district who is scheduled to complete in the same nonresident district during the next school year the highest grade offered in the resident district.

(b) A student who has completed two or more school years in a nonresident district without a release but with the knowledge of such nonresident attendance by the superintendent or any member of the board of directors of the resident district.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-145, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-150 Desegregation—Ground for denial of release.

A district may deny a release if the release would adversely affect the district's existing desegregation plan.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-150, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-155 Appeal to SPI—Denial of release.

The decision of a resident school district to not release a resident student may be appealed to the superintendent of public instruction. The right of appeal is subject to each of the following conditions:

(1) The appeal is filed by the student's parent or a custodial adult or by the student if the student is eighteen years of age or older.

(2) The resident district has denied the release or has failed to consider the request for the release. The following shall apply:

(a) For the purpose of this subsection, a denial is established by one of the following:

(i) A copy of the minutes of the board of directors of the resident district which establishes that the board has denied a request to release the resident student.

(ii) A written statement by the superintendent of the resident district that the board has taken action denying the release.

(b) For the purpose of this subsection a refusal to consider a request for a release is established by:

(i) Copy of correspondence addressed to the superintendent of the resident district requesting a release and which sets forth the grounds for the release.

(ii) An affidavit by the appellant indicating the resident district board of directors has failed to act on the request and that at least forty-five calendar days has transpired since the request for the release was mailed or delivered to the superintendent of the resident district.

(3) The nonresident district has agreed to accept the student. For the purpose of this subsection an acceptance is established by one of the following:

(a) A copy of minutes of the board of directors of the nonresident district that establishes that the nonresident student has been accepted.

(b) A written statement by the superintendent of the district that the nonresident student has been accepted.

(c) Any documentation that the nonresident district has a policy of accepting one or more of the following categories of nonresident students:

(i) All nonresident students.

(ii) All nonresident students who are released by the resident school district.

(iii) All nonresident students who are released by order of the superintendent of public instruction or by the court.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-155, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-160 Admission by nonresident district—Released students.

A nonresident district may admit all nonresident students who are released by a resident district, the superintendent of public instruction, or a court of law. The provisions of RCW 28A.225.240 shall apply for apportionment and other purposes.

History

Statutory Authority: RCW 28A.150.290. WSR 97-20-003 (Order 97-04), § 392-137-160, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-160, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-190 Appeal notice—Denial of release or admission.

Requests for an appeal shall be addressed to the superintendent of public instruction's designee and shall contain the following:

(1) The name, age, grade level, and residence address, if any, of the student.

(2) The name, mailing address, if any, and the legal relationship of the person, if any, filing the notice of appeal on behalf of the student.

(3) In the case of denial of release, documentation indicating the conditions of WAC 392-137-155 have been met and a copy of all documents or other written evidence submitted to the resident district which indicates the grounds for the requested release.

(4) In the case of denial of admission, documentation that the nonresident district has failed to comply with the standards and procedures specified in WAC 392-137-205.

History

Statutory Authority: RCW 34.05.220 and 28A.225.230. WSR 20-08-135, § 392-137-190, filed 4/1/20, effective 5/2/20. Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-190, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-195 Filing of notices of appeal.

The superintendent of public instruction's designee must receive a notice of appeal as a condition precedent to exercising jurisdiction under this chapter. The notice of appeal must be filed via mail, by fax, or electronically directly with the office of superintendent of public instruction's designee, the office of administrative hearings, at the following:

Mail:

Office of Administrative Hearings

600 University Street, Suite 1500

Seattle, WA 98101-3126

Fax: 206-587-5135

Electronically: Successfully uploading documents through the filing portal operated by the office of administrative hearings.

History

Statutory Authority: RCW 34.05.220 and 28A.225.230. WSR 20-08-135, § 392-137-195, filed 4/1/20, effective 5/2/20. Statutory Authority: RCW 28A.150.290. WSR 97-20-003 (Order 97-04), § 392-137-195, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-195, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-205 Noncompliance with standards and procedures—Ground for admission.

A nonresident student who is denied admission to a nonresident district shall be ordered admitted by the superintendent of public instruction if the district does not comply with the standards and procedures specified in section 203, chapter 9, Laws of 1990 1st ex. sess.—to wit the following:

(1) "All districts accepting applications from nonresident students for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990." The following shall be considered in applying this subsection:

(a) Applications from nonresident students for the purpose of this section do not include students who are attending the district pursuant to arrangements or entitlements noted in WAC 392-137-110.

(b) The requirement to consider all applications equally does not preclude the establishment of a priority system that is fair and equitable under equal protection standards.

(c) The failure of a district to have adopted an admission policy at the time of the student's denial of admission, not the June 30, 1990 deadline, will govern an order to admit for failure to adopt any policy regarding admission.

(2) "The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3)." The following shall be considered in applying this subsection:

(a) All applications must be acted upon by accepting or denying the application within forty-five calendar days of receipt by the nonresident district or the application will be deemed to have been denied for purposes of this section.

(b) The district must make reasonable effort to deliver the written notification of denial to the applicant.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-205, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-225 Length of release.

All releases of resident students, whether granted by the resident district or ordered by the superintendent of public instruction, shall state the length of the release or the condition subsequent which would cause the release to be terminated. The termination of a release, for the purpose of this chapter, shall be adjudicated as per the provisions regarding a request for a release.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-225, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-230 Length of acceptance.

(1) All acceptances of nonresident students, whether granted by the nonresident district or ordered by the superintendent of public instruction, shall state the length of the acceptance or the condition subsequent which would cause the acceptance to be terminated. The termination of an acceptance, for the purpose of this chapter, shall be adjudicated as per the provisions regarding a denial of acceptance.

(2) School districts enrolling nonresident students are subject to all school district duties and liabilities pertaining to such students until the end of the transfer, including ensuring the student's compulsory attendance pursuant to chapter 28A.225 RCW. If the transfer is rescinded before the end date according to conditions listed in the nonresident school district policy, the resident school district reassumes responsibility for the student upon the date they are notified of the rescindment.

(3) School districts enrolling a nonresident student must inform the resident school district if the student drops out of the school or is otherwise no longer enrolled.

History

Statutory Authority: RCW 28A.225.230. WSR 14-22-080, § 392-137-230, filed 11/3/14, effective 12/4/14. Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-230, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-235 Residency of handicapped children—Special condition.

Notwithstanding the definitions of resident and nonresident district pursuant to this chapter, in the event a student who is eligible for special education pursuant to chapter 392-172A WAC transfers pursuant to this chapter from a resident school district to a nonresident district, the nonresident district shall be deemed the resident district for the purposes of chapter 392-172A WAC and shall be required to perform all legal duties as otherwise required by the resident district, including the transportation of the transferring handicapped student if so required as a related service.

History

Statutory Authority: RCW 28A.150.290. WSR 09-06-040, § 392-137-235, filed 2/25/09, effective 3/28/09. Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-235, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-240 Transportation of students—Funding—Cooperative agreements.

Chapter 28A.160 RCW, School transportation authorizes state funding for transportation of students transported from outside of district boundaries and furthermore authorizes cooperative arrangements among districts regarding the transportation of students from one district to another.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-240, filed 9/17/90, effective 10/18/90.

Wash. Admin. Code § 392-137-245 Hearings.

The hearings provided for in this chapter shall be conducted in compliance with chapter 392-101 WAC.

History

Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-245, filed 9/17/90, effective 10/18/90.

Chapter 392-138 Finance—Associated student body moneys.

Wash. Admin. Code § 392-138-003 Authority.

The authority for this chapter is RCW 28A.325.020 which authorizes the superintendent of public instruction to adopt rules and regulations regarding the administration and control of associated student body moneys. This chapter is further authorized under RCW 28A.710.040(5), which provides that public charter schools are subject to the supervision of the superintendent of public instruction to the same extent as other public schools.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-003, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-003, filed 7/25/01, effective 8/25/01. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-138-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.58.115. WSR 84-13-025 (Order 84-15), § 392-138-003, filed 6/13/84.

Wash. Admin. Code § 392-138-005 Purposes.

The purposes of this chapter are to:

(1) Implement RCW 28A.325.020;

(2) Designate the powers and responsibilities of the board of directors of each school district and charter school board regarding the efficient administration, management, and control of moneys, records, and reports of associated student body funds;

(3) Encourage the supervised self-government of associated student bodies; and

(4) Permit fund-raising activities by students in their private capacities for the purpose of generating nonassociated student body private moneys.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-005, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-005, filed 7/25/01, effective 8/25/01. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-138-005, filed 7/19/90, effective 8/19/90
Order 4-76, § 392-138-005, filed 3/4/76, effective 7/1/76.

Wash. Admin. Code § 392-138-010 Definitions.

(1) "Associated student body organization" means a formal organization of students, including subcomponents or affiliated student groups such as student clubs, which is formed with the approval, and operated subject to the control, of the board of directors of a school district or a charter school board in compliance with this chapter.

(2) "Associated student body program" means any activity which (a) is conducted in whole or part by or in behalf of an associated student body during or outside regular school hours and within or outside school grounds and facilities, and (b) is conducted with the approval, and at the direction or under the supervision, of the school district and charter school.

(3) "Central district office" means the board of directors, the charter school board, and/or their respective official designee to whom authority has been delegated to act in their behalf.

(4) "Associated student body public moneys" means fees collected from students and nonstudents as a condition to their attendance at any optional noncredit extracurricular event of the school district or charter school which is of a cultural, social, recreational or athletic nature, revenues derived from "associated student body programs" as defined in subsection (2) of this section, and any other moneys received by an associated student body, not specified in subsection (5) of this section and WAC 392-138-100, for the support of an associated student body program.

(5) "Nonassociated student body private moneys" means moneys generated by fund-raising activities or solicitation of donations by student groups in their private capacities for private purposes and/or private gifts and contributions.

(6) "Associated student body governing body" means the student council, student activities board, or other officially recognized group of students appointed or elected to represent the entire associated student body within a school in accordance with procedures established by the board of directors of the school district or a charter school board.

(7) "Trust fund" means a fund used to account for assets held by the district or charter school in a trustee capacity for the specific purpose designated by the fund-raising group and described in the notice provided to donors prior to the fund-raising event. Such moneys must be accounted for separately from associated student body public moneys.

(8) "Held in trust" means held as private moneys either within a separate account within the associated student body fund or in a trust fund to be disbursed exclusively for an intended purpose.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-010, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-010, filed 7/25/01, effective 8/25/01. Statutory Authority: RCW 28A.58.115. WSR 84-13-025 (Order 84-15), § 392-138-010, filed 6/13/84
Order 4-76, § 392-138-010, filed 3/4/76, effective 7/1/76.

Wash. Admin. Code § 392-138-011 Formation of associated student bodies required.

The formation of an associated student body shall be mandatory and a prerequisite whenever one or more students of a school district or charter school engages in money-raising activities with the approval and at the direction or under the supervision of the district: Provided, (1) that the board of directors of a school district may act, or delegate the authority to an employee(s) of the district to act, as the associated student body governing body for any school facility within the district containing no grade higher than the sixth grade; and (2) that the charter school board may act, or delegate the authority to an employee(s) of the school to act, as the associated student body governing body for any charter school containing no grade higher than the sixth grade.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-011, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-011, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-013 Powers—Authority and policy of school boards.

(1) The board of directors of each school district shall:

(a) Retain and exercise the general powers, authority, and duties expressed and implied in law with respect to the administration of a school district and regulation of actions and activities of the associated student bodies of the district including, but not limited to RCW 28A.320.010 (Corporate powers), RCW 28A.150.070 (General public school system administration), RCW 28A.320.030 (Gifts, conveyances, etc., for scholarship and student aid purposes, receipts and administration), RCW 28A.600.010 (Government of schools, pupils, and employees), RCW 28A.320.040 (Bylaws of board and school government), RCW 28A.400.030 (2) and (3) (Superintendent's duties), RCW 28A.600.040 (Pupils to comply with rules and regulations), RCW 43.09.200 (Local government accounting—Uniform system of accounting), RCW 36.22.090 (Warrants of political subdivisions), and chapter 28A.505 RCW (School district budgets);

(b) Approve the constitution and bylaws of each district associated student body and establish policies and guidelines relative to:

(i) The identification of those activities which shall constitute the associated student body program;

(ii) The establishment of an official governing body representing the associated student body;

(iii) The methods and means by which students shall be permitted to raise and otherwise acquire associated student body moneys; and

(iv) The designation of the primary advisor to each associated student body and the authority of the primary advisor to designate advisors to the various student subgroup organizations affiliated with an associated student body;

(c) Assign accounting functions, or portions thereof, to the school building level to be performed by a designated representative of an associated student body or centralize the accounting functions at the district central administrative office level;

(d) Provide for the participation of the associated student body or bodies of the school district in the determination of the purposes for which associated student body public moneys and nonassociated student body private moneys if held as private moneys within the associated student body fund shall be budgeted and disbursed.

(2) Public charter school boards shall:

(a) Approve the constitution and bylaws of the charter school's associated student body and establish policies and guidelines relative to:

(i) The identification of those activities which shall constitute the associated student body program;

(ii) The establishment of an official governing body representing the associated student body;

(iii) The methods and means by which students shall be permitted to raise and otherwise acquire associated student body moneys; and

(b) Assign accounting functions, or portions thereof, to the school building level to be performed by a designated representative of an associated student body;

(c) Provide for the participation of the associated student body in the determination of the purposes for which associated student body public moneys and nonassociated student body private moneys if held as private moneys within the associated student body fund shall be budgeted and disbursed.

(3) If the district or charter school permits students to conduct fund-raising activities and solicitation of donations in its private capacities, it shall establish policies to permit such activities and the allowable uses of such moneys. The board policy and/or procedures must include the approval process for such activities as well as provisions to ensure appropriate accountability for these funds, which are required to be held in trust.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-013, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-013, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-014 Accounting procedures and records.

Associated student body public and nonassociated student body private moneys shall be accounted for as follows:

(1) Accounting methods and procedures shall comply with such rules and regulations and/or guidelines as are developed by the state auditor and the superintendent of public instruction and published in the Accounting Manual for Public Schools in the State of Washington and/or other publications;

(2) Whenever two or more associated student bodies exist within a school district or charter school, the accounting records shall be maintained in such a manner as to provide a separate accounting for the transactions of each associated student body in the associated student body program fund;

(3) The fiscal and accounting records of associated student body program moneys shall constitute public records of the school district or charter school, shall be available for examination by the state auditor, and shall be preserved in accordance with statutory provisions governing the retention of public records; and

(4) Nonassociated student body private moneys shall be held in trust by the school within the associated student body fund or within a trust fund and be disbursed exclusively for such purposes as the student group conducting the fund-raising activity shall determine, subject to applicable school board or charter school policies. The district or charter school shall either withhold or otherwise be compensated an amount from such moneys to pay its direct costs in providing the service. Such funds are private moneys, not public moneys under section 7, Article VIII of the state Constitution.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-014, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-014, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-017 Segregation of public and private moneys.

When a school district or a charter school board has associated student body organizations that receive both public and private moneys as defined in WAC 392-138-010 (4) and (5), two separate sets of accounts shall be maintained. In addition, separate accounting records should be maintained by organization or purpose including clubs, classes, athletic activities, private purpose fund-raising events and general associated student body.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-017, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-017, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-018 Petty cash funds.

The board of directors of a school district or a charter school board may authorize the establishment and maintenance of associated student body petty cash funds for use in instances when it is impractical to make disbursement by warrant or check, subject to the following conditions:

(1) A petty cash fund shall be initiated by warrant or check;

(2) Paid-out receipts shall constitute invoices for the purpose of vouchering; and

(3) An upper limit of the amount of the petty cash fund shall be established by the board of directors or charter school board.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-018, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-018, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-019 Compliance with bid law required.

The statutory provisions of RCW 28A.335.190 shall govern purchases payable from the associated student body funds.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-019, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-019, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-021 Title to property—Dissolution of associated student body or affiliated group.

Title to all such property acquired through the expenditure of associated student body public moneys shall be vested in the school district or charter school.

In the event a member organization affiliated with an associated student body elects to disband or ceases to exist for any reason, then:

(1) The school district, charter school, and parent associated student body shall cease carrying any money or account on behalf of or to the credit of the organization; and

(2) The records of the organization shall be retained and disposed of in accordance with applicable state law regarding the retention and destruction of public records.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-021, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-021, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-105 Fees optional noncredit extracurricular events.

The board of directors of any common school district may establish and collect a fee from students and nonstudents as a condition to their attendance at any optional noncredit extracurricular event of the district which is of a cultural, social, recreational, or athletic nature: Provided, That in so establishing such fee or fees, the district shall adopt policies for waiving and reducing such fees in the cases of those students whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees and may likewise waive or reduce such fees for nonstudents of the age of sixty-five or over who, by reason of their low income, would have difficulty in paying the entire amount of such fees. An optional comprehensive fee may be established and collected for any combination or all of such events or, in the alternative, a fee may be established and collected as a condition to attendance at any single event. The board of directors shall adopt policies which state that:

(1) Attendance and the fee are optional; and

(2) The district will waive and reduce fees for students whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees.

Fees collected pursuant to this section shall be designated as associated student body public moneys and shall be deposited in the associated student body program fund of the school district. Such funds may be expended to defray the costs of optional noncredit extracurricular events of such a cultural, social, recreational, or athletic nature, or to otherwise support the public activities and programs of associated student bodies.

History

Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-105, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-110 Associated student body public moneys—Associated student body program budget.

(1) Each associated student body of a school district, with the guidance of the primary advisor, and at such time as is designated by the central district office, annually shall prepare and submit a financial plan (budget) for support of the associated student body program to the district superintendent or his/her designee for consolidation into a district associated student body program fund budget and then present such budget to the board of directors of the district for its review, revision, and approval: Provided, That revisions of the budget submitted by an associated student body and revisions of the budget approved by the board of directors shall first be reviewed by the associated student body and, in the case of an approved budget, shall be subject to the requirements of chapter 28A.505 RCW regarding emergency expenditures or budget extensions. The budget as approved shall constitute an appropriation and authorization for the disbursement of funds for the purposes established in the budget.

(2) Each associated student body of a charter school, with the guidance of the primary advisor, and at such time as is designated by the charter school's lead administrator, annually shall prepare and submit a financial plan (budget) for support of the associated student body program to the lead administrator or his/her designee for consolidation into a charter school associated student body program fund budget and then present such budget to the charter school board for its review, revision, and approval: Provided, That revisions of the budget submitted by an associated student body and revisions of the budget approved by the charter school board shall first be reviewed by the associated student body and, in the case of an approved budget, shall be subject to the requirements of chapter 392-123 WAC regarding emergency expenditures or budget extensions. The budget as approved shall constitute an appropriation and authorization for the disbursement of funds for the purposes established in the budget.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-110, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-110, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-115 Associated student body public moneys—Deposit and investment.

All associated student body public moneys, upon receipt, shall be transmitted intact to the district or charter school depository bank and then to the county treasurer or directly to the county treasurer for deposit to the credit of the "associated student body program fund" of the school district or charter school and shall be accounted for, expended, and invested subject to the practices and procedures governing other moneys of the district or charter school except as such practices and procedures are modified by or pursuant to this chapter.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-115, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-115, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-120 Associated student body public moneys—Imprest bank checking account.

The board of directors of a school district or charter school board may authorize the establishment and maintenance of an associated student body imprest bank checking account for convenience and efficiency in expediting disbursements, subject to the following conditions:

(1) The maximum amount of such an account shall be no more than is necessary to provide for disbursements at the level of the month of highest estimated demand for disbursements;

(2) An imprest bank checking account shall be initiated by deposit of, and replenished by, a warrant drawn on the associated student body program fund;

(3) Disbursements from an imprest bank checking account shall be by check and shall be restricted to payments of invoices bearing evidence of student approval in accordance with associated student body bylaws;

(4) An imprest bank checking account shall be replenished at least once each month by a warrant drawn on the associated student body program fund in payment of an approved voucher in an amount equal to the sum total of the disbursements made by check from the imprest bank checking account during the preceding interval; and

(5) The replenishment voucher shall reflect such information as the central district office shall prescribe relative to identification of invoices, invoice approvals, codification of expenditures, cancelled checks, and other information deemed pertinent.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-120, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-120, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-125 Associated student body public moneys—Disbursement approval—Total disbursements.

Associated student body public moneys shall be disbursed subject to the following conditions:

(1) No disbursements shall be made except as provided for in the budget approved pursuant to WAC 392-138-040;

(2) Disbursements shall occur only upon presentation of properly prepared vouchers in such format and design as the central district office or charter school lead administrator shall prescribe;

(3) All disbursements from the associated student body program fund or any imprest bank account established thereunder shall have the prior approval of the appropriate governing body representing the associated student body. Supporting documentation of the vouchers shall bear evidence of approval by the associated student body governing body in accordance with associated student body bylaws;

(4) When an account within the fund balance of an associated student body organization does not contain a sufficient balance to meet a proposed disbursement, such disbursement shall be limited to the fund balance: Provided, That a transfer of fund balance between associated student body organizations may be made pursuant to the associated student body bylaws and as approved by the associated student body governing body;

(5) Warrants shall not be issued in excess of the moneys on deposit with the county treasurer in the associated student body program fund; and

(6) All disbursements shall be made by warrant except for disbursements from imprest bank accounts and petty cash funds provided for in this chapter.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-125, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-125, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-130 Associated student body public moneys—League and other joint activities.

Athletic league and other forms of joint inter and intra school district or charter school associated student body programs are not precluded by this chapter. In the case of such joint programs, a single school district or charter school, or associated student body or a board representing the participating associated student bodies shall manage associated student body moneys made available to it for the support of the joint program and received as a result of the conduct of such program, in compliance with this chapter and a written cooperative agreement authorized by the board(s) of directors of the district(s) or charter school board(s).

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-130, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-130, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-200 Nonassociated student body private moneys.

The board of directors of a school district or a charter school board may permit student groups to raise moneys through fund-raising or solicitation in their private capacities when the following conditions are met:

(1) Prior to solicitation of such funds, the school board approves policies defining the scope and nature of fund-raising permitted. School board policy includes provisions to ensure appropriate accountability, including prompt deposit, holding the moneys in trust, and disbursement only for the intended purpose of the fund-raiser;

(2) Such funds are used for scholarship, student exchange, and/or charitable purposes. Charitable purposes do not include any activity related to assisting a campaign for election of a person to an office or promotion or opposition to a ballot proposition;

(3) Prior to solicitation of such funds notice is given. Such notice identifies the intended purpose of the fund-raiser, further it states the proceeds are nonassociated student body funds to be held in trust by the school district exclusively for the intended purposes;

(4) The school district or charter school withholds or otherwise is compensated an amount adequate to reimburse the district for its direct costs in handling these private moneys; and

(5) WAC 392-138-205 applies to moneys received, deposited, invested, and accounted for under this section.

Nonassociated student body private moneys shall not be deemed public moneys under section 7, Article VIII of the state Constitution.

WAC 392-138-035 shall apply to moneys received, deposited, invested, expended, and accounted for under this section.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-200, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-200, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-205 Nonassociated student body private moneys—Deposit and investment.

All nonassociated student body private moneys, upon receipt, shall be transmitted intact to the district or charter school depository bank and then to the county treasurer or directly to the county treasurer for deposit to the credit of the school district's or charter school's trust fund or the associated student body fund, if held in trust within that fund within accounts as defined in WAC 392-138-010 and shall be accounted for, expended, and invested subject to applicable school board policy and/or procedures pursuant to WAC 392-138-200.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-205, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-205, filed 7/25/01, effective 8/25/01.

Wash. Admin. Code § 392-138-210 Nonassociated student body private moneys—Disbursement approval—Total disbursements.

Nonassociated student body private moneys shall be disbursed subject to the following conditions:

(1) If such funds are held in trust within the associated student body fund, they shall be budgeted pursuant to WAC 392-138-013 (1)(d). No disbursements shall be made except as provided for in the budget approved pursuant to WAC 392-138-110. All disbursements shall have the prior written approval of the associated student body or such other authority designated in school district or charter school policy or procedures;

(2) If such funds are held in a trust fund, they are not budgeted. Disbursements shall occur only upon presentation of properly prepared vouchers in such format and design as the central district office shall prescribe, and as provided for in subsection (3) of this section;

(3) Vouchers authorizing disbursements shall be accompanied by written evidence of approval of disbursement by the associated student body or other authority designated in the school district's or charter school's policies and procedures;

(4) Disbursements shall be made only for the intended purposes pursuant to WAC 392-138-200.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-138-210, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.325.020. WSR 01-16-078, § 392-138-210, filed 7/25/01, effective 8/25/01.

Chapter 392-139 Finance—Enrichment levies.

Wash. Admin. Code § 392-139-001 Authority.

The authorities for this chapter are RCW 84.52.0531(9) and 28A.150.290.

(1) RCW 84.52.0531(9) authorizes the superintendent of public instruction to promulgate rules and regulations regarding the limitation of local school district excess levies otherwise known as the "Special levy lid law."

(2) RCW 28A.150.290 authorizes the superintendent of public instruction to promulgate such rules and regulations as are necessary for administration of state general fund support for the common schools pursuant to chapter 28A.150 RCW. Rules regarding allocation of state general fund moneys for the purpose of partially equalizing excess levy tax rates, otherwise known as "local effort assistance" are adopted pursuant to this general authority.

History

Statutory Authority: RCW 84.52.0531(9) and 28A.150.290. WSR 00-09-017, § 392-139-001, filed 4/11/00, effective 5/12/00. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-139-001, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 84.52.0531(10) and 28A.41.170. WSR 88-03-007 (Order 88-6), § 392-139-001, filed 1/8/88. Statutory Authority: RCW 84.52.0531(7). WSR 84-05-017 (Order 84-4), § 392-139-001, filed 2/9/84
WSR 83-23-039 (Order 83-18), § 392-139-001, filed 11/9/83
WSR 83-17-058 (Order 83-6), § 392-139-001, filed 8/17/83.

Wash. Admin. Code § 392-139-005 Purposes.

The purposes of this chapter are to define the annual procedures that the superintendent of public instruction shall use to determine for each school district:

(1) The maximum dollar amount which may be levied on its behalf for enrichment support pursuant to RCW 84.52.053 and 84.52.0531; and

(2) The local effort assistance to be allocated to it pursuant to chapter 28A.500 RCW.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-005, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 84.52.0531(9) and 28A.150.290. WSR 00-09-017, § 392-139-005, filed 4/11/00, effective 5/12/00. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-139-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170 and 84.52.0531(10). WSR 89-23-121 (Order 18), § 392-139-005, filed 11/22/89, effective 12/23/89
WSR 88-03-007 (Order 88-6), § 392-139-005, filed 1/8/88. Statutory Authority: RCW 84.52.0531(7). WSR 83-23-039 (Order 83-18), § 392-139-005, filed 11/9/83
WSR 83-17-058 (Order 83-6), § 392-139-005, filed 8/17/83. Statutory Authority: RCW 84.52.0531. WSR 82-07-085 (Order 82-5), § 392-139-005, filed 3/24/82
WSR 81-20-023 (Order 81-31), § 392-139-005, filed 9/29/81, effective 12/27/81
WSR 80-18-020 (Order 80-38), § 392-139-005, filed 11/26/80
WSR 79-01-006 (Order 13-78), § 392-139-005, filed 12/8/78.

Wash. Admin. Code § 392-139-008 Effective date.

This chapter applies to levy authority and local effort assistance calculations for the 2019 calendar year and thereafter. Levy authority and local effort assistance calculations for prior calendar years are governed by rules in effect as of January 1st of the calendar year.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-008, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 84.52.0531(9) and 28A.150.290. WSR 03-21-040, § 392-139-008, filed 10/8/03, effective 11/8/03. Statutory Authority: RCW 28A.150.290(1) and 84.52.0531(9). WSR 02-17-113, § 392-139-008, filed 8/21/02, effective 9/21/02
WSR 01-22-098, § 392-139-008, filed 11/6/01, effective 12/7/01. Statutory Authority: RCW 84.52.0531(9) and 28A.150.290. WSR 00-09-017, § 392-139-008, filed 4/11/00, effective 5/12/00.

Wash. Admin. Code § 392-139-050 Definition.

(1) As used in this chapter, "calendar year" means the period commencing on January 1st and ending on December 31st. Unless otherwise stated, calendar year references including numeric references (e.g., 1994) are to the calendar year for which levy authority and local effort assistance are being calculated pursuant to this chapter.

(2) As used in this chapter, "certified excess levy" means the amount certified pursuant to RCW 84.52.020 by or on behalf of a school district to the board or boards of county commissioners of the county or counties of the school district for collection in a given calendar year for general fund enrichment support of the school district pursuant to RCW 84.52.053.

(3) As used in this chapter, the term "excess levy authority" means the maximum allowed dollar amount of a school district's certified excess levy for a given calendar year as determined pursuant to this chapter.

(4) "School year" means the same as defined in WAC 392-121-031.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-050, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 84.52.0531(10) and 28A.41.170. WSR 88-03-007 (Order 88-6), § 392-139-050, filed 1/8/88.

Wash. Admin. Code § 392-139-297 General procedures.

All processes, calculations, and procedures used by the superintendent of public instruction in the administration of this chapter shall be conditioned on the following:

(1) Only data collected and approved by the superintendent of public instruction shall be used.

(2) All calculations that are dependent on data which are not final at the time the calculation is performed shall be based on estimates prepared by the superintendent of public instruction.

(3) The following rounding procedures shall be used:

(a) Dollars to the nearest whole;

(b) Student enrollments to the nearest two decimal places;

(d) Ratios to the nearest three decimal places; and

(e) Levy rates to the nearest six decimal places.

(4) The superintendent of public instruction shall provide each school district by August 31st of each year with the appropriate procedures for all calculations performed in this chapter.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-297, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 28A.41.170 and 84.52.0531(10). WSR 89-23-121 (Order 18), § 392-139-297, filed 11/22/89, effective 12/23/89.

Wash. Admin. Code § 392-139-300 Establishment of excess levy authority for school districts—General.

The maximum dollar amount of any school district's certified excess levy for any given calendar year shall equal the excess levy authority established by the superintendent of public instruction as the lesser of the following:

(1) The school district's maximum levy authority as calculated by the superintendent of public instruction pursuant to RCW 84.52.0531; or

(2) The maximum certified excess levy.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-300, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 28A.150.290(1) and 84.52.0531(9). WSR 01-22-098, § 392-139-300, filed 11/6/01, effective 12/7/01. Statutory Authority: RCW 28A.41.170 and 84.52.0531(10). WSR 89-23-121 (Order 18), § 392-139-300, filed 11/22/89, effective 12/23/89
WSR 88-03-007 (Order 88-6), § 392-139-300, filed 1/8/88.

Wash. Admin. Code § 392-139-665 Reporting of certified excess levy amounts.

No later than the third Wednesday in December of each year, each educational service district shall report to the superintendent of public instruction the certified excess levies for the next calendar for school districts in the educational service district. The report shall include copies of the documents used to certify excess levies to the board or boards of county commissioners pursuant to RCW 84.52.020.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-665, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 28A.41.170 and 84.52.0531(10). WSR 89-23-121 (Order 18), § 392-139-665, filed 11/22/89, effective 12/23/89
WSR 88-03-007 (Order 88-6), § 392-139-665, filed 1/8/88.

Wash. Admin. Code § 392-139-670 Local effort assistance allocations.

The superintendent of public instruction shall calculate each eligible school district's local effort assistance entitlement pursuant to chapter 28A.500 RCW.

History

Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 10-19-030, § 392-139-670, filed 9/9/10, effective 10/10/10. Statutory Authority: RCW 28A.150.290(1) and 84.52.0531(9). WSR 02-17-113, § 392-139-670, filed 8/21/02, effective 9/21/02. Statutory Authority: RCW 84.52.0531(9) and 28A.150.290. WSR 00-09-017, § 392-139-670, filed 4/11/00, effective 5/12/00. Statutory Authority: RCW 84.52.0531(a) and 28A.150.290(2). WSR 98-08-096 (Order 98-06), § 392-139-670, filed 4/1/98, effective 5/2/98. Statutory Authority: RCW 28A.150.290(2) and 84.52.0531(10). WSR 93-21-092 (Order 93-20), § 392-139-670, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 28A.41.170 and 84.52.0531(10). WSR 189-23-121 (Order 18), § 392-139-670, filed 11/22/89, effective 12/23/89
WSR 88-03-007 (Order 88-6), § 392-139-670, filed 1/8/88.

Wash. Admin. Code § 392-139-676 Monthly payments of local effort assistance.

The superintendent of public instruction shall distribute local effort assistance moneys pursuant to the schedule provided in RCW 28A.500.040.

History

Statutory Authority: RCW 84.52.0531(9) and 28A.150.290. WSR 00-09-017, § 392-139-676, filed 4/11/00, effective 5/12/00. Statutory Authority: RCW 84.52.0531(a) and 28A.150.290(2). WSR 98-08-096 (Order 98-06), § 392-139-676, filed 4/1/98, effective 5/2/98. Statutory Authority: RCW 28A.150.290(2) and 84.52.0531(10). WSR 93-21-092 (Order 93-20), § 392-139-676, filed 10/20/93, effective 11/20/93
WSR 92-19-124 (Order 92-07), § 392-139-676, filed 9/21/92, effective 10/22/92.

Wash. Admin. Code § 392-139-900 Notification of amounts calculated.

The superintendent of public instruction shall provide notice of amounts calculated pursuant to this chapter as follows:

(1) Prior to April 15th of each year, the superintendent of public instruction shall notify each school district of the results of calculations made for the school district for the current calendar year including the following:

(a) Excess levy authority;

(b) Eligibility for local effort assistance; and

(i) Maximum local effort assistance;

(ii) Local effort assistance per thousand dollars of assessed valuation in the school district;

(iii) Certified excess levy necessary to qualify for maximum local effort assistance; and

(iv) Local effort assistance allocation based on the superintendent of public instruction's estimate of certified excess levies for the current calendar year at the time of the notice.

(2) At the time of the April apportionment payment each year, the superintendent of public instruction shall notify each eligible school district of the amount of the school district's local effort assistance allocations for the year.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-900, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 28A.41.170 and 84.52.0531(10). WSR 90-12-080 (Order 12), § 392-139-900, filed 6/1/90, effective 7/2/90
WSR 89-23-121 (Order 18), § 392-139-900, filed 11/22/89, effective 12/23/89
WSR 88-03-007 (Order 88-6), § 392-139-900, filed 1/8/88.

Wash. Admin. Code § 392-139-902 Requests for review.

At any time prior to April 15th of the current calendar year, a school district may request review of calculations made pursuant to this chapter. The request shall be in writing and shall be signed by the school district superintendent or authorized official. The superintendent of public instruction will review calculations and respond to the district on or before May 15th of the current calendar year.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-902, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 28A.150.290(2) and 84.52.0531(10). WSR 93-21-092 (Order 93-20), § 392-139-902, filed 10/20/93, effective 11/20/93.

Wash. Admin. Code § 392-139-905 Submission of revised assessed valuation data and recalculation.

Within fifteen days from the date of the notice provided pursuant to WAC 392-139-900(1), any school district may submit to the superintendent of public instruction revised assessed valuation data for taxes collected in the current calendar year. Revised assessed valuation data shall be documented in writing by the county assessor or assessors from the county or counties in which the school district is located. The superintendent of public instruction shall recalculate excess levy authority and local effort assistance based on the revised assessed valuation data and shall notify the school district submitting revised assessed valuation data and any other affected school districts of the results of the recalculation prior to May 15th.

History

Statutory Authority: RCW 28A.150.290. WSR 20-01-137, § 392-139-905, filed 12/17/19, effective 1/17/20. Statutory Authority: RCW 84.52.0531(10) and 28A.41.170. WSR 90-12-080 (Order 12), § 392-139-905, filed 6/1/90, effective 7/2/90.

Chapter 392-140 Finance—Special allocations.

Wash. Admin. Code § 392-140-001 Purpose.

Provisions of this chapter serve to implement and govern the finance-related administration of laws of limited duration, laws with phase-in/phase-out procedures, and/or laws requiring special one-time processes or procedures for which the superintendent of public instruction has broad rule-making authority pursuant to RCW 28A.300.040(3), as now or hereafter amended, or specific rule-making authority authorized by the legislature, as the case may be.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-140-001, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.03.030(3). WSR 80-05-038 (Order 80-9), § 392-140-001, filed 4/15/80
Order 7-75, § 392-140-001, filed 12/22/75.

Wash. Admin. Code § 392-140-067 General provisions.

The following general provisions apply to this chapter:

(1) All calculations made by the superintendent of public instruction shall use the most current school district or charter school information for the school year on file with the superintendent of public instruction at the time of the calculation.

(2) Full-time equivalent (FTE) staff shall be rounded to the nearest three decimal places.

(3) FTE enrollment shall be rounded to the nearest two decimal places.

(4) Ratios of FTE staff to students shall be expressed as a ratio of staff to one thousand students and shall be rounded to the nearest two decimal places (e.g., 51.21/1000).

(5) Unless otherwise stated, report forms, staff, salary, and enrollment data referenced in these rules are school district or charter school report forms, staff, salary, or enrollment data for the school year for which calculations pursuant to this chapter are being made.

(8) Full-time equivalent is abbreviated as FTE.

(9) Kindergarten through third grade is abbreviated as K-3.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-067, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-067, filed 1/7/92, effective 2/7/92.

Wash. Admin. Code § 392-140-068 Timely reporting.

Provisions of chapter 392-117 WAC, Timely reporting, apply to allocations made pursuant to this chapter. Failure of a school district or charter school to report as required may reduce or delay state apportionment payments.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-068, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-068, filed 1/7/92, effective 2/7/92.

Wash. Admin. Code § 392-140-069 Definition—School district.

As used in this chapter, "school district" means a Washington state public school district eligible to receive state basic education moneys pursuant to RCW 28A.150.250 and 28A.150.260.

History

Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-069, filed 1/7/92, effective 2/7/92.

Wash. Admin. Code § 392-140-0695 Definition—Charter school.

As used in this chapter, "charter school" means a public school governed by a charter school board and operated according to the terms of a charter contract executed under chapter 28A.710 RCW and includes a new charter school and a conversion charter school.

History

Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-0695, filed 8/28/15, effective 9/28/15.

Wash. Admin. Code § 392-140-070 Definition—School year.

As used in this chapter, "school year" means the same as defined in WAC 392-121-031. Unless otherwise stated "school year" refers to the school year for which calculations are being made pursuant to this chapter.

History

Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-070, filed 1/7/92, effective 2/7/92.

Wash. Admin. Code § 392-140-071 Definition—Following school year.

As used in this chapter, "following school year" means the school year immediately after the school year for which calculations are being made pursuant to this chapter.

History

Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-071, filed 1/7/92, effective 2/7/92.

Wash. Admin. Code § 392-140-072 Definition—Annual average full-time equivalent (FTE) students.

As used in this chapter, "annual average full-time equivalent (FTE) students" means the same as that defined in WAC 392-121-133.

History

Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-072, filed 1/7/92, effective 2/7/92.

Wash. Admin. Code § 392-140-073 Prior school year.

As used in this chapter, "prior school year" means the school year immediately preceding the school year for which calculations are being made pursuant to this chapter.

History

Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-073, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-600 Special education safety net—Applicable provisions.

The provisions of WAC 392-140-600 through 392-140-685 apply to the determination of safety net awards of state special education funds and Individuals with Disabilities Education Act (IDEA) federal funds for the 2012-13 school year and thereafter. Beginning with the 2018-19 school year award cycle, the office of the superintendent of public instruction shall make award determinations for safety net funding in August of each year, except that the superintendent of public instruction shall make award determinations for state safety net funding in July of each school year for the Washington state school for the blind and for the center for childhood deafness and hearing loss. Determinations on local education agency eligibility for state safety net awards shall be based on analysis of actual expenditure data from the current school year.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-600, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 15-24-137, § 392-140-600, filed 12/2/15, effective 1/2/16
WSR 13-05-054, § 392-140-600, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-600, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-600, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-600, filed 4/6/04, effective 5/7/04
WSR 03-02-053, § 392-140-600, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. WSR 01-04-023, § 392-140-600, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). WSR 00-03-015, § 392-140-600, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-600, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-601 Special education safety net—Authority.

The authority for WAC 392-140-600 through 392-140-685 is:

(1) The appropriation language for special education programs in the Washington state Biennial Operating Appropriations Act; and

(2) RCW 28A.150.290(1); and

(3) RCW 28A.150.392.

History

Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-601, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). WSR 00-03-015, § 392-140-601, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-601, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-601, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-60105 Definition—High need student.

For purposes of special education safety net awards, high need student means a student eligible for special education services whose Individualized Education Program (IEP) costs as calculated on worksheet C exceed a multiple of the statewide average per pupil expenditures (APPE) as defined in section 7801 of the Every Student Succeeds Act of 2015.

(1) For federal special education safety net funding, the multiple of the statewide average per pupil expenditures shall be at least three times the statewide average; and

(2) For state special education funding, the multiple of the statewide average per pupil expenditure shall be the multiple of the statewide average per pupil amount established by the office of the superintendent of public instruction in consultation with the office of financial management and the fiscal committees of the legislature, and published in the annual Safety Net Bulletin.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-60105, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-60105, filed 2/13/13, effective 3/16/13
WSR 06-01-017, § 392-140-60105, filed 12/9/05, effective 1/9/06.

Wash. Admin. Code § 392-140-60110 Definition—Community impact.

For the purpose of state special education safety net funding, community impact refers to local education agency identified and quantifiable factor(s) beyond the control of the local education agency which justify disproportional and extraordinary costs associated with the provision of special education services for an increased number of students with disabilities located within the local education agency based upon current attributes of that local education agency that are not related to local education agency philosophy, staffing decisions, or service delivery choices (i.e., demographic, environmental, sociological, or other facts that can be described and calculated in an application consistent with WAC 392-140-617). Local education agencies below the thirteen and one-half percent funding index are not eligible for community impact safety net funds.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-60110, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-60110, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 08-03-096, § 392-140-60110, filed 1/17/08, effective 2/17/08.

Wash. Admin. Code § 392-140-60115 Definition—High need student served in residential schools, programs for juveniles under the department of corrections, and programs for juveniles operated under city and county jails.

For the purpose of state special education safety net award, high need student described in this section means a student eligible for special education services served in residential schools as defined in RCW 28A.190.020, programs for juveniles under the department of corrections, and programs for juveniles operated under city and county jails whose individualized education program costs (as calculated on worksheet C) exceed the threshold established by the office of the superintendent of public instruction in consultation with the office of financial management and the fiscal committees of the legislature, and published in the annual Safety Net Bulletin.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-60115, filed 12/13/18, effective 1/13/19.

Wash. Admin. Code § 392-140-60120 Definition—Capacity for funding.

For the purpose of state special education safety net funding, potential capacity for funding exists when an applicant's net special education expenditures exceed total resources available demonstrating a fiscal capacity in excess of all available revenue to the applicant for special education services, including state and federal revenue, program income generated by such state and/or federally funded special education programs, and all carryover of state and federal special education revenue. Local education agencies with demonstrated capacity and approved applications may access safety net award regardless of the percentage of the local education agency's enrollment of students with disabilities. Beginning in 2020-21, applicants must either submit high need student applications with adjustments for medicaid billing, if applicable or receive a deduction calculated by office of the superintendent of public instruction as a percentage of the billing rates published by the health care authority to compensate for the local education agency's decision not to pursue medicaid reimbursement.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-140-60120, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-60120, filed 12/13/18, effective 1/13/19.

Wash. Admin. Code § 392-140-602 Special education safety net—Eligible applicants.

(1) An individual school district of the state of Washington is eligible to apply for special education safety net awards on behalf of its resident students. Resident students include those students as defined by state law. Resident students exclude those residing in another district and enrolled as part of an interdistrict cooperative program (RCW 28A.225.250).

(2) An interdistrict cooperative or educational service agency consistent with WAC 392-172A-01055 and 392-172A-01115 of at least fifteen districts in which all excess cost services for special education students of the member districts are provided by the cooperative or educational agency is eligible to apply for special education safety net awards. Member districts shall be treated as a single school district for the purposes of this chapter and are not eligible to apply for safety net awards individually.

(3) The Washington center for deaf and hard of hearing youth and the Washington state school for the blind are eligible to apply for high need students under WAC 392-140-616.

(4) Individual charter schools are eligible to apply for special education safety net awards under WAC 392-140-616.

(5) Tribal compact schools are eligible to apply for special education safety net award under WAC 392-140-616.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-140-602, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-602, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-602, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-602, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-602, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-602, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-602, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-602, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-605 Special education safety net—Application types, certification, worksheets.

Application for safety net awards shall be made on Form SPI 1381 - Certification published by the office of the superintendent of public instruction. Applications will be considered and awards made according to the schedule published in the annual Safety Net Bulletin.

(1) Local education agencies may make application for safety net awards in the following categories, except that the same students may not be submitted in more than one category:

(a) High need student(s);

(b) High need student(s) served in residential schools, programs for juveniles under the department of corrections, and programs for juveniles operated under city and county jails; or

(2) The applicant for any category of safety net awards shall certify that:

(a) Differences in costs attributable to local education agency philosophy, service delivery choice, or accounting practice are not a legitimate basis for safety net awards;

(b) The application complies with the respective safety net application standards of WAC 392-140-616 and 392-140-617;

(d) The applicant acknowledges that safety net funding is not an entitlement, is subject to adjustment and recovery, may not be available in future years, must be expended in program 21 or program 24 as specified in the conditional decision letter, and certifies that federal medicaid has been billed for all services to eligible students consistent with RCW 28A.150.392 (2)(i) or consents to receive a deduction calculated by the office of the superintendent of public instruction as a percentage of the billing rates published by the health care authority to compensate for the local education agency's decision not to pursue medicaid reimbursement, if applicable;

(e) The applicant is making reasonable effort to provide appropriate services for students in need of special education using state funding generated by the basic education apportionment and special education funding formulas and federal funding in an efficient manner;

(f) All available state and federal funding is insufficient to address the request for additional funds;

(g) The costs of any supplemental contracts are not included for purposes of determining safety net awards. Supplemental contracts are those contracts made pursuant to RCW 28A.400.200(4) excluding extended school year contracts (ESY) required by an IEP; and

(h) The costs of any summer school instruction are not included for purposes of making safety net determinations excluding extended school year contracts (ESY) required by an individualized education program.

(3) Worksheet A shall be included with the application and must demonstrate the applicant's capacity for safety net awards. Worksheet A is used to determine a maximum amount of safety net award eligibility. Award amounts may be less than the maximum potential amount of safety net award eligibility determined on worksheet A.

(4) All high need student applications shall include worksheets A and C, the Summary of Applications for High Need Individual Students form published in the safety net application, the individualized education programs applicable during the application period, and certification of standards and criteria pursuant to WAC 392-140-616.

(5) All community impact applications shall include worksheet A, the community impact application, all supporting documentation, and certification of standards and criteria pursuant to WAC 392-140-617.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-605, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-605, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-605, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-605, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-605, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-605, filed 4/6/04, effective 5/7/04
WSR 03-02-053, § 392-140-605, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. WSR 02-05-036, § 392-140-605, filed 2/12/02, effective 2/13/02
WSR 01-04-023, § 392-140-605, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). WSR 00-03-015, § 392-140-605, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-605, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-605, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-608 Special education safety net—Safety net application—Timing.

Safety net applications shall be submitted and reviewed pursuant to the schedule of dates published by the office of the superintendent of public instruction in the annual safety net bulletin. Applications not received by the published dates and times in the bulletin will not be accepted.

History

Statutory Authority: RCW 28A.150.290. WSR 15-24-137, § 392-140-608, filed 12/2/15, effective 1/2/16
WSR 13-05-054, § 392-140-608, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-608, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-608, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-609 Special education safety net—Standards and criteria—IEPs.

A sample of individualized education programs will be reviewed for each applying local education agency (if the local education agency has not had individualized education programs reviewed through the Washington integrated system of monitoring (WISM) process within the last two years). Individualized education programs will be reviewed in areas to be determined by the office of superintendent of public instruction and published in the annual Safety Net Bulletin. Areas to be reviewed will be the same for all applications for the school year. Sample sizes will be determined based on data collected by the office of superintendent of public instruction demonstrating local education agency compliance history and statewide areas of needed improvement.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-609, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-609, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-609, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-609, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-609, filed 4/6/04, effective 5/7/04
WSR 03-02-053, § 392-140-609, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. WSR 02-05-036, § 392-140-609, filed 2/12/02, effective 2/13/02
WSR 01-04-023, § 392-140-609, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-609, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-616 Special education safety net—Standards—High need student applications.

For applicants requesting safety net awards to meet the needs of an eligible high need student, the applicant shall convincingly demonstrate to a majority of the state oversight committee members at a minimum that:

(1)(a) The reviewed individualized education program demonstrates compliance with federal and state procedural requirements, in the office of superintendent of public instruction-selected applicable reviewed areas; or

(b) The local education agency has corrected any noncompliance identified through general supervision processes, including monitoring or during a review of a sample of individualized education programs; and

(2) Costs eligible for safety net consideration are associated with providing direct special education and related services identified in implementation of an individualized education program and quantifiable by the committee on worksheet C; and

(3) In order to deliver appropriate special education and related services to the student, the applicant is providing services which incur costs exceeding:

(a) The annual threshold as established in WAC 392-140-60105 by the office of superintendent of public instruction for state safety net awards.

(b) Threshold amounts shall be adjusted pro rata for eligible students not served by the applicant on all nine enrollment count dates (October through June). For example, for a student served six of the nine count dates, the threshold amount shall be reduced to two-thirds of the full amount.

(4) The state safety net oversight committee shall adapt the worksheet A for the Washington state school for the blind, the Washington center for deaf and hard of hearing youth, and tribal compact schools.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-140-616, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-616, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-616, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-616, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-616, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 03-02-053, § 392-140-616, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. WSR 02-05-036, § 392-140-616, filed 2/12/02, effective 2/13/02
WSR 01-04-023, § 392-140-616, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-616, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-616, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-617 Special education safety net—Standards—Community impact applications.

For applicants requesting state safety net awards to meet the extraordinary costs associated with communities that draw a larger number of families with students in need of special education services, the applicant must meet the standards of WAC 392-140-605 (2)(a) through (h) and convincingly demonstrate that:

(1) Demographic, environmental, sociological or other factor(s) cause the local education agency's special education enrollment to be disproportional by the overall number of students identified as eligible for special education; and

(2) The unique factor(s) identified by the applicant is not the result of local education agency philosophy, service delivery choice, or accounting practice; and

(3) The identified factor(s) creates an adverse documentable fiscal impact upon the applicant's special education program.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-617, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 15-24-137, § 392-140-617, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-617, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-617, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-617, filed 1/17/08, effective 2/17/08.

Wash. Admin. Code § 392-140-626 Special education safety net—Worksheet A—Demonstration of need.

Applications for safety net funds shall demonstrate capacity for safety net awards as follows:

(1) Application worksheet A shall demonstrate a fiscal capacity in excess of all available revenue to the applicant for special education, including state and federal revenue, program income generated by such state and/or federally funded special education programs, and all carryover of state and federal special education revenue.

(2) Awards shall not exceed the potential capacity for safety net funding on the worksheet A.

(3) Beginning with the 2007-08 school year, worksheets submitted with safety net applications must reflect the full cost method of accounting, pursuant to section 501 (1)(k), chapter 372, Laws of 2006.

(4) The safety net oversight committee may revise the applicant's worksheet A as submitted for errors or omissions or more current information.

(5) The applicant shall provide clarifying information at the request of the state oversight committee. Any information specifically requested by the committee on a case-by-case basis during the initial review (and included with the office of superintendent of public instruction conditional award letter) and provided by the applicant within the requested timeline will be considered during final safety net application reviews. There is no obligation for the committee to request additional information and the presumption is on the applicant to submit a complete and accurate initial application.

(6) After the close of the school year, the applicant's worksheet A used to determine capacity for an award may be reviewed against the actual final school year enrollments, all available revenues, and legitimate expenditures reported by the applicant. Based upon the results of this review the safety net allocation for the school year may be adjusted or recovered if the awards or a portion of the safety net awards exceeded the demonstrated capacity for funding based upon consideration of all available revenues and legitimate expenditures.

(7) In accordance with the state of Washington Accounting Manual for Public School Districts and statutory federal language, potential capacity for safety net awards shall not include legal fees, court costs, or other costs associated with a cause of action brought on behalf of a child to ensure a free appropriate public education.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-626, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-626, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-626, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-626, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-626, filed 4/6/04, effective 5/7/04
WSR 03-02-053, § 392-140-626, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. WSR 01-04-023, § 392-140-626, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). WSR 00-03-015, § 392-140-626, filed 1/7/00, effective 2/7/00.

Wash. Admin. Code § 392-140-630 Special education safety net—Special education program audit—Purpose, procedures.

Special education program audits by staff of the state auditor's office may be requested to assist the state safety net oversight committee. When reviewing an applicant's special education program, the auditors may review and verify any certifications and supporting information provided by the applicant in a safety net application. The auditors will provide the results of the review to the state oversight committee. The results of the auditor's review may be considered by the oversight committee in determining, adjusting, or recovering safety net awards.

History

Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-630, filed 2/13/13, effective 3/16/13. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-630, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 28A.150.290. WSR 02-05-036, § 392-140-630, filed 2/12/02, effective 2/13/02. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). WSR 00-03-015, § 392-140-630, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-630, filed 3/18/98, effective 4/18/98.

Wash. Admin. Code § 392-140-635 Special education safety net—Special education program review—Purpose, procedures.

Special education program review reports (as per WAC 392-172A-07010) by staff of the office of superintendent of public instruction special education division may be reviewed by the state safety net oversight committee. The results of the program review may be considered by the oversight committee in determining, adjusting, or recovering safety net award.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-635, filed 12/13/18, effective 1/13/19.

Wash. Admin. Code § 392-140-640 Special education safety net—State oversight committee—Membership, structure.

Membership of the state oversight committee shall consist of: Staff of the office of the state auditor who shall be nonvoting, and one or more representatives from local education agencies and educational service districts who are knowledgeable of special education programs and funding.

(1) The office of superintendent of public instruction assistant superintendent of special education shall serve as an ex officio, nonvoting committee member and act as the state oversight committee manager.

(2) The state oversight committee members will be appointed by the state oversight committee manager.

(3) Members of the state oversight committee will be appointed based on their knowledge of special education program service delivery and funding, geographical representation, size of local education agency, and other demographic considerations which will ensure a representative state committee.

(4) The oversight committee manager may replace a portion of the committee each year in order to ensure a representative state committee.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-640, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-640, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-640, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-640, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-640, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-640, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-640, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-643 Special education safety net—Definition—State oversight committee—Procedures.

(1) The state safety net oversight committee will review applications as deemed necessary by the office of superintendent of public instruction pursuant to WAC 392-140-635.

(2) All applications received by the state safety net oversight committee no later than the dates published in the annual Safety Net Bulletin will be reviewed for completeness by the state safety net oversight committee manager or designee. Applications must include all necessary forms, worksheets, and attachments described in the annual bulletin published by the office of superintendent of public instruction.

(3) The state safety net oversight committee manager or designee will forward to the committee members electronic copies of the applications for review in a timely manner.

(4) State safety net oversight committee members shall review and discuss the applicant's request for safety net awards for completeness and accuracy during meetings as scheduled and published by the office of superintendent of public instruction in the annual Safety Net Bulletin.

(5) The state safety net oversight committee may require that an applicant provide clarifying information before making a final recommendation. There is no requirement for the committee to request clarifying or missing information, in the event it is not provided by the applicant.

(6) State safety net oversight committee members will individually indicate their agreement, disagreement, or abstention with the action of the committee pursuant to WAC 392-140-646.

(7) A majority vote by the state safety net oversight committee members in attendance shall be sufficient to determine the committee action.

(8) A decision summary for each application will be provided to the applicant and shall include the amount of the initial request, funding adjustments applied by the committee, the amount of any award to be made, and the reasons for the action taken by the state safety net oversight committee.

(9) Voting members of the state safety net oversight committee in attendance shall each sign the decision summary.

(10) The state safety net oversight committee manager, on behalf of the state safety net oversight committee, will notify the applicant in writing of the determination of the committee. The applicant will be provided a copy of the decision summary.

(11) All applications received by the state safety net oversight committee will be retained as per the Washington retention schedule by the office of the superintendent of public instruction for use in the evaluation of the safety net award process and to provide the office of the superintendent of public instruction with information with which to make future decisions regarding the safety net process.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-643, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 15-24-137, § 392-140-643, filed 12/2/15, effective 1/2/16
WSR 13-05-054, § 392-140-643, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-643, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-643, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-643, filed 4/6/04, effective 5/7/04
WSR 03-02-053, § 392-140-643, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-643, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-646 Special education safety net—State oversight committee actions.

The state oversight committee shall review all safety net applications.

(1) An application reviewed during an application cycle may be:

(a) Approved;

(b) Adjusted for fiscal corrections and approved;

(c) Adjusted for individualized education program noncompliance and approved, if evidence of noncompliance correction is provided;

(d) A combination of (b) and (c) of this subsection; or

(e) Disapproved.

(2) The amount approved shall not exceed the amount authorized by the state oversight committee.

(3) The state oversight committee may not approve an application if there are unresolved audit issues related to special education that are material to the application. For purposes of this section, "audit" means an examination of a subrecipient to determine compliance with the state or federal laws and regulations governing the operation of a specific program and includes program audits, single audits, or any special purpose audit consistent with chapter 392-115 WAC and WAC 392-140-630. "Unresolved" means that the subrecipient has exhausted the audit resolution process described in chapter 392-115 WAC as amended.

(4) Awards approved by the state oversight committee are subject to recovery pursuant to WAC 392-140-675 through 392-140-685.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-646, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 15-24-137, § 392-140-646, filed 12/2/15, effective 1/2/16
WSR 13-05-054, § 392-140-646, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-646, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-646, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 04-08-118, § 392-140-646, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-646, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-650 Special education safety net—Withdrawal of application.

If at any time an applicant wishes to withdraw an application submitted prior to the committee vote, the superintendent or designee of the applicant district, or lead administrator or designee of the applicant charter school, tribal compact school, Washington center for deaf and hard of hearing youth, and the Washington state school for the blind, must submit a letter requesting withdrawal to the state oversight committee manager.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-140-650, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-650, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-650, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-650, filed 2/13/13, effective 3/16/13
WSR 02-05-036, § 392-140-650, filed 2/12/02, effective 2/13/02. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-650, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-656 Special education safety net—Request for review and reconsideration of an action.

An applicant may request review and reconsideration of an action of the state oversight committee made pursuant to WAC 392-140-646.

(1) The applicant shall make the request in writing to the oversight committee manager within twenty calendar days of the date of the state oversight committee's written determination letter to the applicant pursuant to WAC 392-140-643(10). All requests for review and reconsideration not received within twenty days of the written determination letter will not be accepted.

(2) The request for review and reconsideration of the committee's action must be based on one or more of the following grounds:

(a) The action was outside the statutory authority of the committee;

(b) The action failed to follow prescribed procedures;

(d) The action was not supported by substantial evidence; or

(e) The action was inconsistent with the agency rules regarding safety net funding.

(3) If the office of the superintendent of public instruction finds grounds for reconsideration pursuant to subsection (2) of this section, OSPI shall request reconsideration of the action by the state oversight committee. OSPI shall state the grounds for reconsideration supported by the facts considered.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-656, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 15-24-137, § 392-140-656, filed 12/2/15, effective 1/2/16
WSR 13-05-054, § 392-140-656, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-656, filed 1/17/08, effective 2/17/08. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 03-02-053, § 392-140-656, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-656, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-656, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-660 Special education safety net—Approved application—Special education safety net awards.

(1) The special education safety net award for an individual applicant shall be the amount authorized by the state oversight committee.

(2) Special education safety net awards for high need students under WAC 392-140-605(1) shall use federal and state funds appropriated by the legislature consistent with RCW 28A.150.392 (1)(a).

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-660, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-660, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-660, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-660, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 03-02-053, § 392-140-660, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. WSR 01-04-023, § 392-140-660, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). WSR 00-03-015, § 392-140-660, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-660, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-660, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-675 Special education safety net—Adjustments to special education safety net awards.

Final safety net award shall be adjusted based on changes in factors for which additional or revised information becomes available after the awarding of the initial safety net award.

(1) High need award and/or community impact award will be reduced or nullified when the applicant's available revenues and legitimate expenditures for the school year differ significantly from the estimates on which the initial safety net award was based.

(2) An applicant's safety net award may be recovered or adjusted based on the results of the review conducted by the state auditor's office pursuant to WAC 392-140-630.

History

Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-675, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-675, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-675, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-675, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-675, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). WSR 03-02-053, § 392-140-675, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. WSR 01-04-023, § 392-140-675, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). WSR 00-03-015, § 392-140-675, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-675, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-675, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-685 Special education safety net—Recovery of state and/or federal awards.

High need student state and/or federal special education safety net award and state community impact safety net award shall be recovered or award reduced for the following reasons:

(1) The application omits pertinent information and/or contains a falsification or misrepresentation of information in the application.

(2) The award is unexpended for the purpose allocated including, but not limited to, situations where the student leaves a school district, charter school, tribal compact school, Washington center for deaf and hard of hearing youth, and the Washington state school for the blind, or has a change in services. For students who transfer to another Washington public school district or enroll in a charter school or tribal compact school located in Washington state, expenditures for specialized equipment purchased with these funds shall not be recovered provided the district, charter school or tribal compact school transfers the equipment to the other school district, charter school or tribal compact school.

(3) The applicant has carryover of state and/or federal flow-through special education funding from the school year for which the award was made.

(4) The applicant's available revenues are significantly higher than estimated revenues on which the award was based or the applicant's legitimate expenditures are significantly lower than the estimated expenditures on which the award was based.

(5) The state oversight committee finds grounds for adjustment in the special education program audit team's review pursuant to WAC 392-140-630.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-140-685, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 28A.150.290. WSR 19-01-039, § 392-140-685, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-685, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 13-05-054, § 392-140-685, filed 2/13/13, effective 3/16/13
WSR 08-03-096, § 392-140-685, filed 1/17/08, effective 2/17/08
WSR 06-01-017, § 392-140-685, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). WSR 98-08-013 (Order 98-05), § 392-140-685, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96-15), § 392-140-685, filed 9/18/96, effective 10/19/96.

Wash. Admin. Code § 392-140-970 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Applicable provisions—Authority.

The provisions of WAC 392-140-970 through 392-140-976 govern administration of the salary bonus for teachers and other certificated instructional staff who hold current certification by the national board for professional teaching standards. The authority for WAC 392-140-970 through 392-140-976 is the state Biennial Operating Appropriations Act, RCW 28A.405.415, and 28A.150.290(1).

History

Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 20-03-150, § 392-140-970, filed 1/21/20, effective 2/21/20
WSR 14-04-002, § 392-140-970, filed 1/22/14, effective 2/22/14. Statutory Authority: RCW 28A.150.290(1). WSR 11-02-054, § 392-140-970, filed 1/3/11, effective 2/3/11
WSR 08-17-013, § 392-140-970, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). WSR 02-15-023, § 392-140-970, filed 7/9/02, effective 8/9/02.

Wash. Admin. Code § 392-140-971 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Purpose.

These rules determine eligibility for state funding and establish guidelines for the administration of the bonus.

History

Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 14-04-002, § 392-140-971, filed 1/22/14, effective 2/22/14. Statutory Authority: RCW 28A.150.290(1). WSR 08-17-013, § 392-140-971, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). WSR 02-15-023, § 392-140-971, filed 7/9/02, effective 8/9/02.

Wash. Admin. Code § 392-140-972 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Definitions.

As used in this chapter, "teachers and other certificated instructional staff" that are eligible for the national board bonus includes staff assigned to one of the following duties as defined in the S-275 Personnel Reporting Handbook:

(1) Elementary homeroom teacher, duty root 31;

(2) Secondary teacher, duty root 32;

(3) Other teacher, duty root 33;

(4) Elementary specialist teacher, duty root 34;

(5) Other support personnel, duty root 40;

(6) Library media specialist, duty root 41;

(7) Counselor, duty root 42;

(8) Occupational therapist, duty root 43;

(9) Social worker, duty root 44;

(10) Speech-language pathologist or audiologist, duty root 45;

(11) Psychologist, duty root 46;

(12) Nurse, duty root 47;

(13) Physical therapist, duty root 48;

(14) Behavior analyst, duty root 49;

(15) Long-term substitute teacher, duty root 52;

(16) Contractor teacher, duty root 63;

(17) Contractor educational staff associate, duty root 64; and excludes staff not assigned to the above duties. This excludes staff whose duties consist entirely of the following:

(18) Superintendent, duty root 11;

(19) Deputy/assistant superintendent, duty root 12;

(20) Other district administrator, duty root 13;

(21) Elementary principal, duty root 21;

(22) Elementary principal, duty root 22;

(23) Secondary principal, duty root 23;

(24) Secondary vice principal, duty root 24;

(25) Other school administrator, duty root 25;

(26) Extracurricular, duty root 51;

(27) Certificated on leave, duty root 61; or

(28) Classified staff, duty roots 90 through 99.

History

Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 20-03-150, § 392-140-972, filed 1/21/20, effective 2/21/20
WSR 16-14-108, § 392-140-972, filed 7/6/16, effective 8/6/16
WSR 14-04-002, § 392-140-972, filed 1/22/14, effective 2/22/14. Statutory Authority: RCW 28A.150.290(1). WSR 11-02-054, § 392-140-972, filed 1/3/11, effective 2/3/11
WSR 08-17-013, § 392-140-972, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). WSR 02-15-023, § 392-140-972, filed 7/9/02, effective 8/9/02.

Wash. Admin. Code § 392-140-973 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Eligibility.

Staff that are eligible for the bonus shall be limited to those meeting the following requirements:

(1) Hold current certification by the national board for professional teaching standards during the entire school year, unless otherwise specified in the state Biennial Operating Appropriations Act; and

(2) Who are:

(a) Teachers and other certificated instructional staff employed full time or part time under written contract by Washington public school districts or educational service districts pursuant to RCW 28A.405.210;

(b) Teachers and other certificated instructional staff employed full time or part time by a contractor pursuant to WAC 392-121-188 and 392-121-206 (2)(a);

(c) Teachers and other certificated instructional staff employed full time or part time by the Washington school for the deaf or Washington school for the blind;

(d) Teachers and other certificated instructional staff employed full time or part time by a charter school; or

(e) Teachers and other certificated instructional staff employed full time or part time by a tribal compact school.

(3) In addition to bonuses provided by subsection (2) of this section, teachers and other certificated instructional staff shall be eligible for additional bonuses if in an instructional assignment in high poverty schools, subject to the following conditions and limitations:

(a) High poverty schools are schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:

(i) Seventy percent for elementary schools;

(ii) Sixty percent for middle schools; or

(iii) Fifty percent for high schools; as determined by the October 1st count of the comprehensive education data and research system (CEDARS) or successor data collection and reporting systems, of the office of superintendent of public instruction, on March 31st of that prior year: Provided, That schools operating during the current school year as their first year may qualify as high poverty schools based upon current year data, as determined by the October 1st count on March 31st of the current year.

(b) For purposes of the national board high poverty schools bonus, a school shall be categorized based upon the highest grade served as follows:

(i) A school whose highest grade served is 6th grade or lower shall be considered an elementary school;

(ii) A school whose highest grade served is either 7th, 8th, or 9th grade shall be considered a middle school;

(iii) A school whose highest grade served is either 10th, 11th, or 12th grade shall be considered a high school.

(c) A school shall be considered only if it serves thirty or more students, or is the largest school in the district serving its designated category.

(d) Schools that provide institutional education programs pursuant to WAC 392-122-205 shall be designated as high poverty schools with the student headcount enrollment eligible for the federal free or reduced price lunch program at one hundred percent and shall not be subject to the requirement in this subsection of serving thirty or more students.

(e) The student enrollment data used shall include the state-funded students in kindergarten through twelfth grade, plus prekindergarten students in special education.

(f) Teachers and other certificated instructional staff that meet the qualifications for the high poverty schools bonus under this subsection who are assigned for less than one full school year or less than full time for the school year shall receive the high poverty schools bonus in a prorated manner, subject to the following conditions and limitations:

(i) The portion of the employee's assignment to high poverty schools shall be determined as of the last day of school, or June 30th of the school year, whichever occurs first.

(ii) If the employee's assignment to high poverty schools is less than 1.0 full-time equivalent, the proration shall use the methodology in WAC 392-121-212 and shall be rounded to three decimal places.

(g) A school participating in the community eligibility provision or provision 2 as authorized by section 11 (a)(1) of the Richard B. Russell National School Lunch Act may be designated as a high poverty school if the school was a high poverty school based on the student headcount enrollment eligible for the federal free or reduced price lunch program in either of the two school years immediately prior to the school's participation in the community eligibility provision.

History

Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 20-03-150, § 392-140-973, filed 1/21/20, effective 2/21/20
WSR 19-02-067, § 392-140-973, filed 12/28/18, effective 1/28/19
WSR 18-14-103, § 392-140-973, filed 7/3/18, effective 8/3/18. Statutory Authority: RCW 28A.150.290(1). WSR 16-23-102, § 392-140-973, filed 11/17/16, effective 12/18/16. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-973, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 14-04-002, § 392-140-973, filed 1/22/14, effective 2/22/14
WSR 11-23-116, § 392-140-973, filed 11/21/11, effective 12/22/11. Statutory Authority: RCW 28A.150.290(1). WSR 11-02-054, § 392-140-973, filed 1/3/11, effective 2/3/11
WSR 10-12-020, § 392-140-973, filed 5/21/10, effective 6/21/10
WSR 09-07-043, § 392-140-973, filed 3/11/09, effective 4/11/09
WSR 08-17-013, § 392-140-973, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). WSR 02-15-023, § 392-140-973, filed 7/9/02, effective 8/9/02.

Wash. Admin. Code § 392-140-974 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Administrative procedures.

(1) Districts, charter schools, and tribal compact schools that employ teachers and other certificated instructional staff eligible for the salary bonus shall report those employees to the office of superintendent of public instruction by submitting for each employee the required data as determined by the superintendent of public instruction.

(2) Districts, charter schools, and tribal compact schools shall document each employee's eligibility by maintaining on file for audit a copy of the employee's national board certification notice and evidence of employment and duties assigned. For employees eligible for the high poverty schools bonus pursuant to WAC 392-140-973(3), districts, charter schools, and tribal compact schools shall also document the employee's instructional assignments in high poverty schools.

(3) All requests for the bonus must be submitted to the superintendent of public instruction by July 1st of the school year and shall be paid in the July apportionment and displayed on Report 1197, in revenue account 4158.

(4) Bonuses shall be reduced by a factor of 40 percent for first year National Board for Professional Teaching Standards (NBPTS) certified teachers, to reflect the portion of the instructional school year they are certified.

(5) For each candidate, the superintendent of public instruction shall send the district, charter school, or tribal compact school the amount of the salary bonus set in the Operating Appropriations Act plus an amount for the district's or charter school's (employer) portion of mandatory fringe benefits. The amount of the annual bonus in WAC 392-140-973(2) shall be five thousand dollars in the 2007-08 school year. Thereafter, the annual bonus shall increase by inflation. The amount of the high poverty schools bonus in WAC 392-140-973(3) shall be five thousand dollars in the 2007-08 school year. Thereafter, the high poverty schools bonus shall not increase by inflation.

(6) The district, charter school, or tribal compact school shall pay the bonus to the employee in a lump sum amount on a supplemental contract pursuant to RCW 28A.400.200 no later than August 31st of the school year.

(7) The salary bonus is included in the definition of "earnable compensation" under RCW 41.32.010(10).

History

Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 20-03-150, § 392-140-974, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-974, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 14-04-002, § 392-140-974, filed 1/22/14, effective 2/22/14
WSR 11-23-116, § 392-140-974, filed 11/21/11, effective 12/22/11. Statutory Authority: RCW 28A.150.290(1). WSR 08-17-013, § 392-140-974, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(1) and section 513(11) of ESSB 5404 (the 2003-05 state operating budget). WSR 03-21-100, § 392-140-974, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). WSR 02-15-023, § 392-140-974, filed 7/9/02, effective 8/9/02.

Wash. Admin. Code § 392-140-975 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Requests for review and adjustment.

A district, charter school, or tribal compact school may request that the superintendent of public instruction review and adjust data and calculations used to determine funding for the salary bonus for teachers and other certificated instructional staff who hold current certification by the national board for professional teaching standards pursuant to this chapter and instructions issued by the superintendent of public instruction. Requests to review and adjust data shall be considered only for those districts, charter schools, or tribal compact schools wishing to appeal a school's eligibility designation for the high poverty schools bonus pursuant to WAC 392-140-973(3).

Requests to review and adjust data shall be considered only if the district, charter school, or tribal compact school shows that the data or calculations are in error, or other bona fide adjustments are necessary.

History

Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 20-03-150, § 392-140-975, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-140-975, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 14-04-002, § 392-140-975, filed 1/22/14, effective 2/22/14. Statutory Authority: RCW 28A.150.290(1). WSR 10-12-020, § 392-140-975, filed 5/21/10, effective 6/21/10.

Wash. Admin. Code § 392-140-976 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Conditional loan program.

(1) Within available funds, certificated instructional staff who have met the eligibility requirements and have applied for certification from the National Board for Professional Teaching Standards may receive a conditional loan of one thousand four hundred twenty-five dollars toward the current assessment fee, not including the initial up-front candidacy payment.

(2) The conditional loan shall be an advance on the first annual bonus provided under RCW 28A.405.415. The conditional loan is provided in addition to compensation received under a district's salary allocation and shall not be included in calculations of a district's average salary and associated salary limitation under RCW 28A.400.200.

(3)(a) Conditional loan recipients who fail to receive national board certification within three years following the completion of their second year of candidacy under the National Board for Professional Teaching Standards must repay the conditional loan.

(b) Repayment shall begin after the candidate has either:

(i) Obtained the national board certification;

(ii) Exhausted all years of eligibility under the National Board for Professional Teaching Standards; or

(iii) Withdrawn their candidacy.

(4) The terms of repayment shall be pursuant to a promissory note or other instrument executed by the conditional loan recipient.

History

Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 20-03-150, § 392-140-976, filed 1/21/20, effective 2/21/20. Statutory Authority: 2018 c 299 § 513 (4)(d), and RCW 28A.405.415. WSR 18-17-181, § 392-140-976, filed 8/22/18, effective 9/22/18.

Chapter 392-141 Transportation—State allocation for operations.

Wash. Admin. Code § 392-141-300 Authority and purpose.

The authority for this chapter is RCW 28A.150.290 which authorizes the superintendent of public instruction to adopt rules and regulations for the administration of chapter 28A.150 RCW, which includes student transportation programs, RCW 28A.160.030, which includes individual and in lieu transportation arrangements, RCW 28A.160.160 which includes hazardous walking conditions, and RCW 28A.160.1921 which includes the transportation reporting requirements. The purpose of this chapter is to establish the method for the allocation of funding for the operation of public school student transportation programs.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-075, § 392-141-300, filed 5/19/15, effective 6/19/15
WSR 11-15-007, § 392-141-300, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-310 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Superintendent" means the superintendent of public instruction.

(2) "District" means either a school district or an educational service district.

(3) "Charter school" means a public school operating under the provisions of chapter 28A.710 RCW.

(4) The definition of "school" includes learning centers or other agencies where educational services are provided.

(5) "Eligible student" means any student served by a district or charter school transportation program either by bus, district car, or individual arrangements meeting one or more of the following criteria:

(a) A student whose route stop is outside the walk area of the student's enrollment school site; or

(b) A student whose disability is defined by RCW 28A.155.020 and who is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from school.

Districts determine which students are provided with transportation services; however, only eligible students qualify for funding under the operations allocation.

(6) "To and from transportation" means all transportation between route stops and schools both before and after the school day. To and from transportation includes transportation between home and school and transportation between schools, commonly referred to as shuttles. Transportation not authorized for state allocations under this definition includes, but is not limited to, transportation for students participating in nonacademic extended day programs, field trips, and extracurricular activities.

(7) "Home to school transportation" means all student transportation between route stops and schools both before and after the school day. Home to school transportation does not include transportation between schools.

(8) "Basic program transportation" means students transported between home and school for their basic education. Basic program transportation includes those students who qualify under RCW 28A.155.020 for special services and are capable of protecting his or her own welfare while traveling to or from school and those students who are enrolled in gifted or bilingual programs or homeless students that do not require specialized transportation. Also included in basic program transportation is transportation required to comply with the school choice provisions of the Elementary and Secondary Education Act (ESEA).

(9) "Special program transportation" means home to school transportation for one of the following specialized programs:

(a) Special education programs provided for by chapter 28A.155 RCW and where transportation as a related service is included on the student's individual education plan or where transportation is required under the provisions of Section 504 of the Rehabilitation Act of 1973; or

(b) Students who require special transportation to a bilingual program in a centralized location; or

(d) Students who require special transportation to their school of origin as required by the provisions of the McKinney-Vento Homeless Assistance Act or the foster care provisions in the ESEA Section 1112 (c)(5)(B); or

(e) Students who require special transportation to a district operated head start, district operated early childhood education assistance program, or other district operated early education program.

(10) "Private party contract" means the provision of home to school transportation service using a private provider (not in a school bus). Private party contracts shall require criminal background checks of drivers and other adults with unsupervised access to students and assurances that any students transported be provided with child safety restraint systems that are age and weight appropriate. Vehicles used must meet school bus specifications established in chapter 392-143 WAC if they have a manufacturer's design capacity of greater than ten passengers, including the driver. However, a vehicle manufactured to meet the federal specifications of a multifunction school activity bus may be used.

(11) "In lieu transportation" means a contract to provide home to school transportation with a parent, guardian or adult student, including transportation on rural roads to access a school bus stop.

(12) "Count period" is the three consecutive school day window used for establishing the reported student count on home to school routes.

(13) The school year is divided into three "report periods," as follows: September - October, November - January, and February - April. These report periods are also referred to respectively as the fall, winter and spring reports. The count period must not fall within five school days of the end of the report period.

(14) "Combined student count" is the total number of basic program or special program eligible student riders reported during each report period. The combined student counts for the determination of funding consist of the prorated basic program and special program student counts from the prior year's spring report and the current year's fall and winter reports. The prior school year's fall, winter and spring student counts are used for the determination of the efficiency rating. The combined student counts are prorated based on the number of months in the respective report period. For a charter school in the first year of operation, the current year fall count shall be used as the prior year spring count to determine the combined student count.

(15) "Average distance to school" means the average of the distances from each school bus stop measured by the shortest road path to the assigned student's school of enrollment.

(16) "Prorated average distance" is calculated by taking the average distance to school weighted by the number of months in the corresponding report period. The prorated average distance used in calculating district allocation consists of the prorated average distance from the prior year's spring report and the current year's fall and winter reports. The prior school year's fall, winter and spring average distances are used for the determination of the efficiency rating.

(17) "Prorated number of destinations" is calculated by taking the number of learning centers a school district provides with home-to-school transportation service weighted by the number of months in the corresponding report period. The prorated number of destinations used in calculating district allocation consists of the prorated number of destinations from the prior year's spring report and the current year's fall and winter reports. The prior school year's fall, winter, and spring number of destinations are used for the determination of the efficiency rating.

(18) "Land area" is the area of the school district in square miles, excluding water and public lands, as determined by the superintendent. For educational service districts, the land area value will be determined by the superintendent from the contiguous area provided with transportation service.

(19) "Roadway miles" refers to the number of public roadway miles within the land area of the school district, as determined by the superintendent. For educational service districts, the roadway mile value will be determined by the superintendent from the roadway miles within the contiguous area provided with transportation service.

(20) "Walk area" is defined as the area around a school where the shortest safe walking route to school is less than one mile.

(21) "District car route" means to and from school transportation where a district motor pool vehicle (not a school bus) is used to transport an eligible student or students. Any regularly scheduled home to school transportation in a district car is required to be driven by an authorized school bus driver.

(22) "District car allocation" is calculated by multiplying the total annual district car route mileage by the rate of reimbursement per mile that is authorized for state employees for the use of private motor vehicles in connection with state business in effect on September 1st of each year.

(23) A "low ridership district" is defined as a district with an annual student count less than two hundred eighteen students.

(24) A "nonhigh" district is defined as a district meeting the eligibility requirements for a nonhigh district as established by the superintendent of public instruction's school apportionment and financial services section.

(25) A "transportation cooperative" is defined as two or more districts sharing transportation operations administrative functions. An interdistrict agreement for the provision of maintenance services on school buses does not constitute a transportation cooperative for the purposes of this chapter, regardless if the agreement qualifies as a transportation cooperative under the provisions of chapter 392-346 WAC, unless shared operations administrative functions are also included in the interdistrict agreement. A transportation cooperative has the option of reporting as a single entity.

(26) "Alternate funding system" means an additional funding system as provided in RCW 28A.160.191, defined by OSPI to adjust the allocation for low enrollment school districts, nonhigh school districts, school districts participating in interdistrict transportation cooperatives, and educational service districts operating special transportation services.

(27) "Prior year expenditures" means the total of school district transportation operations costs for to-and-from transportation for the prior school year. All revenue reported in transportation except for the state allocation for transportation operations is deducted from reported costs, including in lieu of depreciation allocations under the provisions of WAC 392-142-245 for districts contracting transportation services. Any adjustments as a result of audits or other adjustments to prior year costs shall not be included unless those adjustments are correcting the actual cost of transportation operations for the prior year. The basis for the prior year expenditures shall be the district financial statement. School districts are only required to report adjustments not reflected in the annual financial statement.

(28) "Expected allocation" means the initial amount of funding resulting from the regression analysis calculation.

(29) "Adjusted allocation" means the expected allocation plus any alternate funding system, calendar, or legislative adjustments.

(30) For a district, "actual allocation" means the lesser of the prior year expenditures including adjustments by the legislature or the adjusted allocation. For a charter school, the actual allocation is a final amount to be allocated for transportation services using the process described in this chapter, plus any funding provided under chapter 392-142 WAC.

(31) "Efficiency evaluation" refers to the statistical evaluation of efficiency of a school district's transportation operation using linear programming of the data required by the funding formula and the number of buses used on home-to-school routes. Each school district is separately compared to an individualized statistical model of a district having similar site characteristics. The efficiency evaluation is expressed as a percentage efficiency rating.

(32) A district's "transportation funding percentage" is calculated by dividing the district's actual allocation by the district's prior year expenditures.

(33) The "state median percent funded" is determined by calculating each district's transportation funding percentage and taking the median value by sorting the total number of reporting districts in descending order and selecting the middle value. If there is an even number of districts, the bottom value in the top half shall be used.

History

Statutory Authority: RCW 28A.150.290. WSR 16-22-073, § 392-141-310, filed 11/1/16, effective 12/2/16
WSR 16-05-062, § 392-141-310, filed 2/12/16, effective 3/14/16
WSR 15-11-075, § 392-141-310, filed 5/19/15, effective 6/19/15
WSR 13-17-110, § 392-141-310, filed 8/21/13, effective 9/21/13
WSR 11-15-007, § 392-141-310, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-320 Reporting requirements.

(1) Reports shall be submitted by each district or charter school to the superintendent no later than the last business day in October, the first business day in February, and the first business day in May. These reports shall reflect to the extent practical the planned student transportation program for the entire report period and which is in operation during the ridership count period. The superintendent shall have the authority to make modifications or adjustments in accordance with the intent of RCW 28A.160.150. Each district or charter school shall submit the data required on a timely basis as a condition to the continuing receipt of student transportation allocations.

(2) In each report period, districts shall report such operational data and descriptions, as required by the superintendent to determine the operations allocation for each district, including:

(a) School bus route information;

(b) Student count information; and

(3) For the fall report, districts shall report to the superintendent as required:

(a) An annual school bus mileage report including the total to and from school bus miles for the previous school year, and other categories as requested;

(b) An annual report of each type of fuel purchased for student transportation service for the previous school year, including quantity and cost. This report shall be considered part of the district's annual financial statement for the purposes of RCW 28A.160.170(2); and

(c) An annual report as required by RCW 28A.300.540 of the number of students transported to their school of origin as required by the McKinney-Vento Homeless Assistance Act and the foster care provisions in the ESEA Section 1112 (c)(5)(B) for the previous school year, and the total mileage and additional cost of such transportation. These costs may include, but are not limited to:

(i) Transportation service that serves only student(s) under McKinney-Vento and the foster care provisions in the ESEA Section 1112 (c)(5)(B). Districts may determine costs based upon route mileage and an average per mile cost for operation of the bus or vehicle. Driver time may be taken from actual driver costs records if such records are maintained, or may be determined using an average driver costs factor.

(ii) Incremental revisions in route at the start or end of a route to accommodate McKinney-Vento and foster care transportation, if separately identified, may be included based upon route mileage and an average per mile cost for operation of the bus or vehicle.

(iii) Costs for public transportation or other contracted services for transporting McKinney-Vento and foster care student(s).

(iv) Nondriver transportation staff positions whose job duties are predominately overseeing or routing services to McKinney-Vento and foster care students. If the position duties encompass other non-McKinney-Vento and foster care areas, then only the costs directly related to McKinney-Vento and foster care transportation shall be included and such costs shall be determined using federal time and effort reporting procedures.

No indirect or allocated costs may be included in this reporting.

(4) In each report period, charter schools shall report student counts.

History

Statutory Authority: RCW 28A.150.290. WSR 16-22-073, § 392-141-320, filed 11/1/16, effective 12/2/16
WSR 16-05-062, § 392-141-320, filed 2/12/16, effective 3/14/16
WSR 15-11-075, § 392-141-320, filed 5/19/15, effective 6/19/15
WSR 13-17-110, § 392-141-320, filed 8/21/13, effective 9/21/13
WSR 11-15-007, § 392-141-320, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-330 School bus driver daily logs.

Districts shall require drivers to maintain a daily route log that includes the school bus driver's name, bus number, route number, destinations and student counts by destination, pretrip and posttrip verification, with the date and school bus driver's signature. These daily route logs shall be completed in ink and shall be maintained in the district files in accordance with the district record retention schedule. Electronic data collection systems or files may be used for any of this information.

Daily route logs are required to be completed at least once each week. If a district does not require daily route logs on a daily basis, the district must ensure that during each report period a daily log is collected on at least one additional weekday corresponding to each of the days of the count period.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-075, § 392-141-330, filed 5/19/15, effective 6/19/15
WSR 11-15-007, § 392-141-330, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-340 Determination of the walk area.

(1) Each district or charter school shall determine the walk area for each school building or learning center where students are enrolled, attend class and transportation is provided. The district or charter school is required to use a process to determine the walk area that involves as many of the following groups as possible: Parents, school administrators, law enforcement representatives, traffic engineers, public health or walking advocates and other interested parties. Hazardous conditions requiring transportation service will be documented and will include all roadways, environmental and social conditions included in the evaluation process. The process will be consistent with the one described in School Walk and Bike Routes: A Guide for Planning and Improving Walk and Bike to School Options for Students published by the Washington state department of transportation.

(2) The process will identify preferred walking routes from each neighborhood to each elementary school as required by RCW 28A.160.160(5). Walk areas will be reviewed as conditions change or every two years.

(3) Districts and charter schools are allowed to provide transportation service within the walk area, but basic program students who are provided transportation from school bus stops within the walk area are not eligible for funding. It is the responsibility of each district or charter school to ensure that noneligible students who are provided with transportation service within the walk area are correctly reported during the count period.

(4) A district or charter school is not required to document the process used to determine that transportation will not be provided from an area. Districts and charter schools are only required to document the process used to make a decision to transport within one road mile of a school if such transportation is provided due to hazardous conditions and those students are reported for funding.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-075, § 392-141-340, filed 5/19/15, effective 6/19/15
WSR 11-15-007, § 392-141-340, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-350 Authorization and limitation on district payments for individual and in lieu transportation arrangements.

Districts may commit to individual transportation or in lieu arrangements subject to approval by the educational service district superintendent or his or her designee. The following arrangements and limitations apply:

(1) A district shall contract with the custodial parent, parents, guardian(s), person(s) in loco parentis, or adult student(s) to pay the lesser of the following in lieu of transportation by the district:

(a) Mileage and tolls for home to school transportation (in whole or part) for not more than two necessary round trips per school day, unless additional trips are required due to the provisions of the student's individualized education program; or

(b) Mileage and tolls for home to school transportation for not more than five round trips per school year, plus room and board.

(2) The in lieu of transportation mileage, tolls and board and room rates of reimbursement which a district is hereby authorized to pay shall be computed as follows:

(a) Mileage reimbursement shall be computed by multiplying the actual road distance from home to school (or other location specified in the contract) with any type of transportation vehicle that is operated for the purpose of carrying one or more students by the maximum rate of reimbursement per mile that is authorized by law for state employees for the use of private motor vehicles in connection with state business;

(b) Toll reimbursement shall be computed by adding the actual fees paid as a condition to the passage of a transportation vehicle and its student passengers or its operator, or both, across a bridge or upon a ferry, and similar fees imposed as a condition to the passage, ingress, or egress of such vehicle and its student passengers or its operator, or both, while traveling to and from school; and

(c) Board and room reimbursement shall be computed at the rates established by the department of social and health services (inclusive of the basic rates and, in the case of disabled students, the additional amounts for students with special needs, but exclusive of any rates or amounts for clothing and supplies).

History

Statutory Authority: RCW 28A.150.290. WSR 13-17-110, § 392-141-350, filed 8/21/13, effective 9/21/13
WSR 11-15-007, § 392-141-350, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-360 Operation allocation computation.

(1) The operation allocation shall be calculated using the following factors:

(a) The combined student count of basic program students;

(b) The combined student count of special program students;

(d) The district's total land area;

(e) The district's prorated number of destinations;

(f) If the district is a nonhigh district, the answer to the following question: Does the district provide transportation service for the high school students residing in the district?

(g) Any other district data element as described by the superintendent in the annual operations bulletin. In order for a data element to be included, it must be found to be statistically significant for two consecutive school years.

For each district, an expected allocation is determined using the coefficients resulting from a regression analysis of (a) through (g) of this subsection, evaluated statewide against the total of all school district's prior year expenditures. If a data element is determined not to be statistically significant, it shall not be included in the calculation of the allocation. The coefficients will be determined using the prior school year fall, winter, and spring reports and prior year expenditures.

(2) For the calculation of the regression analysis coefficients, the prior year expenditures for each district shall be adjusted as required by the legislature.

(3) The adjusted allocation is the result of modifying the expected allocation by:

(a) Adding any district car mileage reimbursement; and

(b) Adding any adjustment resulting from the alternate funding systems identified in WAC 392-141-380; and

(c) Making any deduction resulting from an alternate school year calendar approved by the state board of education under the provisions of RCW 28A.305.141; and

(d) Making any adjustment as required by the legislature.

(4) Each district's actual allocation for student transportation operations is the lesser of the district's prior year expenditures adjusted as required by the legislature or the adjusted allocation.

(5) The funding assumption for the transportation operation allocation is that kindergarten through twelfth grade (K-12, or whatever grades are enrolled in district schools) school transportation services are provided by the district five days per week, to and from school, before and after the regular school day and operating one hundred eighty days per school year. K-12 service being provided on any other basis is subject to corresponding proration of the operation allocation.

History

Statutory Authority: RCW 28A.150.290. WSR 16-05-062, § 392-141-360, filed 2/12/16, effective 3/14/16
WSR 15-11-075, § 392-141-360, filed 5/19/15, effective 6/19/15
WSR 13-17-110, § 392-141-360, filed 8/21/13, effective 9/21/13
WSR 11-15-007, § 392-141-360, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-375 Funding calculation for charter schools.

For a charter school, the per-student allocation for student transportation is calculated using the actual allocation for the previous school year for the district in which the charter school is located, divided by the district's prior year's combined student count. This per-student amount is provided to the charter school based on the charter school's current year combined student count.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-075, § 392-141-375, filed 5/19/15, effective 6/19/15.

Wash. Admin. Code § 392-141-380 Alternate funding systems for low enrollment districts, nonhigh districts, districts participating in interdistrict transportation cooperatives, and educational service districts operating special transportation services.

The superintendent shall adjust the amount of the transportation operation allocation for low ridership, nonhigh, districts in interdistrict transportation cooperatives, and educational service districts operating special transportation services in the following manner:

(1) The district's prior school year's transportation funding percentage is compared to the state median percent funded;

(2) If the district's prior year transportation funding percentage is greater than the state median percent funded no adjustment is made; and

(3) If the district's prior year transportation funding percentage is less than the state median percent funded, the allocation shall be adjusted by the difference between the state median percent funded and the district's prior year transportation funding percentage.

History

Statutory Authority: RCW 28A.150.290. WSR 16-05-062, § 392-141-380, filed 2/12/16, effective 3/14/16
WSR 15-11-075, § 392-141-380, filed 5/19/15, effective 6/19/15
WSR 13-17-110, § 392-141-380, filed 8/21/13, effective 9/21/13
WSR 11-15-007, § 392-141-380, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-390 Allocation schedule for state payments.

The superintendent shall apportion the transportation operation allocation according to the schedule in RCW 28A.510.250. Such allocation may be based on estimated amounts for payments made in September, October, November, December, and January. Prior to the 15th of January of each year the superintendent shall notify districts of the regression analysis coefficients to be used in the calculation of district transportation allocation.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-075, § 392-141-390, filed 5/19/15, effective 6/19/15
WSR 11-15-007, § 392-141-390, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-400 Efficiency evaluation review.

(1) Each school district's efficiency evaluation will be reviewed annually by the regional transportation coordinators. If a school district's efficiency rating is less than ninety percent, the regional transportation coordinator shall review the school district's transportation operation to identify the factors impacting the ability of the school district to operate an efficient student transportation system. Such factors will include those within the school district's controls and those factors that are beyond the school district's control.

(2) Completed regional transportation coordinator reports on the review of school district efficiency evaluation will be provided to the legislature prior to December 1st of each year. School districts will be provided an opportunity to respond to the conclusions of the regional transportation coordinator evaluation and such comments will be included in the report to the legislature. Also included in the report are any actions identified by a school district in response to the regional transportation coordinator evaluation.

History

Statutory Authority: RCW 28A.150.290. WSR 16-05-062, § 392-141-400, filed 2/12/16, effective 3/14/16
WSR 15-11-075, § 392-141-400, filed 5/19/15, effective 6/19/15
WSR 11-15-007, § 392-141-400, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-410 Recovery of transportation funds.

The superintendent of public instruction shall recover (take back) state pupil transportation allocations that are not expended for the allowable student transportation program costs under the accounting guidance provided by the superintendent. The amount of the recovery shall be calculated as follows:

(1) Determine the district's state allocation for student transportation operations for the school year.

(2) Determine the district's allowable student transportation costs as follows:

(a) Sum the following amounts:

(i) The district's direct expenditures for general fund program 99 pupil transportation, and for educational service district student transportation operations expenditures in program 70 transportation excluding expenditures associated with the regional coordinator and bus driver training grants;

(ii) Allowable indirect charges equal to the expenditures as calculated pursuant to (a)(i) of this subsection times the state recovery rate as calculated in the district annual financial report;

(b) Subtract the district's revenues for the school year for revenue account 7199 (transportation revenues from other districts).

(3) If the allowable program costs are less than the state allocation, OSPI shall recover the difference.

(4) Special rule for the 2019-20 school year only. School districts may carry over state pupil transportation allocations that were not expended for allowable student transportation program costs from the 2018-19 school year to the 2019-20 school year.

Funds transferred into the transportation vehicle fund shall not be included as allowable transportation program costs for recovery calculations.

History

Statutory Authority: RCW 28A.150.290. WSR 19-21-020, § 392-141-410, filed 10/4/19, effective 11/4/19
WSR 13-17-110, § 392-141-410, filed 8/21/13, effective 9/21/13
WSR 11-15-007, § 392-141-410, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-420 District recordkeeping requirements.

All data and forms necessary to develop the district's student transportation report shall be maintained in accordance with the district record retention schedule and shall include the following:

(1) All school bus route logs and school bus driver daily logs including those required in WAC 392-141-330. If student lists are maintained for each school bus route, a copy (electronic or paper) of the list in effect for each count period;

(2) All documentation used to verify the number of students boarding the bus at bus stops within the walk area of their school of enrollment;

(3) All documentation used to report and verify the location of school bus stops used in home to school transportation, including school destinations and transfer points;

(4) All documentation used to develop the annual school bus mileage report;

(5) All documentation used to develop the annual fuel report;

(6) All documentation used to develop the annual report of McKinney-Vento Homeless Act transportation;

(7) All documentation used to develop the district car mileage report;

(8) Copies of any and all correspondence, publications, or other materials distributed to parents describing the transportation funding process. Districts may provide educational material regarding the funding process for student transportation. However, districts may not promote or publicize specific count periods. Districts shall not utilize incentive programs that provide tangible gifts to reward increases in ridership counts; and

(9) Other operational data and descriptions, as required by the superintendent to determine the operation allocation requirements for each district.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-075, § 392-141-420, filed 5/19/15, effective 6/19/15
WSR 11-15-007, § 392-141-420, filed 7/7/11, effective 8/7/11.

Wash. Admin. Code § 392-141-430 Charter school recordkeeping requirements.

All data and forms necessary to develop the charter school's student transportation report shall be maintained in accordance with the charter school's record retention schedule and shall include the following:

(1) Any school bus route logs or school bus driver daily logs for each count period;

(2) All documentation used to calculate the combined student count for each report period; and

(3) All documentation used to calculate the number of students boarding the bus at bus stops within the walk area of their school of enrollment.

Charter schools shall not promote or publicize specific count periods or utilize incentive programs that provide tangible gifts to reward ridership during specific time periods.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-075, § 392-141-430, filed 5/19/15, effective 6/19/15.

Chapter 392-142 Transportation—Replacement and depreciation allocation.

Wash. Admin. Code § 392-142-005 Authority and purpose.

The authority for this chapter is RCW 28A.150.290 which authorizes the superintendent of public instruction to adopt rules and regulations for the proper administration of RCW 28A.160.195 and 28A.160.200. The purpose of this chapter is to specify and implement the rules for the school bus depreciation and replacement systems.

History

Statutory Authority: RCW 28A.150.290. WSR 12-19-098, § 392-142-005, filed 9/19/12, effective 10/20/12. Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). WSR 95-17-011, § 392-142-005, filed 8/4/95, effective 9/4/95. Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-142-005, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-005, filed 1/2/90, effective 2/2/90. Statutory Authority: RCW 28A.41.170. WSR 83-22-031 (Order 83-16), § 392-142-005, filed 10/26/83.

Wash. Admin. Code § 392-142-100 Definitions.

For the purposes of this chapter, the following definitions apply:

(1) "Superintendent" means the superintendent of public instruction.

(2) "District" means a public school district or educational service district.

(3) "Charter school" means a public school operating under the provisions of chapter 28A.710 RCW.

(4) "School bus" means a vehicle:

(a) With a seating capacity of more than ten persons including the driver;

(b) Used for transportation of students to and from school or in connection with school activities; and

(5) "Replacement system" is the reimbursement process used for school buses when a district is the legal owner.

(6) "Depreciation system" is the reimbursement process used for contractor-owned school buses operated under a contract with a district to provide regularly scheduled to-and-from student transportation services.

(7) "Charter school system" is the reimbursement process used when a charter school is contracting transportation services.

(8) "School bus categories" are defined annually by the superintendent, taking into account such factors as student capacity, fuel type, and special equipment.

(9) "System lifetime" means the minimum number of months that a category of school bus is expected to be in use as determined by the superintendent.

(10) "Eligible months" are defined as the number of months a school bus is eligible for reimbursement payments within a school year. If a newly acquired school bus is eligible for reimbursement, such eligibility is determined by the issue date of the school bus operation permit as defined in WAC 392-143-010(4). If the issue date is prior to the 15th of any month, eligibility begins with the first of the month; otherwise eligibility begins with the first of the following month. The total number of eligible months in all school years shall not be more than the system lifetime.

(11) A school bus is defined as "improperly maintained or operated" when it is unable to pass the Washington state patrol inspection process within ninety days of the date requested for presentation. The school district may request the superintendent for an additional ninety days to arrange for repairs to the school bus. Improper operation includes use of a school bus without a valid school bus operation permit issued by the superintendent.

(12) The "state school bus quote" means the annual sealed bid process used by the superintendent as authorized by RCW 28A.160.195 to establish prices for districts to purchase school buses for a school year. Districts may purchase school buses from any school bus dealer's accepted bid.

(13) The "low price quote" means the lowest competitive price quote for each category of school bus received from school bus dealers in the state school bus quote. The low price quote is determined prior to the inclusion of any sales or use tax. Included in the low price quote are:

(a) Freight to the district; and

(b) Cost associated with full payment within thirty days of delivery.

In the state school bus quote process, the superintendent may include options for districts to purchase that are not included in the low price quote.

(14) "State-determined purchase price" is defined as the low price quote including any sales and use taxes at the highest rate that could be charged to any district in the state by the school bus dealer submitting that quote.

(15) "Average price" is defined as the five-year average of the low price quote for each school bus category. The average price is determined using the current and four previous school years' state school bus quote.

(16) "System price" means the price used to calculate the payment in a given school year, as follows:

(a) For the replacement system, the system price for a school bus for all years except the final year is the average price. For the final year, the system price is the current state determined purchase price.

(b) For the depreciation system, the system price for a school bus for all years is the first year's state determined purchase price.

(17) "Total school bus replacement payments" means the sum of all replacement payments for a school bus for prior school years.

(18) "Assumed interest earnings" means the sum of interest which is assumed to be earned on money assumed to be available in the transportation vehicle fund from any prior replacement payments and any previous interest earnings for a school bus. The rate used to calculate assumed interest earnings shall be the average of the ninety-day treasury bill rate during the previous state fiscal year calculated on the basis of simple interest.

(19) The "salvage value" of a school bus is defined as twenty-five percent of the first year's state determined purchase price divided by the system lifetime in years.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-100, filed 5/19/15, effective 6/19/15
WSR 12-19-098, § 392-142-100, filed 9/19/12, effective 10/20/12. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-100, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-205 Assignment and changes to school bus categories.

To determine the average price for a school bus assigned to a category that was not defined in the previous four years, the superintendent shall assign the school bus to the most appropriate category. When a school bus category is no longer available or when the definition of a school bus category is changed, the superintendent shall place any school bus still eligible for reimbursement into the most appropriate existing category. The superintendent shall provide a public meeting for interested parties prior to any change in school bus categories.

History

Statutory Authority: RCW 28A.150.290. WSR 12-19-098, § 392-142-205, filed 9/19/12, effective 10/20/12
WSR 04-08-116, § 392-142-205, filed 4/6/04, effective 5/7/04. Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). WSR 95-17-011, § 392-142-205, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-205, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-214 Alternative bid process.

Districts are not required to use the state school bus quote process to purchase a school bus. However, a district using another process shall only be reimbursed for a school bus if the school district uses a lowest-price competitive bid process conducted in accordance with the requirements of RCW 28A.335.190. Regardless of purchase process, all school buses must meet the requirements established in the school bus specifications manual.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-214, filed 5/19/15, effective 6/19/15
WSR 12-19-098, § 392-142-214, filed 9/19/12, effective 10/20/12.

Wash. Admin. Code § 392-142-225 Placement of used school buses on the state reimbursement system.

A used school bus not previously on the reimbursement system shall be placed on the reimbursement system as if it had been issued a school bus operation permit on the first of September in the year of manufacture. A used school bus previously on the reimbursement system shall be placed on the system using the original initial eligible month and assuming no break in eligible months. The superintendent shall calculate reimbursement for used school buses using the assumption that all possible prior system payments were paid along with any assumed interest earnings.

History

Statutory Authority: RCW 28A.150.290. WSR 12-19-098, § 392-142-225, filed 9/19/12, effective 10/20/12
WSR 05-19-072, § 392-142-225, filed 9/16/05, effective 10/17/05
WSR 03-13-049, § 392-142-225, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-225, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-240 Calculation of replacement system payments.

To calculate the replacement system payment for a district-owned school bus, the superintendent shall:

(1) Assign the school bus to the appropriate category;

(2) Divide the current year system price by the system lifetime;

(3) Multiply by the total number of past and current year eligible months;

(4) Subtract the total amount of all school bus replacement payments made in prior school years (if any);

(5) Subtract the assumed interest earnings (if any); and

(6) Subtract the salvage value if the current school year is the final year of the school bus's system life.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-240, filed 5/19/15, effective 6/19/15
WSR 12-19-098, § 392-142-240, filed 9/19/12, effective 10/20/12
WSR 05-19-072, § 392-142-240, filed 9/16/05, effective 10/17/05
WSR 03-13-049, § 392-142-240, filed 6/12/03, effective 7/13/03. Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). WSR 95-17-011, § 392-142-240, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.150.290 and 28A.160-130-200. WSR 93-13-083 (Order 93-10), § 392-142-240, filed 6/18/93, effective 7/19/93. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-240, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-245 Calculation of depreciation system payments.

To calculate the depreciation system payment for a contractor-owned school bus, the superintendent shall:

(1) Assign the school bus to the appropriate category;

(2) Divide the first year state supported price by the system lifetime; and

(3) Multiply the result by the number of eligible months in the current school year.

History

Statutory Authority: RCW 28A.150.290. WSR 12-19-098, § 392-142-245, filed 9/19/12, effective 10/20/12
WSR 05-19-072, § 392-142-245, filed 9/16/05, effective 10/17/05
WSR 03-13-049, § 392-142-245, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-245, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-248 Calculation of charter school system payments.

To calculate the charter school system payment for a charter school, the superintendent shall:

(1) Calculate the total amount of replacement system and depreciation system payments for the prior school year for the district in which the charter school is located.

(2) Calculate the combined student count for the prior year as defined in chapter 392-141 WAC for the district in which the charter school is located.

(3) Divide the amount in subsection (1) of this section by the number in subsection (2) of this section.

(4) Multiply the amount in subsection (3) of this section by the charter school's current year combined student count.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-248, filed 5/19/15, effective 6/19/15.

Wash. Admin. Code § 392-142-250 Calculation and allocation schedule.

The superintendent shall calculate annual school bus reimbursement payments for existing school buses by September 15th of each year. Calculation of reimbursement for a school bus entering the system during a school year shall be based on the number of remaining eligible months in the school year. The superintendent shall apportion school bus reimbursement payments as follows:

(1) Replacement system payments shall be distributed to school districts on the final business day of August of each year;

(2) Depreciation system payments shall be distributed to school districts in accordance with the schedule set forth in RCW 28A.510.250; and

(3) Charter school system payments shall be distributed in accordance with the schedule set forth in RCW 28A.510.250.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-250, filed 5/19/15, effective 6/19/15
WSR 12-19-098, § 392-142-250, filed 9/19/12, effective 10/20/12
WSR 05-19-072, § 392-142-250, filed 9/16/05, effective 10/17/05
WSR 03-13-049, § 392-142-250, filed 6/12/03, effective 7/13/03. Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-142-250, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-250, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-255 Deposit of payments in the transportation vehicle fund.

Districts shall deposit net proceeds for the rent, sale, lease, or other disposition of school buses and replacement payments for school district-owned vehicles in the transportation vehicle fund. Depreciation system and charter system payments are not required to be deposited in the transportation vehicle fund.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-255, filed 5/19/15, effective 6/19/15
WSR 12-19-098, § 392-142-255, filed 9/19/12, effective 10/20/12
WSR 10-02-088, § 392-142-255, filed 1/6/10, effective 2/6/10
WSR 05-19-072, § 392-142-255, filed 9/16/05, effective 10/17/05
WSR 03-13-049, § 392-142-255, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-255, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-260 Allowable uses of the transportation vehicle fund.

Districts shall only use money in the transportation vehicle fund for the following purposes:

(1) The purchase of school buses;

(2) Performing major repairs to a school bus receiving prior approval by the superintendent.

Funds may be transferred from the transportation vehicle fund to the debt service fund for the payment of debt and interest associated with purchase agreements for school buses, including lease purchase agreements.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-260, filed 5/19/15, effective 6/19/15
WSR 12-19-098, § 392-142-260, filed 9/19/12, effective 10/20/12
WSR 10-02-088, § 392-142-260, filed 1/6/10, effective 2/6/10
WSR 03-13-049, § 392-142-260, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 91-23-071 (Order 25), § 392-142-260, filed 11/19/91, effective 12/20/91. Statutory Authority: Chapter 28A.530 and HB 1224. WSR 91-23-042 (Order 21), § 392-142-260, filed 11/14/91, effective 12/15/91. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-260, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-265 Improper maintenance and operation.

(1) If a school bus is otherwise eligible for reimbursement payments and is determined to have been improperly maintained or operated, the superintendent shall discontinue reimbursement system payments effective the first of the month following the initial determination. The superintendent shall use the following process for any future payments:

(a) For school buses that are restored to operational condition, the superintendent shall:

(i) Return the school bus to the reimbursement system effective the first of the month following the date of the Washington state patrol inspection; and

(ii) Not provide reimbursement for any months the school bus was determined to have been improperly maintained or operated. However, such months shall be included as eligible months in the calculation of the system lifetime of the vehicle.

(b) For school buses that the district disposes of without returning the vehicle to operational condition, the superintendent shall:

(i) Divide the total number of eligible months by the system life;

(ii) Multiplying the result by the current state-determined purchase price;

(iii) Subtract the total of all previous school bus replacement payments;

(iv) Subtract the total assumed interest earnings; and

(v) Subtract the salvage value.

(2) Such factors as fire, flood, explosion, storm, earthquake, or volcanic eruption shall not result in a school bus being determined to have been improperly maintained or operated. However, reimbursement payments shall be discontinued effective the first of the month following any such occurrence. Any future payments shall be calculated using the procedures listed in subsection (1) of this section. The superintendent shall assume any such school bus will be returned to service until such time as the district disposes of the school bus.

(3) If a district disposes of a school bus prior to the end of its useful lifetime, the superintendent shall discontinue reimbursement system payments as of the month of the sale of the school bus and adjust any final payment using the process in subsection (1) of this section.

(4) If a district operates a school bus without an operation permit, the superintendent shall not provide reimbursement for that time period. However, any such months shall be included as eligible months in the calculation of the system lifetime of the vehicle.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-265, filed 5/19/15, effective 6/19/15
WSR 12-19-098, § 392-142-265, filed 9/19/12, effective 10/20/12
WSR 08-19-016, § 392-142-265, filed 9/5/08, effective 10/6/08
WSR 05-19-072, § 392-142-265, filed 9/16/05, effective 10/17/05. Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). WSR 95-17-011, § 392-142-265, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-265, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-142-270 Disposition of school buses.

When a district sells or otherwise disposes of a school bus, the district shall notify the superintendent within thirty days using SPI Form 1020B.

History

Statutory Authority: RCW 28A.150.290. WSR 15-11-076, § 392-142-270, filed 5/19/15, effective 6/19/15
WSR 12-19-098, § 392-142-270, filed 9/19/12, effective 10/20/12
WSR 03-13-049, § 392-142-270, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 28A.41.170 and 28A.41.540. WSR 90-02-077 (Order 21), § 392-142-270, filed 1/2/90, effective 2/2/90.

Chapter 392-143 Transportation—Specifications for school buses.

Wash. Admin. Code § 392-143-001 Authority and purpose.

The authority for this chapter is RCW 46.61.380 which authorizes the superintendent of public instruction to adopt and enforce regulations to govern the design, marking, and mode of operation of all school buses transporting public school students. The purpose of this chapter is to establish the specifications governing the design and marking of all school buses owned and operated by any school district and all school buses which are privately owned and operated under contract with any school district for the transportation of students. The provisions of this chapter are incorporated by express reference into all school district contracts for the transportation of public school students in privately owned and operated school buses.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-001, filed 4/17/18, effective 5/18/18
WSR 12-01-075, § 392-143-001, filed 12/19/11, effective 1/19/12
WSR 84-20-081 (Order 84-39), § 392-143-001, filed 10/2/84
WSR 83-21-025 (Order 83-13), § 392-143-001, filed 10/10/83.

Wash. Admin. Code § 392-143-010 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "School bus" means every vehicle with a seating capacity of more than ten persons including the driver regularly used to transport students to and from school or in connection with school activities.

(2) "School bus specifications manual" means that manual published by the superintendent of public instruction.

(3) "School district" means either a school district or an educational service district.

(4) "School bus operation permit" means that form issued by the superintendent of public instruction to a school district, which is required prior to the use of any school bus for the transportation of students. No school bus operation permit is valid for any school bus which does not meet the Federal Motor Vehicle Safety Standards implemented April 1, 1977.

(5) "Inspection officer" means an employee of the Washington state patrol designated by the chief of the Washington state patrol to inspect school buses.

(6) "SPI Form 1028" means that form distributed by the superintendent of public instruction upon which the inspection officer indicates that the school bus has been inspected and approved, for used buses previously inspected by the Washington state patrol.

(7) "SPI Form 1029" means that form distributed by the superintendent of public instruction upon which the inspection officer indicates that the school bus has been inspected and approved upon initial purchase, used buses not previously inspected by the Washington state patrol, and buses which have undergone rehabilitation or modification.

(8) "Major repairs" means repairs to or rebuilding of the frame, steering, suspension, or braking systems. Major repairs to braking systems does not include routine maintenance such as replacing brake shoes, pads or drums.

(9) "Multifunction school activity bus (MFSAB)" means a vehicle defined by the National Highway Traffic Safety Administration, 49 C.F.R. 571, as a multifunction school activity bus used for purposes consistent with that definition.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-010, filed 4/17/18, effective 5/18/18
WSR 12-01-075, § 392-143-010, filed 12/19/11, effective 1/19/12
WSR 04-08-117, § 392-143-010, filed 4/6/04, effective 5/7/04
WSR 01-17-006, § 392-143-010, filed 8/1/01, effective 9/1/01
WSR 96-16-012 (Order 96-11), § 392-143-010, filed 7/25/96, effective 8/25/96
WSR 84-20-081 (Order 84-39), § 392-143-010, filed 10/2/84
WSR 83-21-025 (Order 83-13), § 392-143-010, filed 10/10/83
WSR 79-12-005 (Order 9-79), § 392-143-010, filed 11/9/79
Order 8-77, § 392-143-010, filed 10/11/77, effective 11/11/77
Order 19-76, § 392-143-010, filed 12/31/76
Order 7-75, § 392-143-010, filed 12/22/75. Formerly WAC 392-21-110.

Wash. Admin. Code § 392-143-015 School bus specifications manual.

The Washington state school bus specifications manual is hereby incorporated into this chapter by reference. Prior to any revision of the school bus specification manual, the superintendent of public instruction must serve notice to interested parties and shall hold at least one public meeting.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-015, filed 4/17/18, effective 5/18/18
WSR 12-01-075, § 392-143-015, filed 12/19/11, effective 1/19/12
WSR 04-08-117, § 392-143-015, filed 4/6/04, effective 5/7/04
WSR 84-20-081 (Order 84-39), § 392-143-015, filed 10/2/84
WSR 83-21-025 (Order 83-13), § 392-143-015, filed 10/10/83
Order 7-75, § 392-143-015, filed 12/22/75.

Wash. Admin. Code § 392-143-031 School bus inspection—School bus operation permit.

All school buses must be inspected and approved by a Washington state patrol inspection officer prior to initial issue or reissue of a school bus operation permit.

History

Statutory Authority: RCW 46.61.380. WSR 12-01-075, § 392-143-031, filed 12/19/11, effective 1/19/12
WSR 04-08-117, § 392-143-031, filed 4/6/04, effective 5/7/04
WSR 91-23-069 (Order 22), § 392-143-031, filed 11/19/91, effective 11/19/91.

Wash. Admin. Code § 392-143-032 School bus operation permit.

The superintendent of public instruction must issue school bus operation permits as follows:

(1) School buses owned or operated by a school district or owned by a private contractor under contract to a school district must be issued a school bus operation permit on receipt of the following electronic files or documents for each new school bus or used school bus not previously issued a school bus operation permit in Washington state:

(a) SPI Form 1020A, School Bus Acquisition Report;

(b) SPI Form 1029, Initial School Bus Inspection; and

(2) A school bus operation permit must be reissued on receipt of the following electronic files or documents for school buses previously licensed in Washington state:

(a) SPI Form 1020A, School Bus Acquisition Report, from the school district acquiring the school bus; and

(b) SPI Form 1029, Initial School Bus Inspection, if the most recent school bus inspection was more than twelve months prior to the date of acquisition.

(3) A copy of the operation permit must be retained by the school district and a copy shall be placed in the permit holder in the school bus.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-032, filed 4/17/18, effective 5/18/18
WSR 12-15-079, § 392-143-032, filed 7/18/12, effective 8/18/12
WSR 12-01-075, § 392-143-032, filed 12/19/11, effective 1/19/12
WSR 04-08-117, § 392-143-032, filed 4/6/04, effective 5/7/04
WSR 91-23-069 (Order 22), § 392-143-032, filed 11/19/91, effective 11/19/91.

Wash. Admin. Code § 392-143-035 Routine inspection of school buses.

All school buses shall be inspected annually by the Washington state patrol. Inspection dates must be determined by the chief of the state patrol. School districts must be notified by the chief of the state patrol prior to each annual inspection of the time and place of inspection. School buses not presented for inspection at the time and place scheduled by the chief of the state patrol may obtain the appropriate inspection on or before August 31st of the current year. If the vehicle is not inspected on or before August 31st, the bus must not be operated as a school bus unless the requirement is temporarily waived in writing by the chief of the state patrol or until the school bus has passed a required inspection. A second inspection of at least twenty-five percent of each school district's fleet must be conducted annually by the Washington state patrol. This second inspection shall be unannounced and the inspection team must select which buses in the fleet it will inspect. These unannounced inspections must be scheduled so that they do not disrupt the regular transportation program.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-035, filed 4/17/18, effective 5/18/18
WSR 12-01-075, § 392-143-035, filed 12/19/11, effective 1/19/12
WSR 84-20-081 (Order 84-39), § 392-143-035, filed 10/2/84
WSR 83-21-025 (Order 83-13), § 392-143-035, filed 10/10/83
WSR 81-19-011 (Order 81-24), § 392-143-035, filed 9/4/81
Order 7-75, § 392-143-035, filed 12/22/75. Formerly WAC 392-21-120.

Wash. Admin. Code § 392-143-040 Other required inspections of school buses.

All school buses which have been rebuilt, have received a major modification, have received a major repair, or have received an interior renovation or refurbishment must be inspected prior to transporting students in accordance with the following criteria:

(1) A rebuilt school bus: For the purpose of this section, a rebuilt school bus must fully comply with all current Washington specifications at the time the school bus is rebuilt.

(2) A school bus receiving a major modification (e.g., hydraulic lift and/or ramp for wheelchairs) must meet all current state of Washington specifications at the time the major modification is made.

(3) A school bus receiving a major repair must meet or exceed Washington specifications in effect at the time of the original manufacturing date of the bus and shall be inspected in the same manner as a new school bus with emphasis on mechanical safety items.

(4) A school bus receiving an interior renovation or refurbishment must be inspected in the same manner as a new school bus with respect to Federal Motor Vehicle Safety Standard 222.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-040, filed 4/17/18, effective 5/18/18
WSR 12-01-075, § 392-143-040, filed 12/19/11, effective 1/19/12
WSR 84-20-081 (Order 84-39), § 392-143-040, filed 10/2/84
WSR 83-21-025 (Order 83-13), § 392-143-040, filed 10/10/83
Order 8-77, § 392-143-040, filed 10/11/77, effective 11/11/77
Order 7-75, § 392-143-040, filed 12/22/75. Formerly WAC 392-21-125.

Wash. Admin. Code § 392-143-050 Resold school buses.

A school district which sells a school bus to anyone other than another school district must be responsible for removing the school district's name and number and all lettering and markings identifying the vehicle as a school bus prior to its delivery to the purchaser. However, if the district sells the school bus to a private party who certifies in writing that the school bus will be used as a private carrier bus, the district need not remove the four or eight light warning system and stop signal arm.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-050, filed 4/17/18, effective 5/18/18
WSR 04-08-117, § 392-143-050, filed 4/6/04, effective 5/7/04
WSR 84-20-081 (Order 84-39), § 392-143-050, filed 10/2/84
WSR 83-21-025 (Order 83-13), § 392-143-050, filed 10/10/83
Order 7-75, § 392-143-050, filed 12/22/75. Formerly WAC 392-21-150.

Wash. Admin. Code § 392-143-055 Responsibility for compliance with school bus specification rules.

The responsibility for compliance with this chapter lies with the board of directors of each school district. Failure to comply with this chapter constitutes cause for the withholding of state transportation funds for such time and to such extent as is necessary to ensure compliance.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-055, filed 4/17/18, effective 5/18/18
Order 7-75, § 392-143-055, filed 12/22/75. Formerly WAC 392-21-155.

Wash. Admin. Code § 392-143-060 School bus specifications continued compliance.

School districts must maintain all school buses in such condition that they shall continue to meet or exceed Washington state specifications in effect when the bus was manufactured, except as such standards or specifications are subsequently repealed or modified.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-060, filed 4/17/18, effective 5/18/18
WSR 12-01-075, § 392-143-060, filed 12/19/11, effective 1/19/12
WSR 84-20-081 (Order 84-39), § 392-143-060, filed 10/2/84
WSR 83-21-025 (Order 83-13), § 392-143-060, filed 10/10/83
Order 8-77, § 392-143-060, filed 10/11/77, effective 11/11/77.

Wash. Admin. Code § 392-143-070 Other vehicles used to transport students.

All vehicles with a seating capacity including the driver of ten persons or less are not required to meet school bus specifications. Such vehicles regularly used to transport students to and from school or in connection with school activities must carry the approved school bus first-aid kit, fire extinguisher, and highway warning kit. These vehicles also must pass a safety inspection routinely conducted at the intervals outlined in WAC 392-143-035.

School districts may use an MFSAB with a seating capacity of less than sixteen passengers, including the driver. An MFSAB may be used to transport students and is required to have Washington state patrol inspections, initial and annual, for the appropriate class vehicle. An MFSAB must not be used in home-to-school transportation, or where any stop configuration would require the use of alternately flashing school bus warning lights if the vehicle were a school bus. An MFSAB must be equipped with a lap-shoulder belt or other passenger securement system that meets the requirements set forth in the Washington state school bus specifications manual in all seating positions and must not be painted school bus yellow. An MFSAB must carry the approved school bus first-aid kit, fire extinguisher, and highway warning kit. All drivers of an MFSAB must have a school bus driver's authorization in accordance with chapter 392-144 WAC.

All other vehicles used to transport students with a manufacturer rated seating capacity including the driver greater than ten persons are required to meet school bus specifications.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-070, filed 4/17/18, effective 5/18/18
WSR 12-01-075, § 392-143-070, filed 12/19/11, effective 1/19/12
WSR 04-08-117, § 392-143-070, filed 4/6/04, effective 5/7/04
WSR 84-20-081 (Order 84-39), § 392-143-070, filed 10/2/84
WSR 84-03-001 (Order 84-1), § 392-143-070, filed 1/5/84
WSR 83-21-025 (Order 83-13), § 392-143-070, filed 10/10/83
WSR 79-12-005 (Order 9-79), § 392-143-070, filed 11/9/79
Order 8-77, § 392-143-070, filed 10/11/77, effective 11/11/77.

Wash. Admin. Code § 392-143-080 Signs and markings for school buses—Exterior—Interior.

Signs and markings on the exterior of any school bus are limited to the requirements of the school bus specifications manual.

Signs and markings on the interior of any bus are limited to necessary and/or required manufacturers' equipment and/or component identification and instruction, and the requirements of the school bus specifications manual.

History

Statutory Authority: RCW 46.61.380. WSR 18-09-092, § 392-143-080, filed 4/17/18, effective 5/18/18
WSR 12-01-075, § 392-143-080, filed 12/19/11, effective 1/19/12
WSR 04-08-117, § 392-143-080, filed 4/6/04, effective 5/7/04
WSR 02-20-031, § 392-143-080, filed 9/23/02, effective 10/24/02
WSR 91-23-069 (Order 22), § 392-143-080, filed 11/19/91, effective 11/19/91.

Chapter 392-144 School bus driver qualifications.

Wash. Admin. Code § 392-144-005 Purpose and authority.

(1) The purpose of this chapter is to set the minimum standards and qualifications for local education agency(ies) or contracted employees operating school buses for the transportation of public school children.

(2) The authority for this chapter is RCW 28A.160.210.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-005, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-005, filed 4/9/14, effective 9/1/14. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, recodified as § 392-144-005, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 02-18-055, § 180-20-005, filed 8/28/02, effective 9/28/02
WSR 93-08-007, § 180-20-005, filed 3/24/93, effective 4/24/93.

Wash. Admin. Code § 392-144-010 Chapter requirements—Employment.

The requirements in this chapter shall not limit discharge, nonrenewal of contracts, or other employment action by employers of such drivers.

History

Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, recodified as § 392-144-010, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 02-18-055, § 180-20-007, filed 8/28/02, effective 9/28/02.

Wash. Admin. Code § 392-144-020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Superintendent" means the Washington state superintendent of public instruction or designee.

(2) "School bus driver" means a person, who is employed by a local education agency including contracted drivers under WAC 392-144-040 (1) and (2) and as part of that employment or contract, operates a school bus as defined in WAC 392-143-010, or other motor vehicles for the regularly scheduled transportation of students between home and school. School buses shall be operated by authorized school bus drivers when transporting students. An authorized school bus driver may also transport students on field trips and other school related activities.

(3) "School bus driver's authorization" means an authorization issued by the superintendent indicating that the person has met the requirements to operate a school bus or other motor vehicle for the purpose of transporting students to and from school routinely on scheduled routes and/or school activities. A school bus driver must have a valid authorization prior to transporting students and such authorization shall continue in effect as long as the person continues to meet the requirements of this chapter. A school bus driver authorization is not valid if suspended, revoked or lapsed.

(4) "Lapsed school bus driver's authorization" means the driver does not have a valid driver's license, current first-aid training, a current medical examiner's certificate (including any required intrastate medical waiver) or current in-service training. A school bus driver shall not operate a school bus with passengers on board until they meet all requirements. There is no requirement for a lapse in authorization to be reported to the superintendent of public instruction.

(5) "Suspended school bus driver's authorization" means the superintendent has suspended the school bus driver's authorization for a specific period of time. The superintendent will not remove the driver from the agency's list of authorized drivers. This action does not prevent the local education agency from taking independent actions to terminate the employment of the driver. In that case, the local education agency would remove the driver from the list of their authorized drivers.

(6) "Revoked school bus driver's authorization" means the superintendent has determined the school bus driver no longer meets the minimum requirements of this chapter and the driver's name is removed from the list of authorized drivers at the employing local education agency. The driver will not be eligible to be an authorized school bus driver at any local education agency until the disqualifying conditions are no longer present. In those rare situations where the disqualifying conditions are particularly grievous including, but not limited to, crimes against children and falsification of records, the revocation may be permanent.

(7) "Authorized school bus driver instructor" means an individual authorized by the superintendent to verify the training of school bus drivers.

(8) "School bus driver training course" means a course established by the superintendent and taught or overseen by an authorized school bus driver instructor. This course shall be successfully completed by all applicants for a school bus driver's authorization.

(9) "School bus driver annual in-service training" means annual training taught by an authorized school bus driver instructor. The content and minimum time requirements of such training shall be annually determined by the superintendent and shall be completed no earlier than August 1st and no later than October 31st by all authorized school bus drivers. A school bus driver's authorization is lapsed effective the first day of November of any school year if the school bus driver did not attend the in-service training class.

(10) "School bus driver instructor's course" means a training program established by the superintendent to qualify a person as a school bus driver instructor.

(11) "School bus driver instructor's annual in-service training" means annual required training, the content of which shall be determined by the superintendent. Successful completion of this course prevents the instructor's authorization from lapsing.

(12) "Professional misconduct" means a documented instance of an authorized school bus driver failing to comply with the provisions of this chapter, the provisions of chapter 392-145 WAC, or the provisions of chapter 46.25 RCW while authorized to operate a school bus and chapter 46.61 RCW while operating a school bus.

(13) "Certified medical examiner" means an individual certified by the federal Motor Carrier Safety Administration and listed on the National Registry of Certified Medical Examiners.

(14) "Medical examiner's certificate" means a written verification of passing a medical examination in accordance with the standards established in 49 C.F.R. 391.41 through 391.49, of the Federal Motor Carrier Safety Regulations.

(15) "Local education agency" means a common school district, educational service district, charter school established under chapter 28A.710 RCW, or state-tribal education compact school approved and executed under chapter 28A.715 RCW.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-020, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-020, filed 4/9/14, effective 9/1/14
WSR 08-19-017, § 392-144-020, filed 9/5/08, effective 10/6/08
WSR 08-07-054, § 392-144-020, filed 3/14/08, effective 4/14/08. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-020, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-009, filed 9/20/05, effective 10/21/05
WSR 04-08-055, § 180-20-009, filed 4/2/04, effective 5/3/04
WSR 02-18-055, § 180-20-009, filed 8/28/02, effective 9/28/02.

Wash. Admin. Code § 392-144-030 Training and qualifications of school bus driver instructors—Administration.

(1) Superintendent's duties.

(a) The superintendent shall determine the qualifications necessary for applicants for the school bus driver instructor course and qualifications necessary for continuation of the school bus driver instructor authorization.

(b) Each school bus driver instructor shall verify annually that they continue to meet the superintendent's qualifications determined under this section.

(c) In the case of denial of authorization or disqualification, the superintendent shall provide an appeal process consistent with the provisions of this chapter.

(2) Lapsing of school bus driver instructor's authorization.

(a) A school bus driver instructor's authorization shall lapse effective the first day of September of any school year, unless the driver instructor has successfully completed the school bus driver instructor's in-service training for that school year.

(b) A school bus driver instructor is not required to notify the superintendent when the instructor's authorization is lapsed.

(c) A school bus driver instructor with a lapsed authorization cannot verify the successful completion of the school bus driver training course or the school bus driver in-service training.

(d) Reinstatement of the school bus driver instructor's authorization that has lapsed for failure to complete the annual in-service training occurs automatically upon completion of the required training, provided the authorization has not expired.

(3) Expiration of school bus driver instructor's authorization.

(a) A school bus driver instructor's authorization shall expire effective the first day of September of the second school year without successful completion of the school bus driver instructor's annual in-service training.

(b) Reinstatement of a school bus driver instructor's authorization that has expired requires another successful completion of the school bus driver instructor training course.

(c) A school bus driver instructor with an expired authorization cannot verify the successful completion of the school bus driver training course or the school bus driver in-service training.

(4) Falsification. Intentional falsification of school bus driver training records shall result in permanent revocation of the school bus driver instructor authorization.

(5) Training records. School bus driver training records include, but are not limited to:

(a) Initial school bus driver training records;

(b) School bus driver annual in-service training records;

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-030, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-030, filed 4/9/14, effective 9/1/14. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-030, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-021, filed 9/20/05, effective 10/21/05
WSR 04-08-055, § 180-20-021, filed 4/2/04, effective 5/3/04.

Wash. Admin. Code § 392-144-040 Application to contractors.

(1) Contract requirements. Every contract between a local education agency and a contractor for student transportation services shall provide for compliance with the requirements of this chapter and establish the responsibility of the contractor or local education agency, or both, to assure compliance with such requirements.

(2) Applicability of requirements. Each driver employed by a contractor to provide student transportation services shall meet the requirements of this chapter, and shall be subject to the denial, suspension, lapse, and revocation of their school bus driver authorization and the authority to operate a motor vehicle under this chapter.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-040, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-040, filed 4/9/14, effective 9/1/14. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, recodified as § 392-144-040, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 02-18-055, § 180-20-031, filed 8/28/02, effective 9/28/02
WSR 93-08-007, § 180-20-031, filed 3/24/93, effective 4/24/93.

Wash. Admin. Code § 392-144-045 Use of charter bus companies.

Every contract between a local education agency and a charter bus carrier or excursion carrier, or subcontracted carrier shall require a carrier profile report indicating a satisfactory rating from the Washington utilities and transportation commission before any service is provided. Supervision of children on trips under this subsection shall be designated to a specific employee of the local education agency who shall ensure that the driver shall have not have unsupervised access to students during the trip.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-045, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-045, filed 4/9/14, effective 9/1/14.

Wash. Admin. Code § 392-144-101 Initial requirements for school bus drivers.

Every authorized school bus driver must meet the following initial requirements:

(1) Have at least five years of experience as a licensed driver of a passenger vehicle.

(2) Submit to a criminal record check according to chapter 28A.400 RCW which shows that no offenses have been committed which would be grounds for disqualification of an authorization as listed in WAC 392-144-103.

(3) Satisfactorily complete a school bus driver training course administered by an authorized school bus driver instructor.

(4) Meet all applicable continuing school bus driver requirements in WAC 392-144-102.

History

Statutory Authority: RCW 28A.160.210. WSR 14-09-031, § 392-144-101, filed 4/9/14, effective 9/1/14. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-101, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-101, filed 9/20/05, effective 10/21/05
WSR 05-08-014, § 180-20-101, filed 3/28/05, effective 4/28/05
WSR 04-08-055, § 180-20-101, filed 4/2/04, effective 5/3/04
WSR 02-18-055, § 180-20-101, filed 8/28/02, effective 9/28/02
WSR 99-08-004, § 180-20-101, filed 3/25/99, effective 4/25/99
WSR 96-20-042, § 180-20-101, filed 9/24/96, effective 10/25/96
WSR 93-08-007, § 180-20-101, filed 3/24/93, effective 4/24/93.

Wash. Admin. Code § 392-144-102 Continuing requirements for authorized school bus drivers.

Every authorized school bus driver must continue to meet the following requirements:

(1) Valid driver's license. Have a valid driver's license or commercial driver's license, as required by law, issued by the state department of licensing.

(2) In-service training course. Satisfactorily complete the annual school bus driver in-service training course.

(a) A school bus driver's authorization shall lapse effective the first day of November if the driver has not completed the in-service training course for the current school year. A lapsed authorization can be reinstated when in-service has been completed for that school year, provided the authorization has not expired.

(b) A school bus driver's authorization shall expire effective the first day of November of the second school year without successful completion of the school bus driver's in-service training for the past and current school year. Reinstatement of a school bus driver's authorization that has expired requires another successful completion of the "School bus driver training course."

(c) A school bus driver with a lapsed or expired authorization cannot transport students in a school bus or other local education agency vehicle for purposes defined in WAC 392-144-020(3).

(3) First-aid training. Maintain current and valid training in a first-aid course accepted by the local education agency.

(4) Disclosure of legal actions. Submit annually to the local education agency a disclosure of all crimes against children or other persons and all civil adjudications in a dependency action or in a domestic relation action and all disciplinary board final decisions of sexual abuse or exploitation or physical abuse as required by RCW 43.43.834(2) and disclosure of all convictions which may be grounds for denial, suspension, or revocation of authorization under WAC 392-144-103.

(5) Physical requirements. Every authorized school bus driver must continue to meet the following physical requirements:

(a) Is physically able to maneuver and control a school bus under all driving conditions; and

(b) Is physically able to use all controls and equipment found on state minimum specified school buses; and

(d) Has sufficient strength and agility to move about in a school bus as required to provide assistance to students in evacuating the bus. The driver must be able to move from a seated position in a sixty-five passenger school bus, or the largest school bus the driver will be operating, to the emergency door, open the emergency door, and exit the bus through the emergency door, all within twenty-five seconds. A local education agency may develop and implement an alternative assessment of physical strength and agility. The alternate assessment must be submitted by the local education agency superintendent for review and approval by the superintendent; and

(e) Provide a copy of a current and valid medical examiner's certificate to their employer.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-102, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-102, filed 4/9/14, effective 9/1/14
WSR 08-19-017, § 392-144-102, filed 9/5/08, effective 10/6/08. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-102, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-102, filed 9/20/05, effective 10/21/05.

Wash. Admin. Code § 392-144-103 Disqualifying conditions for authorized school bus drivers.

A school bus driver's authorization will be denied, suspended, or revoked as a result of the following conditions:

(1) Misrepresenting or concealing material facts. Misrepresenting or concealing a material fact in obtaining or maintaining a school bus driver's authorization or in reinstatement thereof in the previous five years.

(2) Moving violations. Having a driving license privilege suspended or revoked as a result of a moving violation as defined in WAC 308-104-160 within the preceding five years or having had their commercial driver's license disqualified, suspended, or revoked within the preceding five years; a certified copy of the disqualification, suspension, or revocation order issued by the department of licensing being conclusive evidence of the disqualification, suspension, or revocation.

(3) Conviction of motor vehicle violations. Having been convicted of any of the following motor vehicle violations within the last five years:

(a) Three or more speeding tickets, including driving too fast for conditions;

(b) Hit and run driving;

(d) Vehicular homicide;

(e) Driving while intoxicated;

(f) Being in physical control of motor vehicle while intoxicated;

(g) Negligent driving in the first degree;

(h) Reckless driving;

(i) Any motor vehicle violation agreed to during a court proceeding as a result of an alcohol related driving infraction.

(4) Transporting students with a suspended, surrendered, or revoked school bus driver's authorization. Having intentionally and knowingly transported public school students within the state of Washington within the previous five years with a lapsed, suspended, surrendered, or revoked school bus driver's authorization in a position for which authorization is required under this chapter.

(5) Transporting students with a disqualified, suspended, surrendered, or revoked driver's license. Having intentionally and knowingly transported public school students within the state of Washington within the previous five years with a suspended or revoked driver's license or a suspended, invalid, disqualified, or revoked commercial driver's license.

(6) Drug or alcohol test. Having refused to take a drug or alcohol test or tested positive for drugs or alcohol in accordance with the provisions of 49 C.F.R. 382 within the preceding five years. Notification from the local education agency or the medical review officer will be considered evidence of a refusal or positive test as defined in RCW 46.25.010.

(7) Conviction of controlled substance or prescription drugs. Having been convicted of any crime within the last ten years involving the use, sale, possession, or transportation of any controlled substance or prescription drug;

(8) Conviction of certain felony crimes. Having been convicted of felony crimes (including instances in which a plea of guilty or nolo contendere is the basis for the conviction) or being under a deferred prosecution under chapter 10.05 RCW involving:

(a) The physical neglect of a child under chapter 9A.42 RCW;

(b) The physical injury or death of a child under chapter 9A.32 or 9A.36 RCW, excepting motor vehicle violations under chapter 46.61 RCW;

(d) Sexual offenses where a child is the victim under chapter 9A.44 RCW;

(e) The promotion of prostitution of a child under chapter 9A.88 RCW;

(f) The sale or purchase of a child under RCW 9A.64.030;

(g) Provided, That the general classes of felony crimes referenced within this subsection shall include equivalent federal crimes and crimes committed in other states;

(h) Provided further, That for the purpose of this subsection "child" means a minor as defined by the applicable state or federal law;

(i) Provided further, That for the purpose of this subsection "conviction" shall include a guilty plea.

(9) Crimes that impair the worthiness and ability to serve as an authorized school bus driver. Having been convicted of any crime within the last ten years, including motor vehicle violations, which would materially and substantially impair the individual's worthiness and ability to serve as an authorized school bus driver. In determining whether a particular conviction would materially and substantially impair the individual's worthiness and ability to serve as an authorized school bus driver, the following and any other relevant considerations shall be weighed:

(a) Age and maturity at the time the criminal act was committed;

(b) The degree of culpability required for conviction of the crime and any mitigating factors, including motive for commission of the crime;

(d) Criminal history and the likelihood that criminal conduct will be repeated;

(e) The permissibility of service as an authorized school bus driver within the terms of any parole or probation;

(f) Proximity or remoteness in time of the criminal conviction;

(g) Any evidence offered which would support good moral character and personal fitness;

(h) If this subsection is applied to a person currently authorized as a school bus driver in a suspension or revocation action, the effect on the school bus driving profession, including any chilling effect, shall be weighed; and

(i) In order to establish good moral character and personal fitness despite the criminal conviction, the applicant or authorized school bus driver has the duty to provide available evidence relative to the above considerations. The superintendent has the right to gather and present additional evidence which may corroborate or negate that provided by the applicant or authorized school bus driver.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-103, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-103, filed 4/9/14, effective 9/1/14
WSR 08-19-017, § 392-144-103, filed 9/5/08, effective 10/6/08. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-103, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 06-01-039, § 180-20-103, filed 12/15/05, effective 1/15/06
WSR 05-19-107, § 180-20-103, filed 9/20/05, effective 10/21/05.

Wash. Admin. Code § 392-144-110 Temporary authorizations—Requirements and issuing procedures.

(1) Requirements for temporary authorization. A temporary school bus driver authorization may be issued by the superintendent upon application by an authorized representative of the employing local education agency when the following has been provided:

(a) Verification of successful completion of the school bus driver training course.

(b) Verification that it has on file a copy of a current and valid medical examiner's certificate.

(d) Verification that it has on file a disclosure statement in compliance with preemployment inquiry regulations in WAC 162-12-140, signed by the applicant, specifying all convictions which relate to fitness to perform the job of a school bus driver under WAC 392-144-103 and all crimes against children or other persons, that meets the requirements of RCW 43.43.834(2).

(e) Verification that it has requested a criminal record check as required under chapter 28A.400 RCW and the date of such request.

(f) Verification that the applicant complies with all of the requirements for authorized school bus drivers set forth in this chapter except for first-aid training in a first-aid course and/or the results of a criminal record check.

(2) Notice of authorization. Upon approval of the temporary authorization, notice will be provided to the employing local education agency.

(3) Validity. The temporary authorization shall be valid for a period of sixty calendar days. The temporary authorization may be renewed by approval of the superintendent when the results of the criminal background check have not been received.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-110, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-110, filed 4/9/14, effective 9/1/14
WSR 08-19-017, § 392-144-110, filed 9/5/08, effective 10/6/08
WSR 07-13-067, § 392-144-110, filed 6/18/07, effective 7/19/07. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-110, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-111, filed 9/20/05, effective 10/21/05
WSR 04-08-055, § 180-20-111, filed 4/2/04, effective 5/3/04
WSR 02-18-055, § 180-20-111, filed 8/28/02, effective 9/28/02
WSR 99-08-004, § 180-20-111, filed 3/25/99, effective 4/25/99
WSR 96-20-042, § 180-20-111, filed 9/24/96, effective 10/25/96
WSR 93-08-007, § 180-20-111, filed 3/24/93, effective 4/24/93.

Wash. Admin. Code § 392-144-120 School bus driver authorization—Requirements and issuing procedures.

A school bus driver authorization may be issued by the superintendent upon application by an authorized representative of the employing local education agency subject to compliance with the following provisions:

(1) Requirements for authorization. The employing local education agency shall forward to the superintendent the following verifications relating to the applicant:

(a) Verification of successful completion of the school bus driver training course taught by an authorized school bus driver instructor.

(b) Verification that it has on file a copy of a current and valid medical examiner's certificate.

(c) Verification that it has on file an original, current employment driver's abstract, including departmental actions, of the applicant's employment and nonemployment driving record obtained from the department of licensing verifying compliance with all provisions of this chapter. For applicants that have an out-of-state license, the district is required to annually obtain a current driving record from the corresponding state. The issue date of this abstract must be within sixty calendar days prior to the date an application was submitted for temporary authorization. If no request for a temporary school bus authorization was submitted, the issue date must be within sixty calendar days prior to the date of application of the school bus driver authorization.

(d) Verification that the applicant has completed a current and valid first-aid training course.

(e) Verification that it has on file a disclosure statement in compliance with preemployment inquiry regulations in WAC 162-12-140, signed by the applicant, specifying all convictions which relate to fitness to perform the job of a school bus driver under WAC 392-144-103 and all crimes against children or other persons, that meets the requirements of RCW 43.43.834(2).

(f) Verification that it has on file the results of a criminal record check as required under chapter 28A.400 RCW and that such results establish that the applicant has not committed any offense which constitutes grounds for denying, suspending, or revoking an authorization under this chapter and the date of such request.

(g) Verification that the applicant complies with all of the requirements for authorized school bus drivers set forth in this chapter.

(2) Notice of authorization. Upon approval of an application, the superintendent shall issue a notice of school bus driver authorization to the employing local education agency.

(3) Issuance of subsequent authorizations. Subsequent authorizations for an individual driver with new or additional employing local education agency(ies) must be issued from the superintendent to such agency(ies) prior to the operation of any motor vehicle for the transportation of children.

(4) Authorization to drive for two local education agencies. If two local education agencies enter into an interlocal agreement for the services of a school bus driver, the school bus driver does not need to be authorized in the nonemploying local education agency. The school bus driver is required to have a valid school bus driver's authorization with the employing local education agency.

(5) List of authorized drivers. The superintendent will provide each local education agency with a list of their authorized school bus drivers and each authorized school bus driver's status.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-120, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-120, filed 4/9/14, effective 9/1/14
WSR 07-13-067, § 392-144-120, filed 6/18/07, effective 7/19/07. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-120, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-112, filed 9/20/05, effective 10/21/05.

Wash. Admin. Code § 392-144-130 Discipline—Grounds for denial, suspension, or revocation of authorization—Emergency suspension—Appeals—Adjudicative proceedings.

(1) Burden of proof. A request for an authorization may be denied or an authorization issued under this chapter may be suspended or revoked for failure to meet any of the minimum requirements set forth in WAC 392-144-101 and 392-144-102 or for disqualifying conditions set forth in WAC 392-144-103, established by a preponderance of the evidence.

(2) Grounds for denial, suspension, or revocation of authorization.

(a) A behavioral problem or professional misconduct, which endangers the educational welfare or personal safety of students, teachers, school bus drivers, or other colleagues is grounds for denial, suspension, or revocation whether or not the conduct constitutes a crime. The employing local education agency shall determine if the behavioral problem or professional misconduct is a condition precedent to denial, suspension, or revocation action.

(b) Upon a conviction, the judgment and sentence is conclusive evidence at the ensuing hearing of the guilt of the authorized driver or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based.

(3) Court-ordered treatment program.

(a) Any person in a court-ordered treatment program for alcohol or other drug misuse shall have his or her authorization suspended until treatment is satisfactorily completed and the completion is confirmed by a state-approved alcohol or drug treatment program at which time the authorization will be reinstated.

(b) In all cases of deferred prosecution under chapter 10.05 RCW, the authorization shall be suspended until the court confirms successful completion of the court approved treatment program at which time the authorization will be reinstated.

(4) Emergency suspension. If the superintendent finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, emergency suspension of an authorization may be ordered pending proceedings for revocation or other action. In such cases, the superintendent shall expedite all due process actions as quickly as possible.

(5) Appeals and adjudicative proceedings.

(a) Any person desiring to appeal a denial, suspension, or revocation of a school bus driver authorization may do so to the superintendent or designee in accordance with the adjudicative proceedings in RCW 34.05.413 through 34.05.494, and the administrative practices and procedures of the superintendent in chapter 392-101 WAC.

(b) The superintendent may assign the adjudicative proceeding to the office of administrative hearings and may delegate final decision-making authority to the administrative law judge conducting the hearing.

(c) The superintendent may appoint a person to review initial orders and to prepare and enter final agency orders in accordance with RCW 34.05.464.

(d) Any person who disagrees with the local education agency's determination of failure to meet any school bus driver authorization qualifications may request that the local education agency forward the pertinent records to the superintendent. After review or investigation, the superintendent shall grant, deny, suspend, or revoke the authorization.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-130, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-130, filed 4/9/14, effective 9/1/14
WSR 08-19-017, § 392-144-130, filed 9/5/08, effective 10/6/08. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-130, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-120, filed 9/20/05, effective 10/21/05
WSR 02-18-055, § 180-20-120, filed 8/28/02, effective 9/28/02
WSR 99-08-004, § 180-20-120, filed 3/25/99, effective 4/25/99
WSR 96-20-042, § 180-20-120, filed 9/24/96, effective 10/25/96
WSR 93-08-007, § 180-20-120, filed 3/24/93, effective 4/24/93.

Wash. Admin. Code § 392-144-135 School bus driver—Medical examiner's certificate requirements.

(1) Verification. School bus drivers must provide verification to their employer of passing a medical examination completed by a medical examiner at or prior to the current certificate expiration date.

(2) Exemptions or waivers. If the medical examiner determines the school bus driver does not meet the minimum federal medical standards for interstate commerce but qualifies for an interstate exemption, the school bus driver must comply with the Federal Motor Carrier Safety Administration's exemption program. If the medical examiner determines the school bus driver does not meet the minimum federal medical standards for intrastate commerce, but qualifies for an intrastate medical waiver, the school bus driver must comply with the department of licensing's requirements for an intrastate medical waiver as defined in WAC 480-30-226. School bus drivers must provide their employer a copy of their valid federal exemption or intrastate medical waiver certificate.

(3) Continued requirement. School bus drivers must continue to meet these medical requirements during the time between examinations.

(4) Medical examinations required by local education agencies.

(a) A local education agency may require more frequent examinations of any school bus driver.

(b) If a local education agency requires a school bus driver to be examined by a local agency selected physician, the local education agency must pay for the cost of such exam. If the driver objects to the local education agency's selected physician, a physician must be selected that is mutually acceptable.

(5) Individuals with diabetes. An individual who is a diabetic being treated with insulin may hold a school bus driver authorization if they meet the following requirements:

(a) Possess a medical examiner's certificate showing the driver is qualified and meets the medical requirements defined in WAC 392-144-020(14); or

(b) Possess a valid commercial driver license intrastate medical waiver certificate for diabetes from the Washington state department of licensing;

(c) Provide at a minimum of every twenty-four months to the authorizing local education agency(ies) or employer a completed, signed copy of Form SPI 1643 (Part A), Application Section, and a completed, signed copy of Form SPI 1643 (Part B), Physician Evaluation Section indicating the driver's medical condition allows them to safely operate a school bus while using insulin. The physician evaluation section must indicate that within the past three years, the driver has completed instruction including diabetes management and driving safety; the signs and symptoms of hypoglycemia and hyperglycemia, and what procedures must be followed if complications arise. Physician verification of participation in a diabetes education program covering these topics is required at least every three years in order to remain qualified for a school bus driver authorization;

(d) Provide at a minimum of every twelve months to the authorizing local education agency(ies) or employer a completed, signed copy of Form SPI 1643 (Part C), Vision Evaluation Section indicating the driver does not have any vision problems that might impair safe driving;

(e) Provide at a minimum of every six months to the authorizing local education agency(ies) or employer a completed, signed copy of Form SPI 1643 (Part D), HbA1c Report Section indicating values more than 5.9 and less than 9.6 (unless accompanied by the signed medical opinion that the event was incidental and not an indication of failure to control glucose levels);

(f) Self-monitor blood glucose using an FDA approved device and demonstrate conformance with requirements (more than 100 mg/dl and less than 300 mg/dl):

(i) Within one hour before driving vehicles transporting students; and

(ii) Approximately every four hours while on duty.

(g) Maintain a daily log of all glucose test results for the previous six-month period and provide copies to the authorizing local education agency(ies) or employer, and the medical examiner or physician upon request;

(h) Carry a source of readily absorbable/fast-acting glucose while on duty;

(i) Report immediately to their employer, any failure to comply with specific glucose level requirements as listed in (e) or (f) of this subsection, or loss of consciousness or control;

(j) Individuals who have had a loss of consciousness or loss of control (cognitive function) due to a diabetic event do not qualify for a school bus driver authorization for one year, provided there has not been a recurrent hypoglycemic reaction requiring assistance of another person within the previous five years;

(k) A school bus driver is no longer authorized to operate a school bus and must be immediately removed from driving duties for any of the following:

(i) Results of the most recent HbA1c test indicating values less than 6.0 or greater than 9.5 (unless accompanied by the signed medical opinion that the event was incidental and not an indication of failure to control glucose levels);

(ii) Results of self-monitoring indicate glucose levels less than 100 mg/dl or greater than 300 mg/dl, until self-monitoring indicates compliance with specifications;

(iii) Experiencing a loss of consciousness or control relating to diabetic condition;

(iv) Failing to maintain or falsifying the required records, including self-monitoring records and any section of Form SPI 1643.

(l) The authorizing local education agency or employer may request medical review of any or all signed, completed sections of Form SPI 1643 (Parts A-D), Washington state authorized school bus driver diabetes exemption program, and the driver's daily glucose test logs by a medical examiner or physician of their choice. The cost of this review shall be paid by the local education agency or employer.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-135, filed 8/1/19, effective 9/1/19.

Wash. Admin. Code § 392-144-140 School bus driver—Reporting.

(1) Written notification of criminal charges.

(a) Every person authorized under this chapter to operate a motor vehicle to transport children shall, within twenty calendar days, notify his or her employer in writing of the filing of any criminal charge involving conduct listed in WAC 392-144-103. The authorized driver shall also notify his or her employer of any disqualifying traffic convictions, or license suspension, disqualification, or revocation orders issued by the department of licensing.

(b) In cases where the employer is providing transportation services through a contract with the local education agency, the contractor shall immediately notify the local education agency's superintendent or designee.

(2) Content of notification. The notification in writing shall identify the name of the authorized driver, his or her driver's license number, the court in which the action is commenced, and the case number assigned to the action.

(3) Failure to notify. The failure of an authorized driver to comply with the provisions of this section is an act of professional misconduct and constitutes grounds for authorization suspension or revocation by the superintendent.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-140, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-140, filed 4/9/14, effective 9/1/14
WSR 08-19-017, § 392-144-140, filed 9/5/08, effective 10/6/08. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-140, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-135, filed 9/20/05, effective 10/21/05
WSR 02-18-055, § 180-20-135, filed 8/28/02, effective 9/28/02
WSR 93-08-007, § 180-20-135, filed 3/24/93, effective 4/24/93.

Wash. Admin. Code § 392-144-150 Local education agency—Reporting.

(1) Written notification of disqualifying conditions. Every local education agency employing authorized school bus drivers to transport children or contracting with a private firm who provides such authorized drivers as a part of a contract shall, within twenty calendar days, notify the superintendent in writing of knowledge it may have of any disqualifying conditions or the filing of any criminal charge involving the conduct listed in WAC 392-144-103 against any authorized school bus driver.

(2) Content of notification. The notification can be in writing or by email to the superintendent or its designee and shall identify the name of the authorized school bus driver, his or her driver's license number, the mailing address of the driver, the court in which the action is commenced, and the case number assigned to the action.

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-150, filed 8/1/19, effective 9/1/19
WSR 14-09-031, § 392-144-150, filed 4/9/14, effective 9/1/14
WSR 08-19-017, § 392-144-150, filed 9/5/08, effective 10/6/08. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-150, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-140, filed 9/20/05, effective 10/21/05
WSR 93-08-007, § 180-20-140, filed 3/24/93, effective 4/24/93.

Wash. Admin. Code § 392-144-160 Local education agency—Verification of driver's continuing compliance.

(1) Annual evaluation. Every local education agency shall annually evaluate each authorized school bus driver for continuing compliance with the provisions of this chapter. The results of this evaluation of all drivers shall be submitted to the superintendent or their designee no later than the last business day in October of each year.

(2) Verification. This annual evaluation shall certify that the district has verified the following:

(a) That each authorized school bus driver's medical examination certificate expiration date, first-aid expiration date, driver's license expiration date and most recent school bus driver in-service training date has been updated in compliance with procedures established by the superintendent;

(b) That each authorized school bus driver's abstract of driving record provided by the department of licensing has been reviewed and is in compliance with WAC 392-144-103;

(c) That each authorized school bus driver has made an updated disclosure in writing and signed and sworn under penalty of perjury which updates the disclosure required in WAC 392-144-102(4); and

(d) That each authorized school bus driver remains in compliance with the physical requirements of WAC 392-144-102(5).

History

Statutory Authority: RCW 28A.160.210. WSR 19-16-092, § 392-144-160, filed 8/1/19, effective 9/1/19
WSR 14-22-020, § 392-144-160, filed 10/27/14, effective 11/27/14
WSR 14-09-031, § 392-144-160, filed 4/9/14, effective 9/1/14
WSR 08-19-017, § 392-144-160, filed 9/5/08, effective 10/6/08
WSR 07-13-067, § 392-144-160, filed 6/18/07, effective 7/19/07. Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. WSR 06-15-010, amended and recodified as § 392-144-160, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. WSR 05-19-107, § 180-20-145, filed 9/20/05, effective 10/21/05
WSR 96-20-042, § 180-20-145, filed 9/24/96, effective 10/25/96
WSR 93-08-007, § 180-20-145, filed 3/24/93, effective 4/24/93.

Chapter 392-145 Transportation—Operation rules.

Wash. Admin. Code § 392-145-001 Authority and purpose.

The authority for this chapter is RCW 46.61.380 which authorizes the superintendent of public instruction to adopt and enforce regulations to cover the operation of all school buses transporting common school students. The purpose of this chapter is to establish the manner of operating all school buses owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. This chapter does not apply to the operation of buses by common carrier in the urban transportation of students (e.g., the transportation of students via a municipal transit system).

History

Statutory Authority: RCW 46.61.380. WSR 07-05-058, § 392-145-001, filed 2/20/07, effective 11/1/07
WSR 83-21-026 (Order 83-10), § 392-145-001, filed 10/10/83.

Wash. Admin. Code § 392-145-005 Definition of a "school bus."

The definition of "school bus" as the term is used in this chapter shall be as now or hereafter set forth in WAC 392-143-010.

History

Statutory Authority: RCW 46.61.380. WSR 07-05-058, § 392-145-005, filed 2/20/07, effective 11/1/07
WSR 84-20-082 (Order 84-40), § 392-145-005, filed 10/2/84
Order 7-75, § 392-145-005, filed 12/22/75.

Wash. Admin. Code § 392-145-011 School district requirements.

All school districts shall comply with the following requirements:

(1) The provisions of this chapter shall be incorporated by express reference into all school district contracts for the transportation of students in privately owned and operated school buses. Every school district, its officers and employees, and every person employed under contract or otherwise by a school district shall be subject to the provisions of this chapter.

(2) School district boards of directors shall adopt written policies or rules for passengers riding school buses not inconsistent with applicable state law and rules. A copy of these policies or rules shall be provided to each student who is scheduled to ride the school bus.

(3) Every school bus driver shall be provided a copy of and shall be thoroughly familiar with all state and local rules and regulations pertaining to the operation of a school bus.

(4) School bus drivers shall be provided a copy of and training in school district rules and regulations pertaining to bullying, harassment, and for reporting sexual misconduct allegations.

(5) On highways divided into separate roadways as provided in RCW 46.61.150 and highways with three or more marked traffic lanes, school districts shall design bus routes that serve each side of the highway so that students do not have to cross the highway, unless there is a traffic control signal as defined in RCW 46.04.600 or an adult crossing guard within three hundred feet of the bus stop to assist students while crossing such multiple-lane highways.

(6) No school bus stop shall be located on a curve or a hill where visibility is not at least five hundred feet. If it is impossible to secure a distance of at least five hundred feet of visibility for a school bus stop, the school authorities, and the traffic engineering department of the jurisdiction responsible for the roadway shall be advised and the stop shall be changed or proper signs installed.

History

Statutory Authority: RCW 46.61.380. WSR 18-16-121, § 392-145-011, filed 8/1/18, effective 9/1/18
WSR 07-05-058, § 392-145-011, filed 2/20/07, effective 11/1/07.

Wash. Admin. Code § 392-145-016 Rules for students riding school buses.

The policies or rules for students riding school buses shall include, but are not necessarily limited to, the following:

(1) Identification of the individual who has authority over the passengers;

(2) Student riding privileges;

(3) Loading and unloading procedures, including that if students must cross the roadway, they shall only cross in front and never behind the school bus;

(4) Seat assignment;

(5) Student conduct, including acceptable practices with respect to talking, moving around the school bus, use of windows, behavior at highway rail grade crossings, and other behavior;

(6) Unacceptable hazards that may cause injury to others, e.g., firearms, breakable containers, etc.;

(7) School bus cleanliness; and

(8) Emergency exit procedures.

History

Statutory Authority: RCW 46.61.380. WSR 07-05-058, § 392-145-016, filed 2/20/07, effective 11/1/07.

Wash. Admin. Code § 392-145-021 General operating requirements.

The following operating procedures are required to assure maximum passenger safety:

(1) No school bus shall be operated unless each passenger aboard has been provided with a safe seat of sufficient size to accommodate each passenger within the seat compartment. There shall be no auxiliary seating accommodations such as temporary or folding jump seats in any school bus. Students shall remain seated while the school bus is in motion.

(2) Passengers in school buses equipped with seat belts shall be required to wear them properly adjusted whenever the school bus is in motion.

(3) Heavy, sharp, bulky, and/or other articles which may be hazardous in the event of an accident or an emergency stop shall not be transported unsecured in the passenger area of any school bus. Specific attention is directed to items such as skis, ski poles, vaulting poles, large musical instruments, riser platforms, etc. In no case will items be secured in such a manner as to impede access to any exit. Items which shall not be transported within the passenger area of a school bus include all forms of animal life (except service animals), firearms, weapons, breakable containers, flammables, and all other articles which could adversely affect the safety of the school bus and passengers.

Teachers and all other school district staff members shall be annually notified that students shall not be requested to transport prohibited items between home and school on a school bus.

(4) When a teacher, coach, or other staff member is assigned to accompany students on a school bus, such person shall be responsible for the behavior of the students in his or her charge and shall ensure that passengers comply with state rules, and district policies and procedures for student transportation. However, the school bus driver shall have final authority and responsibility.

History

Statutory Authority: RCW 46.61.380. WSR 16-10-114, § 392-145-021, filed 5/4/16, effective 9/1/16
WSR 07-05-058, § 392-145-021, filed 2/20/07, effective 11/1/07.

Wash. Admin. Code § 392-145-031 General school bus driver requirements.

The following are school bus driver requirements:

(1) School bus drivers shall wear a properly adjusted seat belt whenever the school bus is in motion.

(2) School bus drivers shall immediately report any suspected malfunction or needed repair of the school bus in their charge.

(3) A school bus driver shall only allow individuals authorized under the provisions of chapter 392-144 WAC to operate the school bus with passengers on board. No person except the driver shall be allowed to sit in the driver's seat.

(4) Except in accordance with district policy no school bus driver shall leave the driver's seat without first securing the school bus by setting the parking brake, placing the transmission in the manufacturer's recommended position, shutting off the engine, and removing the key from the ignition switch. The keys shall be kept in the driver's or other authorized school official's possession.

(5) All school bus drivers shall meet the qualifications established in chapter 392-144 WAC prior to transporting students.

(6) Except in accordance with district policy, a school bus driver shall not use a personal electronic device for personal communications while operating a school bus, except for the use of such devices to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property, as permitted under RCW 46.61.667. For the purpose of this section, operating a school bus is defined as when the school bus engine is running.

(7) Except in accordance with district policy, a school bus driver shall not distribute anything edible to students riding the bus.

History

Statutory Authority: RCW 46.61.380. WSR 16-10-114, § 392-145-031, filed 5/4/16, effective 9/1/16
WSR 07-05-058, § 392-145-031, filed 2/20/07, effective 11/1/07.

Wash. Admin. Code § 392-145-041 Pretrip and posttrip requirements.

The following are requirements to assure safety and security of the school bus during operation:

(1) Motor fuel shall not be put into the tank while the engine is running or while passengers are on the school bus. School bus drivers, prior to commencement of any trip, shall assure that the school bus has sufficient fuel to prevent the school bus from running out of fuel.

(2) School bus drivers, prior to commencement of any trip, shall assure that the mirrors, windshield and rear window(s) of the school bus are clean.

(3) Prior to commencement of and during any trip, with passengers aboard, every school bus driver shall ensure there are no articles in the following areas that could impede normal movement, visibility, or emergency egress: The service entrance step well; the entire main aisle from front to rear; the aisles or passage ways to any emergency door; the entire shelf area between the rearmost passenger seats and the rear emergency window (if so equipped).

(4) Tools and other miscellaneous articles shall be carried in appropriate compartments. They shall not be carried loose upon the floor or dashboard area of the school bus.

(5) School bus drivers shall be certain that all brakes, lights, stop signs, warning signal lamps, and other safety devices are working properly before starting on any trip and shall assure that the school bus is equipped with a fully stocked first-aid kit, three reflective triangles, a body fluid clean-up kit and a fire extinguisher certified to be in good working order.

(6) School bus drivers shall check the latch, safety lock, and warning system for all emergency exits prior to each trip and no school bus shall be operated with passengers aboard unless all the emergency exits are functioning properly.

(7) At the end of each trip or route segment, the school bus driver shall thoroughly check the school bus to ensure that no students are left on the school bus. Additionally, the school bus driver shall take reasonable action to ensure that any articles left behind by students are safe, secure, and dealt with according to district policy.

History

Statutory Authority: RCW 46.61.380. WSR 16-10-114, § 392-145-041, filed 5/4/16, effective 9/1/16
WSR 07-05-058, § 392-145-041, filed 2/20/07, effective 11/1/07.

Wash. Admin. Code § 392-145-050 Driving requirements.

In addition to the following school bus operating requirements, school bus drivers shall observe all driving regulations set forth in the laws of the state of Washington relating to the operation of motor vehicles (chapter 46.61 RCW, Rules of the road).

(1) School bus drivers shall not manually change gears while proceeding downhill. Necessary gear changes shall be made before starting down a hill.

(2) No school bus driver shall disengage the clutch or place the transmission into neutral and allow the school bus to coast.

(3) Backing a school bus is prohibited unless an adult flagman assists or an emergency exists. Any deviation from this regulation shall require prior approval by an authorized school district administrator. In all cases, the school bus driver will minimize the extent of such backing. In the event of an emergency, backing of a school bus shall be permitted only when there is no danger to pedestrians or passengers.

(4) School bus drivers shall yield the right of way to emergency vehicles.

(5) The speed of a school bus shall not be allowed to exceed the legal truck speed or any other applicable posted speed limit.

(6) When it is necessary to overtake and pass a slow moving vehicle, school bus drivers shall take reasonable action to assure that no third vehicle is drawing near. There shall be a visual road clearance of at least eight hundred feet on the road surface.

(7) All school buses shall slow down to ten miles an hour or less before making a ninety degree right or left turn.

(8) All school buses shall be operated with the headlights on when carrying passengers or traveling on a public roadway.

(9) All school buses shall be operated with the doors closed when carrying passengers or traveling on a public roadway.

History

Statutory Authority: RCW 46.61.380. WSR 07-05-058, § 392-145-050, filed 2/20/07, effective 11/1/07.

Wash. Admin. Code § 392-145-060 Loading and unloading procedures.

The following procedures are required to assure maximum student safety:

(1) A school bus driver shall not order or allow a student to depart the school bus other than at his or her regular stop unless permission is first obtained in accordance with district policy.

(2) School bus drivers shall pick up only the students and persons designated by an authorized school district administrator.

(3) School bus drivers shall have the primary responsibility for the safety of passengers while they are boarding the school bus, while they are on the school bus, and while they are disembarking the school bus and crossing the roadway. If passengers must cross the road, the driver shall make every reasonable effort to ensure that they cross safely and that they pass in front of the school bus and never behind the school bus. The driver shall likewise ensure that passengers boarding or disembarking from the school bus are within his/her view at all times.

(4) Prior to stopping the school bus on the roadway for the purpose of loading or unloading passengers, school bus drivers shall activate the alternating flashing amber lamps by means of a master sequencing switch. The driver shall activate the alternating flashing amber lamps:

(a) No less than one hundred feet and no more than three hundred feet from the school bus stop where the posted speed limit is thirty-five miles per hour or less; and

(b) No less than three hundred feet and no more than five hundred feet from the school bus stop where the posted speed limit is more than thirty-five miles per hour.

(5) No school bus shall pull over to the left-hand side of the road to load or unload passengers.

(6) The stop sign and alternately flashing red lamps shall be activated whenever a school bus is stopped on any portion of a traveled roadway to load or unload school children. Simultaneously flashing amber hazard lamps shall be activated whenever a school bus is stopped off the roadway to load or unload school children.

(7) Whenever school children have to cross the roadway, the school bus shall stop on the roadway and display the stop sign and alternately flashing red lamps. A school bus driver shall not allow school children to cross any roadway having three or more marked traffic lanes or any highway divided into separate roadways as provided in RCW 46.61.150.

(8) The stop sign and alternately flashing red lamps on a school bus shall not be used while the school bus is moving or to indicate that the school bus is going to stop.

(9) While loading and unloading passengers on a traveled portion of the roadway, the school bus driver shall activate the alternating flashing red lights by means of a sequencing switch prior to opening the passenger load door.

(10) The school bus driver shall set the brake and place the transmission in neutral or park prior to loading or unloading passengers. When it is possible, the school bus driver shall maintain light pressure on the service brake to activate the brake lamps when loading or unloading passengers.

(11) The school bus driver shall assure that all students are seated or secure prior to releasing the brake.

(12) In any case in which a school bus passes a stopped school bus which is loading and unloading students off the traveled portion of the roadway, the passing school bus shall reduce speed and proceed with caution.

History

Statutory Authority: RCW 46.61.380. WSR 18-16-121, § 392-145-060, filed 8/1/18, effective 9/1/18
WSR 16-10-114, § 392-145-060, filed 5/4/16, effective 9/1/16
WSR 07-05-058, § 392-145-060, filed 2/20/07, effective 11/1/07.

Wash. Admin. Code § 392-145-070 Rail grade crossings.

The following requirements apply to drivers of school buses during rail grade crossings:

(1) All school buses shall stop at all rail grade crossings except:

(a) Where traffic is controlled by a police officer or flagger;

(b) Where a functioning traffic control signal is transmitting a green light;

(d) Where the utilities and transportation commission has approved the installation of an "exempt" sign; or

(e) Where the crossing is abandoned and is marked with a sign indicating it is out-of-service.

(2) In order to lessen the potential for collisions, school bus drivers shall use simultaneously flashing amber hazard lamps within two hundred feet prior to stopping for a rail grade crossing.

(3) The school bus driver shall open the door and driver window to listen for approaching trains.

(4) Drivers shall take reasonable action to ensure that passengers are quiet and shall turn off all noise making devices such as fans and radios while listening for approaching trains.

(5) Drivers shall not proceed until the door is closed, visibility is clear, and the school bus can safely proceed across and completely clear the rail grade.

(6) Drivers shall not change gears of a school bus equipped with a manual transmission while the school bus is crossing a rail grade.

History

Statutory Authority: RCW 46.61.380. WSR 16-10-114, § 392-145-070, filed 5/4/16, effective 9/1/16
WSR 14-15-049, § 392-145-070, filed 7/11/14, effective 8/11/14
WSR 07-05-058, § 392-145-070, filed 2/20/07, effective 11/1/07.

Wash. Admin. Code § 392-145-080 Emergency exit drills and procedures.

The following requirements are designed to provide maximum passenger safety in emergency situations:

(1) All school districts shall prepare written policies or rules which establish procedures for school bus safety and emergency exit drills.

(2) One actual emergency evacuation drill shall be held within the first six weeks of school each semester. The first actual exit drill shall be followed by at least one verbal review of the emergency exit drill prior to the second actual exit drill. For schools on a trimester system, an actual emergency evacuation drill shall be held within the first six weeks of school of each trimester and no verbal review is required.

(3) Only those passengers whose participation in an exit drill poses substantial difficulty to themselves or to other passengers shall be excused and/or excluded from exit drill participation. Passengers who are excluded from such participation shall receive oral instruction in school bus safety and exit drills at least three times during the school year.

(4) Required exit drills shall be held upon school premises.

(5) The school bus driver shall:

(a) Assure that emergency exit drills make allowance for individual differences;

(b) Provide instructions on the location and use of emergency equipment;

(c) Provide instruction to helpers that they should offer a helping hand palm up and avoid grasping a student's hand or arm; and

(d) Time the exit drill to assure that procedures provide for an orderly and expedient exiting from the vehicle.

(6) At the start of each field trip or extracurricular trip, the school bus driver shall review with all passengers, the location and use of the emergency exits and emergency equipment, and any district emergency procedures.

(7) No school bus driver, except in accordance with emergency procedures adopted by the district, shall leave the immediate vicinity of his/her school bus while there are passengers aboard. In the event of a school bus breakdown, assistance shall be sought in accordance with school district policy.

(8) The emergency evacuation of a school bus shall only be conducted when staying on the school bus is more hazardous than exiting the school bus.

History

Statutory Authority: RCW 46.61.380. WSR 07-05-058, § 392-145-080, filed 2/20/07, effective 11/1/07.

Chapter 392-151 Traffic safety—School safety patrol.

Wash. Admin. Code § 392-151-003 Authority.

The authority for this chapter is RCW 46.61.385 which authorizes the appointment and operation of school patrols by any public or private school subject to the conditions, procedures, and considerations required by this chapter. RCW 28A.160.160(5) requires walking routes for elementary schools, and such supplemental conditions, procedures, and considerations as any such school may impose which are in the best interest of student safety.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-003, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-003, filed 7/10/91, effective 8/10/91.

Wash. Admin. Code § 392-151-005 Purpose.

The purpose of this chapter is to implement RCW 46.61.385 and provide for safe operation of school patrols.

History

Statutory Authority: RCW 46.61.385. WSR 91-15-016, § 392-151-005, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-005, filed 12/22/75.

Wash. Admin. Code § 392-151-010 Function of a school patrol.

The function of a school patrol is to assist and aid members of the student body in the safe and proper crossing of roadways adjacent to the school.

Student school patrol members assigned to work at a location with an adult school patrol member shall assist and act at the direction of such adult member of the patrol. A school patrol is to look for and utilize natural gaps in traffic as much as possible when allowing students to cross a roadway.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-010, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-010, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-010, filed 12/22/75. Formerly WAC 392-24-205.

Wash. Admin. Code § 392-151-015 Administration and support.

The superintendent or chief administrative officer of the school district shall be ultimately responsible for determining school patrol policy and operations. The principal of each school shall provide leadership in developing the school patrol. Daily operation of a school patrol may be delegated to a school employee or a safety committee.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-015, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-015, filed 7/10/91, effective 8/10/91
WSR 80-09-015 (Order 80-22), § 392-151-015, filed 7/9/80
Order 7-75, § 392-151-015, filed 12/22/75. Formerly WAC 392-24-210.

Wash. Admin. Code § 392-151-020 Liability.

Both a school district and its employees or agents are potentially liable for damages sustained by students or others as the result of negligence. Any school district operating a school patrol shall adopt policies and procedures to reduce the potential liability and ensure student safety, including:

(1) The supervision and control of the school patrols by a school employee.

(2) Limiting the selection of student patrol members to students who are preferably ages ten or older and who possess appropriate physical and mental abilities.

(3) Authorizing any parent to have his or her child excluded from service on the safety patrol.

(4) Requiring school boards to provide insurance for members of the school patrol and for all supervisory officials involved in the program.

(5) Setting forth specific physical and other criteria for selecting school patrol members and providing adequate training.

(6) Observing patrollers during inclement weather, hours of semidarkness and emergencies.

In addition, schools should periodically conduct a complete review of the entire school patrol program, including the following:

(a) The selection of supervisors.

(b) The training of both supervisors and patrol members.

(d) The equipment needed.

(e) Procedures for emergencies, inclement weather and hours of semidarkness.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-020, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-020, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-020, filed 12/22/75. Formerly WAC 392-24-215.

Wash. Admin. Code § 392-151-025 Route plans.

Suggested route plans shall be developed for each elementary school that has students who walk to and from school. It shall recommend school routes based on considerations of traffic patterns, existing traffic controls, and other crossing protection aids such as school patrols. These route plans shall limit the number of school crossings so that students move through the crossings in groups. The walking route plan shall be distributed to all students.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-025, filed 12/14/18, effective 1/14/19
WSR 96-22-057 (Order 96-17), § 392-151-025, filed 11/1/96, effective 12/2/96
Order 7-75, § 392-151-025, filed 12/22/75. Formerly WAC 392-24-220.

Wash. Admin. Code § 392-151-030 Controlled crossings.

(1) School patrol controlled crossings shall not be operated unless proper traffic control devices are in place as depicted in Washington state department of transportation, Sign Fabrication Manual and Manual on Uniform Traffic Control Devices, as now or hereafter amended. As a minimum, these shall consist of:

(a) School crossing warning signs S1-1 and S2-1.

(b) Marked crosswalks.

(2) Contact shall be made by school authorities with the governmental agency having jurisdiction over the street or highway in question in order to secure the necessary signs.

(3) Where conditions are such that a patrol member cannot be seen at least as far away as the safe stopping distance for the legal speed at the location, one of the following procedures shall be carried out:

(a) Select a safer location for the crossing at which the patrol is to serve.

(b) Cooperatively evaluate the condition with traffic authorities having jurisdiction for the purpose of developing possible alternative measures.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-030, filed 12/14/18, effective 1/14/19
WSR 96-22-057 (Order 96-17), § 392-151-030, filed 11/1/96, effective 12/2/96
Order 7-75, § 392-151-030, filed 12/22/75. Formerly WAC 392-24-240.

Wash. Admin. Code § 392-151-035 School crossing warning and speed limit signs.

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| Note: | The Washington state department of transportation defines when children are present as: 1. School children are occupying or walking within the marked crosswalk. 2. School children are occupying or waiting at the curb or on the shoulder of the roadway and are about to cross the roadway by way of the marked crosswalk. 3. School children are present or walking along the roadway, either on the adjacent sidewalk or, in the absence of sidewalks, on the shoulder within the posted school speed limit zone which extends three hundred feet in either direction from the marked crosswalk. | | --- | --- |

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History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-035, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-035, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-035, filed 12/22/75. Formerly WAC 392-24-245.

Wash. Admin. Code § 392-151-040 Organization, instruction, and supervision.

The school principal or a member of the staff appointed by the principal shall supervise the school patrol. Criteria for the selection of a school patrol supervisor shall include:

(1) Interest in safety.

(2) Ability to organize, lead and discipline.

(3) Ability to recognize individual differences.

(4) Dependability.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-040, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-040, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-040, filed 12/22/75. Formerly WAC 392-24-250 (part).

Wash. Admin. Code § 392-151-045 Duties of patrol supervisor.

Duties of a school patrol supervisor shall include:

(1) Being knowledgeable in all areas of the school patrol.

(2) Selection of school patrol members according to school policy.

(3) Instruction and training of all school patrol members and officers in their respective duties.

(4) Hold regular meetings of the school patrol for the purpose of instruction in safety practices and discussions concerning infractions of rules.

(5) Instruction in traffic rules and regulations shall be given to all children attending the school. Written rules and regulations shall be distributed to parents/guardians and students.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-045, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-045, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-045, filed 12/22/75. Formerly WAC 392-24-250 (part).

Wash. Admin. Code § 392-151-050 Selection, appointment and suspension of patrol members.

Student school patrol members shall be selected from the upper grade levels and preferably not below age ten. Qualities such as leadership and reliability shall be considered in the selection of any patrol member.

Written approval of a parent or guardian shall be secured in the case of student patrol members. Each prospective patrol member shall be given a vision and hearing examination. The parent(s) or guardian(s) of a student patrol member shall be notified in writing or via a personal interview of the student's suspension from duty as a school patrol member.

New members shall work with trained school patrol members for a long enough period to learn their duties.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-050, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-050, filed 7/10/91, effective 8/10/91
WSR 80-09-015 (Order 80-22), § 392-151-050, filed 7/9/80
Order 7-75, § 392-151-050, filed 12/22/75. Formerly WAC 392-24-255.

Wash. Admin. Code § 392-151-055 Utilization of adult patrol members.

Schools may appoint adults as members of a school patrol. The following criteria may be used to determine at which locations adult patrol members shall be stationed:

(1) When there is a lack of adequate gaps due to a high volume of traffic.

(2) When there is a restricted sight distance.

(3) When the location or distance from the school building is such that poor supervision of students would otherwise result.

(4) When there is a high volume of turning traffic over a crosswalk.

(5) When the location has been determined by either school or law enforcement authorities to be beyond the capability of a student to make rational decisions concerning safety.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-055, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-055, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-055, filed 12/22/75. Formerly WAC 392-24-225 and 392-24-230.

Wash. Admin. Code § 392-151-060 Good character references for adult patrol members.

Prior to any assignment, good character references and a Washington state patrol criminal history request shall be obtained on each adult candidate.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-060, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-060, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-060, filed 12/22/75. Formerly WAC 392-24-235.

Wash. Admin. Code § 392-151-070 Size of patrol and officers needed.

The number of members on a school patrol shall be determined by factors such as: Roadway conditions, number of intersections, volume of vehicular traffic, school enrollment, and number of arrival and school dismissal times.

Each school patrol may have a patrol captain and one or more lieutenants and sergeants. The captain shall be a patrol member who possesses qualities of leadership and shall be selected by the supervisor of the patrol on a trial basis or elected by the members subject to the supervisor's approval.

Some of the duties of the school safety patrol officers are:

(1) Assigning school patrol members to their posts.

(2) Supervising the operations of the school patrol.

(3) Keeping school patrol records.

(4) Being responsible for the procedure at each crossing.

(5) Making sure each school patrol member wears his or her equipment while on duty.

(6) Arranging for a substitute in case of absence of a regular school patrol member.

(7) Manning a post in case of an emergency.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-070, filed 12/14/18, effective 1/14/19
Order 7-75, § 392-151-070, filed 12/22/75. Formerly WAC 392-24-260.

Wash. Admin. Code § 392-151-075 Hours on duty.

Parents or guardians shall be informed of the amount of time students are scheduled to serve on patrols and how much class time may be missed due to patrol duty.

When a patrol member has been assigned to a particular crossing, the member shall be on duty at all times students are normally crossing roadways in going to and from school.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-075, filed 12/14/18, effective 1/14/19
Order 7-75, § 392-151-075, filed 12/22/75. Formerly WAC 392-24-265.

Wash. Admin. Code § 392-151-085 General duties of patrol members.

Each school patrol member shall adhere to the following duties and rules:

(1) Report to the crossing on time and remain during the prescribed period or until properly relieved.

(2) Perform duties as outlined.

(3) Wear standard uniform at all times while on duty.

(4) Attend strictly to the task and do not permit attention to be diverted while on duty.

(5) Direct students to cross during a safe gap in traffic. Do not direct vehicular traffic.

(6) Know the procedures to follow in case of an accident or emergency.

(7) Notify the designated person in advance of anticipated absence.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-085, filed 12/14/18, effective 1/14/19
Order 7-75, § 392-151-085, filed 12/22/75. Formerly WAC 392-24-280.

Wash. Admin. Code § 392-151-090 Standard uniforms.

The standard uniform for school patrol members shall include a badge, high-visibility reflective vest, flag that meets the American National Standards Institute (ANSI) and International Safety Equipment Association (ISEA) standards for high-visibility safety apparel and accessories and/or raincoat/poncho that is recommended by the Washington traffic safety commission for school patrol use. A helmet or hat may be used as part of the standard uniform.

For additional visibility during hours of darkness, reflective tape may be added to the uniform.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-090, filed 12/14/18, effective 1/14/19
WSR 80-09-015 (Order 80-22), § 392-151-090, filed 7/9/80
Order 7-75, § 392-151-090, filed 12/22/75. Formerly WAC 392-24-285.

Wash. Admin. Code § 392-151-105 Instruction of patrol members.

Each school patrol member shall be thoroughly trained in his or her duties before being permitted to take assigned posts. Instruction shall include the fundamentals of patrol operation - Where and how to stand when on duty, how to handle the patrol flag, and what constitutes a sufficient gap in vehicular traffic to permit safe crossing by students. Emphasis shall be placed on special hazards and the need for constant alertness.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-105, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-105, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-105, filed 12/22/75. Formerly WAC 392-24-300.

Wash. Admin. Code § 392-151-120 Basic crossing position and flag operation.

Each school patrol member shall stand back of the curb or roadway edge—not in the street—and remind students to wait behind the flag until there is an adequate gap in traffic. A safe distance from the roadway edge shall be one length of the flag staff. When the traffic gap occurs, a patrol member may step two paces into the street or far enough to see clearly beyond any obstruction but should not go beyond the edge of the obstruction. They will then extend the flag over the roadway. The flag shall be displayed in a forty-five degree position with the word "stop" level to the ground. When it is safe to cross, patrol members shall give a signal enabling students to cross in a group.

Students shall remain in back of the curb until allowed to cross. After the students have crossed, the patrol member shall lower the flag and return to basic position which is one length of the flag staff behind the curb.

History

Statutory Authority: RCW 46.61.385. WSR 91-15-016, § 392-151-120, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-120, filed 12/22/75. Formerly WAC 392-24-320.

Wash. Admin. Code § 392-151-135 Operation at an intersection with traffic signal.

At an intersection with a traffic signal, the light shall govern school patrol operation and the movement of students.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-135, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-135, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-135, filed 12/22/75. Formerly WAC 392-24-335.

Wash. Admin. Code § 392-151-140 Violation reports and emergencies.

Moving motor vehicle violations at school crossings shall be reported to the appropriate law enforcement agency. School patrol members shall report all incidents which occur on or near their crossings which appear to involve unsafe practices on the part of anyone. Such reports shall be made to the patrol supervisor.

If the incident involves a driver violation, the license number of the car shall be written down immediately. Reports shall be reviewed by the patrol supervisor and principal. When the principal feels that a particular violation has occurred which requires follow-up by the police department, a violation report shall be filled out.

In the event of an injury accident or emergency at their post, patrol members shall observe the following directions:

(1) If the accident was caused by a vehicle, obtain license number, time of violation, and whether male or female driver.

(2) Never leave the crossing. Dispatch messengers to the school office stating location, nature, and seriousness of accident.

(3) Keep all students back away from the curb.

(4) Obtain name and address of victim and witnesses.

(5) Make a report to the patrol supervisor.

History

Statutory Authority: RCW 46.61.385. WSR 19-01-058, § 392-151-140, filed 12/14/18, effective 1/14/19
WSR 91-15-016, § 392-151-140, filed 7/10/91, effective 8/10/91
Order 7-75, § 392-151-140, filed 12/22/75. Formerly WAC 392-24-340.

Chapter 392-153 Traffic safety—Driver education.

Wash. Admin. Code § 392-153-001 Authority and purpose.

RCW 28A.220.030 authorizes the superintendent of public instruction to adopt rules and regulations governing the operation of public and private school traffic safety education programs and to monitor the quality of the programs offered. This chapter specifies the requirements to obtain a traffic safety education endorsement or conditional certificate and the approval requirements for public and private school traffic safety education programs. The endorsement and conditional certificate requirements in this chapter are in addition to those specified in chapter 180-79A WAC.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-001, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-001, filed 7/18/01, effective 8/18/01.

Wash. Admin. Code § 392-153-010 Definitions.

(1) A "traffic safety education course" consists of two phases: Classroom instruction and laboratory experience. Laboratory experience is primarily characterized by student on-street driving, but includes simulator and multiple car driving range experience.

(2) A "satisfactory driving record" means an official record from the Washington state department of licensing and/or the corresponding licensing jurisdiction of the teacher's state of residence for the previous five-year period showing all departmental actions and:

(a) Not more than one moving traffic violation within the preceding twelve months or more than two moving traffic violations in the preceding twenty-four months;

(b) No alcohol related traffic violation, conviction or infraction, including any deferred prosecution program resulting from such violation;

(3) "School district" includes, for the purpose of this chapter, education service districts and private schools approved under chapter 180-90 WAC.

(4) A "completion certificate" is a document provided by the superintendent of public instruction that indicates successful completion of an approved school district traffic safety program and is used to verify such completion to the department of licensing.

(5) "Course work" means credits and/or a combination of credits and professional development approved by the superintendent of public instruction as traffic safety professional development.

(6) "Curriculum guide" means a locally written curriculum, available to and used by each teacher in the traffic safety education program.

(7) "Clock hour" of course work or instruction is defined as not less than sixty minutes of student instruction time.

(8) "Sequenced and integrated" means that the classroom treatment of driving concepts generally precedes the laboratory practice of those concepts and that classroom instruction and laboratory experience are concurrently scheduled.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-010, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-010, filed 7/18/01, effective 8/18/01. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-153-010, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 46.81.020. WSR 80-09-027 (Order 80-24), § 392-153-010, filed 7/9/80
Order 6-77, § 392-153-010, filed 7/27/77, effective 9/11/77
Order 13-76, § 392-153-010, filed 12/21/76
Order 7-75, § 392-153-010, filed 12/22/75. Formerly WAC 392-50-010.

Wash. Admin. Code § 392-153-014 Program approval.

School districts are required to apply annually to the superintendent of public instruction for approval of their traffic safety education program. Only approved programs are entitled to provide completion certificates to students. In order for a traffic safety education program to be approved, the school district must:

(1) Provide the name and contact information of the program administrator;

(2) Provide the names of all traffic safety education instructors; and

(3) Provide verification of compliance with the provisions of this chapter.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-014, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-014, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 28A.220.030. WSR 92-03-138 (Order 92-04), § 392-153-014, filed 1/22/92, effective 2/22/92.

Wash. Admin. Code § 392-153-020 Traffic safety education endorsement.

(1) If you are a teacher certificated under provisions of chapter 28A.410 RCW, you can qualify for a traffic safety endorsement or letter of authorization issued by the superintendent of public instruction to teach the classroom or laboratory phases if you meet the following requirements:

(a) Possess a valid Washington state driver's license (or a valid license issued by another state provided you are a legal resident of that state).

(b) Provide a current satisfactory driving record to the employing school district on an annual basis.

(d) Provide verification to the office of the superintendent of public instruction that the employing school district has determined that you comply with all of the requirements set forth in this chapter.

(2) If you were endorsed by the superintendent of public instruction to teach traffic safety education in the state of Washington prior to May 27, 1969, and you possess a conditional certificate but do not hold a valid teaching certificate under chapter 28A.410 RCW, you can continue to be qualified to teach both classroom and laboratory phase provided you continue to meet all conditional certificate requirements.

(3) The course work requirement to maintain a traffic safety education endorsement or letter of approval is forty clock hours every five years.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-020, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-020, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 46.20.100(2), 28A.220.020 (2), (3), (4), and 28A.220.030(1). WSR 96-24-044 (Order 96-18), § 392-153-020, filed 11/27/96, effective 12/28/96. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-153-020, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 46.81.020. WSR 80-09-027 (Order 80-24), § 392-153-020, filed 7/9/80
Order 5-77, § 392-153-020, filed 7/27/77, effective 9/11/77
Order 13-76, § 392-153-020, filed 12/21/76
Order 7-75, § 392-153-020, filed 12/22/75. Formerly WAC 392-50-030.

Wash. Admin. Code § 392-153-021 Conditional traffic safety education certificates—Behind the wheel or classroom.

(1) You may be issued a behind the wheel conditional certificate by the superintendent of public instruction to teach the laboratory phase, provided you meet the following requirements:

(a) Complete a behind the wheel conditional certificate course, consisting of at least sixty clock hours of instruction, approved by the superintendent of public instruction that includes supervised practice in instructing and demonstration of instructional competencies within two years prior to application. You must also pass practical and knowledge examinations administered by an agent approved by the office of the superintendent of public instruction.

(b) Possess a valid Washington state driver's license (or a valid license from another state provided you are a resident of that state).

(d) Have at least five years of licensed driving experience.

(e) Provide a current satisfactory driving record to the employing school district on an annual basis.

(f) Provide verification to the office of the superintendent of public instruction that the employing school district has determined that you comply with all of the requirements set forth in this chapter.

(g) To teach using a simulator or on a multiple car driving range, you must provide evidence of having completed an additional thirty hours of course work which includes supervised practice in instructing using the designated method.

(2) You may be issued a classroom conditional certificate by the superintendent of public instruction to teach the classroom phase, provided you meet the following requirements:

(a) Possess a valid Washington state driver's license (or a valid license from another state provided you are a resident of that state).

(b) Provide a current satisfactory driving record to the employing school district on an annual basis.

(d) Complete an eighty clock hour classroom instructor training course approved by the superintendent of public instruction.

(e) Provide verification to the office of the superintendent of public instruction that the employing school district has determined that you comply with all of the requirements set forth in this chapter.

(3) A behind the wheel or classroom conditional certificate is valid for two years or less. The superintendent of public instruction may reissue the conditional certificate if you provide verification that you continue to meet all requirements of this chapter, including having completed sixty hours of course work within the previous two years. However, for the purpose of reissue, the employing school district superintendent (or designee) may approve up to forty-eight of the sixty hours, including approving credit for professional development courses or traffic safety education related projects.

(4) Conditional certificates are subject to suspension and revocation under the provisions of 180-79A WAC.

History

Statutory Authority: Chapter 28A.220 RCW and RCW 46.20.100. WSR 09-03-086, § 392-153-021, filed 1/20/09, effective 2/20/09. Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-021, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-021, filed 7/18/01, effective 8/18/01.

Wash. Admin. Code § 392-153-025 Traffic safety education vehicles.

Every vehicle used in on-street traffic safety education instruction shall:

(1) Be equipped with a dual control brake, rear view mirror for the instructor, and seat belts for each occupant.

(2) Have a sign clearly readable from the rear at one hundred feet designating the vehicle is driven by a student driver.

(3) Be used exclusively for traffic safety education purposes while the course is in session, if the vehicle is on loan from an automobile dealer.

(4) Pass a safety inspection according to the requirements of WAC 392-143-070.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-025, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-025, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 46.20.100(2), 28A.220.020 (2), (3), (4), and 28A.220.030(1). WSR 96-24-044 (Order 96-18), § 392-153-025, filed 11/27/96, effective 12/28/96
Order 13-76, § 392-153-025, filed 12/21/76
Order 7-75, § 392-153-025, filed 12/22/75. Formerly WAC 392-50-040.

Wash. Admin. Code § 392-153-032 Curriculum guide and course requirements.

(1) Each school district curriculum guide shall include:

(a) The minimum concepts to be taught, which are: Introduction to highway transportation system; preparing and controlling the vehicle; maneuvering in limited space; signs, signals, and pavement markings; vehicle characteristics; human functions used in driving; roadway variations; intersections, which shall include highway-rail grade crossings; management of time and space; lane changes; passing; nonmotorized traffic; internal factors affecting driving performance, which shall include emotional and behavior issues; physical factors affecting driving performance, which shall include seatbelt usage and its benefits; alcohol and drugs; vehicle maintenance; planning for travel; limited visibility; reduced traction; special driving conditions; vehicle malfunctioning; avoiding and minimizing impact; post-crash responsibilities; legal responsibilities; highway transportation system improvement; fuel conservation; and motorcycle awareness; and driving safely among bicyclists and pedestrians using materials approved by the director of the department of licensing.

(b) The methods of instruction used by the teacher in presenting the material.

(d) The activities that will enable a student to accomplish the objectives (while allowing for individual differences) and the required level of competency for each objective.

(e) Information on the fifty hours of adult guided practice and the driving restrictions required by the intermediate driver license.

(f) A flow chart that indicates how the classroom and laboratory lessons are sequenced and integrated.

(g) Classroom and laboratory lesson plans, including driving routes for laboratory experience.

(2) Each traffic safety education course shall include comprehensive written and driving exams.

History

Statutory Authority: Chapter 28A.220 RCW and RCW 46.20.100. WSR 09-03-086, § 392-153-032, filed 1/20/09, effective 2/20/09. Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-032, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-032, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 46.20.100(2), 28A.220.020 (2), (3), (4), and 28A.220.030(1). WSR 96-24-044 (Order 96-18), § 392-153-032, filed 11/27/96, effective 12/28/96. Statutory Authority: RCW 28A.220.030. WSR 92-20-061 (Order 92-10), § 392-153-032, filed 10/2/92, effective 11/2/92
WSR 92-03-138 (Order 92-04), § 392-153-032, filed 1/22/92, effective 2/22/92. Statutory Authority: RCW 46.81.020. WSR 80-09-027 (Order 80-24), § 392-153-032, filed 7/9/80
Order 6-77, § 392-153-032, filed 7/27/77, effective 9/11/77.

Wash. Admin. Code § 392-153-033 Student requirements.

A student enrolled in a traffic safety education course must have a valid driver instruction permit issued before or within seven days after the start date of classroom instruction. A student shall meet the objectives and competencies listed in the curriculum guide prior to being issued a completion certificate.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-033, filed 3/30/06, effective 4/30/06.

Wash. Admin. Code § 392-153-035 Course scheduling requirements.

(1) Any portion of a traffic safety education course may be taught after regular school hours or on Saturdays, as well as on regular school days or as a summer school course.

(2) Students shall not have more than two hours of classroom and one hour laboratory instruction in any twenty-four hour period. Where simulation and/or off-street multiple car driving ranges are utilized, up to one additional hour per day is allowed.

(3) The minimum course of instruction is thirty hours of classroom instruction, six hours of driving experience and four hours of driving observation time. Break time shall not be included in clock hours. Four hours of simulation instruction may be substituted for up to one hour driving experience. Two hours of multiple car off-street driving range time may be substituted for up to one hour of driving experience.

History

Statutory Authority: Chapter 28A.220 RCW and RCW 46.20.100. WSR 07-09-051, § 392-153-035, filed 4/12/07, effective 9/1/07. Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-035, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-035, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 46.81.020. WSR 80-09-027 (Order 80-24), § 392-153-035, filed 7/9/80
Order 13-76, § 392-153-035, filed 12/21/76
Order 7-75, § 392-153-035, filed 12/22/75. Formerly WAC 392-50-060.

Wash. Admin. Code § 392-153-040 Administration.

Each school district offering an approved traffic safety education program shall:

(1) Appoint a person to be responsible for ensuring the program's continuing compliance with the requirements of this chapter.

(2) Adopt written policies including enrollment criteria, student fees, student fee refunds, failures, repeats, and access for part-time and home-based students.

(3) Maintain individual student records which include the student's progress, time of instruction and evaluation results.

Records shall also include attendance information and the starting and ending dates for each course conducted within the program.

(4) Ensure that any activity provided under a contract with a commercial driving school meets all the requirements of a public school program.

(5) Notify the superintendent of public instruction, in accordance with the provisions of chapter 180-79A WAC, of any instructor no longer meeting the requirements of WAC 392-153-010(2).

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-040, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. WSR 01-16-003, § 392-153-040, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 46.81.020. WSR 80-09-027 (Order 80-24), § 392-153-040, filed 7/9/80
Order 6-77, § 392-153-040, filed 7/27/77, effective 9/10/77
Order 13-76, § 392-153-040, filed 12/21/76
Order 7-75, § 392-153-040, filed 12/22/75. Formerly WAC 392-50-070.

Wash. Admin. Code § 392-153-050 Discipline—Grounds for denial, reprimand, suspension, or revocation of program approval.

A request for program approval may be denied or a program approval issued under this chapter may be suspended or revoked for failure to meet any of the minimum requirements set forth in this chapter.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-050, filed 3/30/06, effective 4/30/06.

Wash. Admin. Code § 392-153-060 Discipline—Emergency suspension.

If the superintendent of public instruction finds that public health, safety, or welfare of students, instructors, teachers, or the general public is threatened or compromised and requires an emergency action, and incorporates a finding to that effect in its order, emergency suspension of the program approval may be ordered pending proceedings for revocation or other action. In all cases in this section, the superintendent of public instruction shall expedite all due process actions.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-060, filed 3/30/06, effective 4/30/06.

Wash. Admin. Code § 392-153-070 Discipline—Appeals—Adjudicative proceedings.

Any school district may appeal a decision by the superintendent of public instruction to deny, suspend, or revoke a traffic safety education program approval, using the adjudicative proceedings in RCW 34.05.413 through 34.05.494 and the administrative practices and procedures in chapter 392-101 WAC.

History

Statutory Authority: RCW 28A.150.290. WSR 06-08-043, § 392-153-070, filed 3/30/06, effective 4/30/06.

Chapter 392-157 Child nutrition—Practices and procedures.

Wash. Admin. Code § 392-157-005 Authority.

The authority for this chapter is RCW 28A.235.100.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-005, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-010 Purposes.

The purposes of this chapter are to:

(1) Encourage school districts to participate in the National School Lunch and School Breakfast Programs.

(2) Provide policies and procedures for the budgeting and accounting for state appropriations for school breakfast and lunch programs in school districts.

(3) Provide policies and procedures regarding the administration of state appropriated grants to school districts to increase participation in school breakfast and lunch programs, to improve program quality, and to improve the equipment and facilities used in the programs.

(4) Provide policies and procedures regarding the administration of state appropriated grants to school districts and other eligible organizations to start summer food service programs and to help expand summer food services for children.

(5) Formalize procedures currently in place for the apportionment of state match money for the National School Lunch Program and the state reimbursement for free and reduced price breakfasts.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-010, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-015 Definition—Child nutrition program.

As used in this chapter, the term "child nutrition program" means activities designed to provide nutritious meals and nutrition education to children.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-015, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-020 Definition—National school lunch program.

As used in this chapter, the term "national school lunch program" has the meaning defined in Title 7 of the Code of Federal Regulations (7 C.F.R.) Part 210.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-020, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-025 Definition—School breakfast program.

As used in this chapter, the term "school breakfast program" has the meaning defined in 7 C.F.R. Part 220.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-025, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-030 Definition—Summer food service program.

As used in this chapter, the term "summer food service program" means a program meeting the federal requirements defined in 7 C.F.R. Part 225.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-030, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-035 Definition—School food authority.

As used in this chapter, the term "school food authority" has the meaning defined in 7 C.F.R. Part 210.2 for the national school lunch program, 7 C.F.R. Part 220.2 for the school breakfast program and 7 C.F.R. Part 225.2 for the summer food service program.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-035, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-040 Definition—Summer food service program sponsor.

As used in this chapter, the term "summer food service program sponsor" has the meaning defined in 7 C.F.R. Part 225.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-040, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-045 Definition—Lunch.

As used in this chapter, the term "lunch" has the meaning defined in 7 C.F.R. Part 210.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-045, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-050 Definition—Free lunch.

As used in this chapter, the term "free lunch" has the meaning defined in 7 C.F.R. Part 210.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-050, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-055 Definition—Reduced price lunch.

As used in this chapter, the term "reduced price lunch" has the meaning defined in 7 C.F.R. Part 210.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-055, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-060 Definition—Breakfast.

As used in this chapter, the term "breakfast" has the meaning defined in 7 C.F.R. Part 220.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-060, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-065 Definition—Free breakfast.

As used in this chapter, the term "free breakfast" has the meaning defined in 7 C.F.R. Part 220.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-065, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-070 Definition—Reduced price breakfast.

As used in this chapter, the term "reduced price breakfast" has the meaning defined in 7 C.F.R. Part 220.2.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-070, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-075 Definition—Severe need school.

As used in this chapter, the term "severe need school" has the meaning defined in 7 C.F.R. Part 220.2 and 7 C.F.R. Part 220.9(e).

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-075, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-080 Definition—Severe need breakfast reimbursement.

As used in the chapter, the term "severe need breakfast reimbursement" means an additional amount paid by the USDA for each breakfast served in qualifying school buildings identified as "severe need schools" in school districts, private schools and residential child care institutions participating in the school breakfast program.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-080, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-085 Definition—Accounting manual.

As used in this chapter, the term "accounting manual" means the most recently published accounting manual for public school districts in the state of Washington issued by the superintendent of public instruction and the state auditor.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-085, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-090 Definition—Object of expenditure.

As used in this chapter, the term "object of expenditure" shall be as defined in the accounting manual glossary of terms (i.e., "the article purchased or the services obtained").

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-090, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-095 Definition—Activity.

As used in this chapter, the term "activity" shall be as defined in the accounting manual glossary of terms (i.e., "a specific and distinguishable service performed by a school district in order to accomplish a function for which the school district is responsible").

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-095, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-100 Definition—Operating expenditure.

As used in this chapter, the term "operating expenditure" means the school district general fund direct expenditures and indirect expenditures allocated to Program 98 - Food Services as defined in the Accounting Manual for Public School Districts in the State of Washington.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-100, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-105 Meal requirements.

The following procedures shall be used by the superintendent of public instruction to apportion moneys appropriated by the legislature for school district meal reimbursements:

(1) National School Lunch Program state match reimbursements and adjustments to these reimbursements shall be apportioned by the superintendent of public instruction (SPI) in the same manner as provided in WAC 392-121-400.

(2) All other meal reimbursements shall be apportioned as follows:

(a) Allocations for each school year shall be based on a uniform statewide rate per meal.

(b) Allocations shall be made at a rate of ten percent per month for the months of September through June.

(3) Except as provided in subsection (2)(a) and (b) of this section allocations shall be made in the same manner as provided in WAC 392-121-400.

(4) During the month of January following the end of the school year, the reimbursements made to each school district during the preceding school year will be adjusted to the actual number of meals reported to the SPI child nutrition section during the preceding school year on Form F-398.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-105, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-110 Timely reporting.

Reimbursement claims for meals must be submitted in a timely manner in accordance with chapter 392-117 WAC and 7 C.F.R. Parts 210.8 and 220.11.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-110, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-115 Use of meal reimbursements.

Appropriations by the state legislature for school district meal reimbursements required as a state match in 7 C.F.R. Part 210.17 shall be used for any nonprofit school food service program purpose. Appropriations made under chapter 28A.235 RCW shall be used by school districts to support the operating expenditures of school lunch and school breakfast programs, including food, labor, supplies, and capital expenditures unless specific appropriations for nonoperating expenditures are provided.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-115, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-120 Program operation.

All school districts that do not offer a school lunch program are encouraged to implement such a program. All school districts are encouraged to provide a breakfast program in all severe need schools as they become eligible.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-120, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-125 Time for meals.

(1) School mealtime. School breakfast and school lunch periods must allow a reasonable amount of time for each child to take care of personal hygiene and enjoy a complete meal.

(2) Lunch duration for grades kindergarten through five. Beginning in the 2029-30 school year, schools must provide students in grades kindergarten through five the opportunity to eat lunch for a minimum of 20 minutes, once the students have received their food through the meal service line.

History

Statutory Authority: RCW 28A.235.100. WSR 25-10-005, s 392-157-125, filed 4/24/25, effective 5/25/25
WSR 94-04-097 (Order 94-02), § 392-157-125, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-130 General description.

Amounts appropriated by the state legislature for school districts to start up, improve and expand breakfast and lunch programs shall be awarded on a competitive basis. School districts, if eligible, shall first apply for any available USDA grants to start up, improve and expand breakfast and lunch programs prior to making application for state grants for these purposes. School districts, if eligible, shall also apply for the USDA severe need breakfast reimbursement prior to making applications for state grants to start up, improve, and expand breakfast and lunch programs. A state grant to start up, improve, and expand a school district breakfast or lunch program may be used for the following purposes which are listed in order of importance:

(1) Purchase food service equipment.

(2) Provide staff training.

(3) Disseminate program information to students, families and school staff to encourage program participation.

(4) Improve efficiency in the food service area.

(5) Improve sanitation in the food service area.

(6) Improve safety in the food service area.

State start up, improvement, and expansion grants shall not be used for the acquisition of land or existing buildings, improvement of grounds, construction of buildings, additions to buildings, or the remodeling of buildings to be consistent with 7 C.F.R. Part 210.14(a).

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-130, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-135 Application procedure.

In order to apply for a state grant, a school food authority must submit a written description of its proposed purchase or project. The description must include:

(1) Proposed purchase(s) or a description of the project.

(2) The cost of each item or each part of the project.

(3) How the item(s) purchased or how the results of the project will benefit the program.

(4) How the purchase(s) or the project will affect the breakfast and lunch programs, for example, increased participation, improved menus, and/or expenditure reductions.

(5) The number of students eligible for free or reduced price meals that would be affected.

(6) A timetable for the purchase and installation of equipment or a timetable for the project.

(7) An assurance that a USDA grant is not available or application has been made for a USDA grant for the proposed purchase(s) or project.

(8) An assurance that, if eligible, an application has been made for the severe need breakfast reimbursement from the USDA.

(9) An assurance that the program will be continued for at least three years after the grant is received.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-135, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-140 Evaluation of grant proposals.

A committee shall be established to apply the criteria for the evaluation of state grant proposals to start up, improve, and expand breakfast and lunch programs. A separate committee shall be established to apply the criteria for the evaluation of state grant proposals to improve and expand summer food service programs. Each committee's evaluations shall be forwarded to the superintendent of public instruction who will use the evaluations as grant award recommendations. Each committee shall consist of three or more representatives from selected organizations concerned with child nutrition such as the Washington School Food Service Association, the Washington School Directors' Association, the Washington Association of School Administrators, the Washington Association of School Principals, the Washington Association of School Business Officials and School Nurses of Washington. In addition, each committee shall include a representative from one or more child nutrition advocacy organizations, a representative from the office of the governor, and any other organization as the office of the superintendent of public instruction deems necessary. Members of the committee shall be selected by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-140, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-145 Grant proposal evaluation criteria.

Proposals from all school districts will be evaluated and ranked by a committee established pursuant to WAC 392-157-140 based on the following criteria which are listed in descending order of importance:

(1) A program will be made available where there was no program before.

(2) The projected total number of students that will be affected by the purchase or project while allocating the funds to the greatest number of districts practical.

(3) The effect of the purchase or the project on the participation of students eligible for free and reduced price meals.

(4) Time frame in which a new program will be started and/or how quickly the improvements can be made as the result of the purchase or project.

(5) The availability of other sources of money for the proposed purchases or project.

(6) Necessary assurances provided by the school district for the continuation of the program after the purchases are made or the project is completed.

(7) The projected effect of the purchase or project on program quality.

(8) The amount of grant money available.

(9) The geographic dispersion of the grantees.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-145, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-150 Grant budgets.

School districts as part of the grant application process shall budget expenditures by object of expenditure and activity as described in the accounting manual for public schools in the state of Washington on forms provided by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-150, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-155 Budget adjustments.

Budgeted expenditure adjustments may be made by increasing an approved activity-object expenditure amount by up to ten percent and decreasing others without filing a request for a budget revision with the superintendent of public instruction. These adjustments may be made only once for each grant and only if the increases, in total do not exceed ten percent of the total budgeted expenditures and do not increase total budgeted expenditures.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-155, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-160 General description.

Amounts appropriated by the state legislature for summer food service programs shall be awarded on a competitive basis. Summer food service program sponsors shall apply for any federal grants to start up and expand summer food service programs prior to making application for state grants for these purposes. A state start up and expansion grant may be used to:

(1) Provide staff time for summer food service program development including the planning, designing and implementation of a new program or the expansion of an existing program.

(2) Purchase food service equipment.

(3) Provide staff training.

(4) Disseminate program information to students, families, school staff, and the community to encourage program participation.

State start up and expansion grants shall not be used for the acquisition of land or existing buildings, improvement of grounds, construction of buildings, additions to buildings, or the remodeling of buildings to be consistent with 7 C.F.R. Part 210.14(a).

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-160, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-165 Application procedure.

In order to apply for a state grant, a summer food service sponsor must submit a written description of its proposed purchase or project. The description must include:

(1) Proposed purchase(s) or a description of the project.

(2) The cost of each item or each part of the project.

(3) How the item(s) purchased or how the results of the project will benefit the program.

(4) If appropriate, a description of how staff will be used to develop the program.

(5) Impact the sponsor expects the purchase(s) or project to have on the number of children participating in the summer food service program.

(6) A timetable for the purchase and installation of equipment or a timetable for the project.

(7) An assurance that a USDA grant is not available or application has been made for a USDA grant for the proposed purchases or project.

(8) An assurance that the program will be continued for at least three years after the grant is received.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-165, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-170 Proposal evaluation criteria.

The proposals from all sponsors and potential sponsors will be evaluated by a committee established pursuant to WAC 392-157-140 and ranked based on the following criteria which are listed in descending order of importance:

(1) A program will be made available where there was no program before.

(2) The increased participation that is projected because of the proposed purchase or project.

(3) Time frame in which a program will be started or expanded and/or how quickly the improvements can be made as the result of the purchase or project.

(4) The availability of other sources of money for the proposed purchase or project.

(5) Necessary assurances provided by the sponsor for the continuation of the program after the purchases are made or the project is completed.

(6) The amount of grant money available.

(7) The geographic dispersion of the grantees.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-170, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-175 Grant budgets.

School districts as part of the grant application process shall budget expenditures by object of expenditure and activity as described in the Accounting Manual for Public Schools in the State of Washington. All summer food service program sponsors shall submit a budget on forms provided by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-175, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-157-180 Budget adjustments.

Budgeted expenditure adjustments may be made by increasing an approved activity-object expenditure amount for school districts and a budgeted line item for all other summer food service program sponsors by up to ten percent and decreasing others without filing a request for a budget revision with the superintendent of public instruction. These adjustments may be made only once for each grant and only if the increases, in total do not exceed ten percent of the total budgeted expenditures and do not increase total budgeted expenditures.

History

Statutory Authority: RCW 28A.235.100. WSR 94-04-097 (Order 94-02), § 392-157-180, filed 2/1/94, effective 3/4/94.

Chapter 392-160 Special service program—Transitional bilingual.

Wash. Admin. Code § 392-160-003 Authority.

The authority for this chapter is RCW 28A.180.060 which authorizes the superintendent of public instruction to promulgate rules for the implementation of a transitional bilingual instructional program.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-160-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-003, filed 6/13/84.

Wash. Admin. Code § 392-160-004 Purpose.

The purpose of this chapter is to set forth policies and procedures for the implementation of a transitional bilingual instructional program.

History

Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-004, filed 6/13/84.

Wash. Admin. Code § 392-160-005 Definitions.

As used in this chapter:

(1) "Transitional bilingual instruction" means a system of instruction which:

(a) Uses two languages, one of which is English, as a means of instruction to build upon and expand language skills to enable a student to achieve competency in English;

(b) Introduces concepts and information in the primary language of a student and reinforces them in the English language; and

(2) "Primary language" means the language most often used by a student (not necessarily by parents, guardians, or others) for communication in the student's place of residence.

(3) "Eligible student" means any student who meets the following two conditions:

(a) The primary language of the student must be other than English; and

(b) The student's English skills must be sufficiently deficient or absent to impair learning.

(4) "Alternative instructional program" means a program of instruction which may include English as a second language and is designed to enable the student to achieve competency in English.

History

Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-005, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-005, filed 6/13/84. Statutory Authority: RCW 28A.58.808. WSR 80-07-039 (Order 80-21), § 392-160-005, filed 6/17/80.

Wash. Admin. Code § 392-160-010 School district board of directors duties.

Consistent with the provisions of this chapter, every school district board of directors:

(1) Shall make available to each eligible student a transitional bilingual instructional program or, if the use of two languages is not practicable as provided in WAC 392-160-040, an alternative instructional program;

(2) Shall communicate, whenever feasible, with parents of students in the bilingual program, or alternative instruction program in a language they can understand; and

(3) Shall provide effective professional development training of sufficient duration and depth for administrators, teachers, counselors, and other staff on bilingual program models, and/or district's alternative instructional program, appropriate use of instructional strategies and assessment results, and curriculum and instructional materials for use with culturally and linguistically diverse students.

History

Statutory Authority: RCW 28A.180.060. WSR 17-06-026, § 392-160-010, filed 2/22/17, effective 3/25/17. Statutory Authority: RCW 28A.180.010. WSR 08-19-039, § 392-160-010, filed 9/10/08, effective 10/11/08
WSR 08-09-071, § 392-160-010, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-010, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-010, filed 6/13/84. Statutory Authority: RCW 28A.58.804. WSR 81-15-089 (Order 81-4), § 392-160-010, filed 7/22/81. Statutory Authority: RCW 28A.58.808. WSR 80-07-039 (Order 80-21), § 392-160-010, filed 6/17/80.

Wash. Admin. Code § 392-160-015 Identification of eligible students.

(1) District procedures—Identification of primary language required: Every school district board of directors shall adopt written procedures governing the identification of each student's primary language and the determination of which students with a primary language other than English are eligible students. Such procedures shall include:

(a) A home language survey, completed by the student and the student's parent(s) or guardian(s), which identifies the student's primary language as other than English; and

(b) Provisions for testing students on the state-approved screener.

(2) Deadline for determining eligibility of newly enrolled students: The primary language and eligibility of each newly enrolled student shall be established no later than the tenth school day after the date upon which the student registers and commences attendance at a particular school district. Provided that no eligible student shall be required to participate in a transitional bilingual instructional program or an alternative instructional program, if the parent/guardian chooses to opt the student out of program services.

(3) Annual reassessment of all (eligible) students is required: Each school year each school in which an eligible student is enrolled shall conduct an evaluation of the overall academic progress and English language development of the student. This evaluation must include, but not be limited to, the administration of a standardized test in reading, writing, listening and speaking in English as set forth in WAC 392-160-035.

History

Statutory Authority: RCW 28A.180.060. WSR 16-15-100, § 392-160-015, filed 7/20/16, effective 8/20/16. Statutory Authority: RCW 28A.180.010. WSR 08-19-039, § 392-160-015, filed 9/10/08, effective 10/11/08
WSR 08-09-071, § 392-160-015, filed 4/16/08, effective 5/17/08. Statutory Authority: Chapter 28A.180 RCW. WSR 91-17-008 (Order 12), § 392-160-015, filed 8/12/91, effective 9/12/91. Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-015, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-015, filed 6/13/84. Statutory Authority: RCW 28A.58.804. WSR 81-15-089 (Order 81-4), § 392-160-015, filed 7/22/81. Statutory Authority: RCW 28A.58.808. WSR 80-07-039 (Order 80-21), § 392-160-015, filed 6/17/80.

Wash. Admin. Code § 392-160-020 Approved test for determining initial eligibility—English proficiency scores.

Approved English proficiency test as established by the office of superintendent of public instruction.

History

Statutory Authority: RCW 28A.180.060. WSR 16-15-100, § 392-160-020, filed 7/20/16, effective 8/20/16. Statutory Authority: RCW 28A.180.010. WSR 09-04-014, § 392-160-020, filed 1/23/09, effective 2/23/09. Statutory Authority: Chapter 28A.180 RCW. WSR 91-17-008 (Order 12), § 392-160-020, filed 8/12/91, effective 9/12/91. Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-020, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-020, filed 6/13/84. Statutory Authority: RCW 28A.58.808. WSR 80-07-039 (Order 80-21), § 392-160-020, filed 6/17/80.

Wash. Admin. Code § 392-160-026 District application.

Each school district that seeks an allocation of state funds for a transitional bilingual instruction program or alternative instructional program shall submit a program approval application to the superintendent of public instruction no later than August 1 of each year: Provided, That in the case of extenuating circumstances or in the case of a change in circumstances such as the unexpected enrollment of eligible students the superintendent of public instruction may allow the belated submission of an application or the submission of a modification to a previously approved application. The application shall apply to programs to be conducted during the ensuing school year and shall provide data and information in accordance with instructions and forms now or hereafter established and published by the superintendent of public instruction in bulletins distributed to school districts.

History

Statutory Authority: RCW 28A.180.010. WSR 08-09-071, § 392-160-026, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-026, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-026, filed 6/13/84.

Wash. Admin. Code § 392-160-027 Board approval.

The district's transitional bilingual instructional program or alternative instructional program shall be approved by formal action of the district's board of directors.

History

Statutory Authority: RCW 28A.180.010. WSR 08-09-071, § 392-160-027, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-027, filed 6/13/84.

Wash. Admin. Code § 392-160-028 Content of district application.

The district's annual application shall contain the following:

(1) The estimated number of eligible students to be served in the next school year;

(2) A description of the bilingual instructional program and/or alternative instructional program to be implemented the next school year;

(3) A description of the research-based professional development activities plan targeted toward second language acquisition for the next school year as provided for in this section and WAC 392-160-010; and

(4) A description of the district's plan for continuous improvement and evaluation of its program to serve English language learners.

History

Statutory Authority: RCW 28A.180.010. WSR 08-09-071, § 392-160-028, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-028, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-028, filed 6/13/84.

Wash. Admin. Code § 392-160-029 Program approval.

Program approval by the superintendent of public instruction shall be as follows:

(1) Each application that is submitted as required by and pursuant to this chapter shall be approved: Provided, that approval of an application may be withheld in whole or part in the event the superintendent of public instruction deems it necessary to ascertain the completeness and accuracy of the application;

(2) Each school district shall be notified of program approval status, within thirty days after the date of receipt of the application by the superintendent of public instruction; and

(3) Each application that is returned to a school district with approval withheld in whole or part shall be accompanied by an explanation of the reasons therefore and a statement of the corrective action necessary for approval.

History

Statutory Authority: RCW 28A.180.010. WSR 08-09-071, § 392-160-029, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-029, filed 6/13/84.

Wash. Admin. Code § 392-160-035 Program exit requirements—Testing.

(1) No student shall continue to be entitled to a transitional bilingual instructional program or alternative instructional program after the student has received instruction in a transitional bilingual instructional program or alternative instructional program conducted pursuant to this chapter within any one or more school districts for a period of three consecutive school years (i.e., 540 school days or portions thereof): Unless the student has not yet met exit criteria on the English language proficiency assessment as established by the office of superintendent of public instruction.

(2) The approved test for measurement of improvement in English language skills for purposes of exit from the transitional bilingual instructional program or alternative instructional programs shall be the English language proficiency assessment.

(3) No student shall be eligible for continued funding in the transitional bilingual instructional program or alternative program upon meeting or exceeding the state standards as measured by the English language proficiency assessment. As provided for in this section and WAC 392-160-015, the parent/guardian retains the option to refuse program services for the eligible student.

History

Statutory Authority: RCW 28A.180.060. WSR 16-15-100, § 392-160-035, filed 7/20/16, effective 8/20/16. Statutory Authority: RCW 28A.180.010. WSR 08-09-071, § 392-160-035, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-035, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-035, filed 6/13/84. Statutory Authority: RCW 28A.58.804. WSR 81-15-089 (Order 81-4), § 392-160-035, filed 7/22/81. Statutory Authority: RCW 28A.58.808. WSR 80-07-039 (Order 80-21), § 392-160-035, filed 6/17/80.

Wash. Admin. Code § 392-160-040 Alternative instructional program.

School districts under one or more of the following conditions may elect to provide an alternative instructional program:

(1) Necessary instructional materials in the student's primary language are unavailable and the district has made reasonable efforts to obtain necessary materials without success;

(2) The capacity of the district's bilingual instructional program is temporarily exceeded by an unexpected increase in the enrollment of eligible students;

(3) Bilingual instruction cannot be provided to students without substantially impairing their basic education because of their distribution throughout many grade levels or schools, or both; or

(4) Teachers who are trained in bilingual education methods and sufficiently skilled in the non-English primary language(s) are unavailable, and the district has made reasonable attempts to obtain the services of such teachers.

History

Statutory Authority: RCW 28A.180.010. WSR 08-09-071, § 392-160-040, filed 4/16/08, effective 5/17/08. Statutory Authority: Chapter 28A.180 RCW. WSR 91-17-008 (Order 12), § 392-160-040, filed 8/12/91, effective 9/12/91. Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-040, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. WSR 84-13-027 (Order 84-17), § 392-160-040, filed 6/13/84. Statutory Authority: RCW 28A.58.804. WSR 81-15-089 (Order 81-4), § 392-160-040, filed 7/22/81. Statutory Authority: RCW 28A.58.808. WSR 80-07-039 (Order 80-21), § 392-160-040, filed 6/17/80.

Wash. Admin. Code § 392-160-045 Students with disabilities.

(1) Students identified as being eligible for both the state transitional bilingual instructional program (TBIP) and special education program will participate in the TBIP to the same degree and consideration given to every other child in the TBIP.

(2) A child who is participating in both the TBIP and the special education program under this chapter shall be subject to all conditions of participation in the TBIP chapter.

(3) All students identified as being eligible for the TBIP and any other categorical program will enter and exit TBIP through the standardized entrance and exit procedures used for all English learners described in WAC 392-160-015 and 392-160-035.

History

Statutory Authority: RCW 28A.180.060. WSR 17-06-026, § 392-160-045, filed 2/22/17, effective 3/25/17. Statutory Authority: RCW 28A.180.010. WSR 08-09-071, § 392-160-045, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 28A.58.808. WSR 84-20-083 (Order 84-41), § 392-160-045, filed 10/2/84. Statutory Authority: RCW 28A.58.804. WSR 81-15-089 (Order 81-4), § 392-160-045, filed 7/22/81. Statutory Authority: RCW 28A.58.808. WSR 80-07-039 (Order 80-21), § 392-160-045, filed 6/17/80.

Chapter 392-162 Special service program—Learning assistance.

Wash. Admin. Code § 392-162-005 Authority.

The authority for this chapter is RCW 28A.165.075, which authorizes the superintendent of public instruction to adopt rules for the administration of the learning assistance program.

History

Statutory Authority: RCW 28A.165.075. WSR 22-14-036, § 392-162-005, filed 6/27/22, effective 7/28/22. Statutory Authority: RCW 28A.165.075 and 28A.150.290. WSR 18-02-082, § 392-162-005, filed 1/2/18, effective 2/2/18
WSR 16-16-078, § 392-162-005, filed 7/29/16, effective 9/1/16. Statutory Authority: RCW 28A.165.075. WSR 14-08-067, § 392-162-005, filed 3/31/14, effective 5/1/14
WSR 08-21-053, § 392-162-005, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 28A.300.070. WSR 07-02-015, § 392-162-005, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. WSR 87-22-001 (Order 87-14), § 392-162-005, filed 10/22/87. Statutory Authority: RCW 28A.41.408. WSR 84-14-038 (Order 84-21), § 392-162-005, filed 6/28/84.

Wash. Admin. Code § 392-162-010 Purpose.

The learning assistance program requirements in this chapter are designed to:

(1) Promote the use of data when developing programs to assist students who are not meeting academic standards; and

(2) Guide school districts in providing the most effective and efficient practices when implementing supplemental instruction and services to assist students who are not meeting academic standards.

History

Statutory Authority: RCW 28A.165.075. WSR 22-14-036, § 392-162-010, filed 6/27/22, effective 7/28/22. Statutory Authority: RCW 28A.165.075 and 28A.150.290. WSR 18-02-082, § 392-162-010, filed 1/2/18, effective 2/2/18
WSR 16-16-078, § 392-162-010, filed 7/29/16, effective 9/1/16. Statutory Authority: RCW 28A.165.075. WSR 14-08-067, § 392-162-010, filed 3/31/14, effective 5/1/14
WSR 09-24-075, § 392-162-010, filed 11/30/09, effective 12/31/09
WSR 08-21-053, § 392-162-010, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 28A.300.070. WSR 07-02-015, § 392-162-010, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. WSR 87-22-001 (Order 87-14), § 392-162-010, filed 10/22/87. Statutory Authority: RCW 28A.41.408. WSR 84-14-038 (Order 84-21), § 392-162-010, filed 6/28/84.

Wash. Admin. Code § 392-162-015 Definitions.

As used in this chapter, the terms:

(1) "District" means a school district, public charter school, or school authorized to operate as a state-tribal education compact school in accordance with chapter 28A.715 RCW.

(2) "Literacy screening tool" means one of the literacy screening tools identified and approved by the dyslexia advisory council and the office of the superintendent of public instruction in accordance with RCW 28A.300.700.

History

Statutory Authority: RCW 28A.165.075. WSR 22-14-036, § 392-162-015, filed 6/27/22, effective 7/28/22. Statutory Authority: RCW 28A.165.075 and 28A.150.290. WSR 16-16-078, § 392-162-015, filed 7/29/16, effective 9/1/16. Statutory Authority: RCW 28A.300.070. WSR 07-02-015, § 392-162-015, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. WSR 87-22-001 (Order 87-14), § 392-162-015, filed 10/22/87. Statutory Authority: RCW 28A.41.408. WSR 84-14-038 (Order 84-21), § 392-162-015, filed 6/28/84.

Wash. Admin. Code § 392-162-016 Application.

As described in RCW 28A.165.057, two application periods exist:

(1) The first timeline applies immediately and continues through the later of:

(a) The expiration or termination of Proclamation 20-05, and any subsequent orders extending or amending the proclamation, declaring a state of emergency on February 29, 2020, for all counties in Washington due to COVID-19; or September 1, 2025, whichever is later.

(b) During the first timeline described in subsection (1)(a) of this section, school districts must budget and expend the appropriations for the learning assistance program, under RCW 28A.165.005 through 28A.165.065, to identify students who are not meeting academic standards and address their academic and nonacademic needs resulting from and exacerbated by the COVID-19 pandemic.

(c) During the first timeline described in subsection (1)(a) of this section, school districts are encouraged to budget and expend the appropriations for the learning assistance program, under RCW 28A.165.005 through 28A.165.065, using the framework of the Washington integrated student supports protocol, established under RCW 28A.300.139.

(2) The second timeline applies after the first timeline expires as described in subsection (1)(a) of this section. During the second timeline, school districts must budget and expend the appropriations for the learning assistance program, under RCW 28A.165.005 through 28A.165.065, using the framework of the Washington integrated student supports protocol, established under RCW 28A.300.139.

History

Statutory Authority: RCW 28A.165.075. WSR 22-14-036, § 392-162-016, filed 6/27/22, effective 7/28/22.

Wash. Admin. Code § 392-162-054 Allocation, supplement not supplant, and use of funds.

(1) The funds for the learning assistance program shall be allocated according to WAC 392-122-605 for the learning assistance program base allocation and the learning assistance program high poverty-based school allocation.

(2) The learning assistance high poverty-based school allocation must be expended by the district for the schools that generated the funding and may not supplant the learning assistance program base allocation expenditures for those schools.

(3) All learning assistance program funds must be expended for the purposes of RCW 28A.165.005 through 28A.165.065.

History

Statutory Authority: RCW 28A.165.075. WSR 22-14-036, § 392-162-054, filed 6/27/22, effective 7/28/22. Statutory Authority: RCW 28A.165.075 and 28A.150.290. WSR 18-02-082, § 392-162-054, filed 1/2/18, effective 2/2/18
WSR 16-16-078, § 392-162-054, filed 7/29/16, effective 9/1/16. Statutory Authority: RCW 28A.165.075. WSR 14-08-067, § 392-162-054, filed 3/31/14, effective 5/1/14
WSR 09-24-075, § 392-162-054, filed 11/30/09, effective 12/31/09
WSR 08-21-053, § 392-162-054, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 28A.300.070. WSR 07-02-015, § 392-162-054, filed 12/21/06, effective 1/21/07.

Wash. Admin. Code § 392-162-110 Program requirements—Reporting.

The superintendent of public instruction may withhold the monthly learning assistance program apportionment payment to a school district, public charter school, or state-tribal education compact school if the school district, charter school, or state-tribal education compact school fails to submit its annual report for the prior school year to the superintendent of public instruction by the established due date. The first learning assistance program apportionment payment of the school year and subsequent allocations may be withheld until the annual reports are completed in approvable form.

History

Statutory Authority: RCW 28A.165.075. WSR 22-14-036, § 392-162-110, filed 6/27/22, effective 7/28/22. Statutory Authority: RCW 28A.165.075 and 28A.150.290. WSR 16-16-078, § 392-162-110, filed 7/29/16, effective 9/1/16. Statutory Authority: RCW 28A.165.075. WSR 14-08-067, § 392-162-110, filed 3/31/14, effective 5/1/14. Statutory Authority: RCW 28A.300.070. WSR 07-02-015, § 392-162-110, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. WSR 95-19-031 (Order 95-08), § 392-162-110, filed 9/12/95, effective 10/13/95
WSR 87-22-001 (Order 87-14), § 392-162-110, filed 10/22/87. Statutory Authority: RCW 28A.41.408. WSR 84-14-038 (Order 84-21), § 392-162-110, filed 6/28/84.

Wash. Admin. Code § 392-162-112 Carry over of funds.

(1) Districts may carry over from one year to the next up to ten percent of the learning assistance program base allocation provided under WAC 392-122-605. Carry-over funds must be expended solely for the purposes of RCW 28A.165.005 through 28A.165.065.

(2) Districts may carry over from one year to the next up to ten percent of the learning assistance program high poverty-based school allocation provided under WAC 392-122-605. Carry-over funds must be expended solely for the purposes of RCW 28A.165.005 through 28A.165.065 and for the specific schools that generated the funding.

History

Statutory Authority: RCW 28A.165.075. WSR 22-14-036, § 392-162-112, filed 6/27/22, effective 7/28/22. Statutory Authority: RCW 28A.165.075 and 28A.150.290. WSR 18-02-082, § 392-162-112, filed 1/2/18, effective 2/2/18. Statutory Authority: RCW 28A.300.070. WSR 07-02-015, § 392-162-112, filed 12/21/06, effective 1/21/07.

Wash. Admin. Code § 392-162-120 Implementation of K-2 literacy screening requirements—Use of funds.

(1) A school district that chooses to expend learning assistance program funds to implement the screening and intervention requirements under RCW 28A.320.260 may use the district's learning assistance program base allocation under WAC 392-122-605 to fund the purchase of a literacy screening tool as defined under this chapter.

(2) A school district that chooses to expend learning assistance program funds as permitted under this section must submit data according to specifications established by the office of the superintendent of public instruction in accordance with RCW 28A.165.100 and 28A.320.270.

History

Statutory Authority: RCW 28A.165.075. WSR 22-14-036, § 392-162-120, filed 6/27/22, effective 7/28/22.

Chapter 392-168 Special service programs—Citizen complaint procedure for certain categorical federal programs.

Wash. Admin. Code § 392-168-105 Authority.

The authority for this chapter is RCW 28A.300.070 which authorizes the superintendent of public instruction to receive and administer federal funds on behalf of school districts of the state of Washington in compliance with applicable rules and regulations.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-168-105, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-105, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-105, filed 4/18/88.

Wash. Admin. Code § 392-168-110 Purpose.

The purpose of this chapter is to provide complaint procedures in compliance with 20 U.S.C. 7844 and 7883, and with 34 C.F.R. 299.10-2099.12.

History

Statutory Authority: RCW 28A.300.070. WSR 05-19-033, § 392-168-110, filed 9/12/05, effective 10/13/05. Statutory Authority: Chapter 28A.155 RCW. WSR 93-19-065 (Order 93-15), § 392-168-110, filed 9/13/93, effective 10/14/93. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-110, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-110, filed 4/18/88.

Wash. Admin. Code § 392-168-115 Applicability.

This chapter shall apply to federal programs authorized under the Elementary and Secondary Education Act and administered by the superintendent of public instruction, including the following:

(1) Title I, Part A: Improving Basic Programs Operated by Local Educational Agencies;

(2) Title I, Part B: State Assessment Grants;

(3) Title I, Part C: Education of Migratory Children;

(4) Title I, Part D: Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk;

(5) Title II, Part A: Supporting Effective Instruction;

(6) Title III, Part A: English Language Acquisition, Language Enhancement, and Academic Achievement Act;

(7) Title IV, Part A: Student Support and Academic Enrichment Grants;

(8) Title IV, Part B: 21st Century Community Learning Centers;

(9) Title IV, Part C: Expanding Opportunity Through Quality Charter Schools;

(10) Title V, Part A: Funding Transferability for State and Local Education Agencies;

(11) Title V, Part B, Subpart 1: Small, Rural School Achievement Program;

(12) Title V, Part B, Subpart 2: Rural and Low-Income Schools;

(13) Title VIII—General Provisions.

History

Statutory Authority: RCW 28A.300.070. WSR 18-02-083, § 392-168-115, filed 1/2/18, effective 2/2/18
WSR 05-19-033, § 392-168-115, filed 9/12/05, effective 10/13/05. Statutory Authority: Chapter 28A.155 RCW. WSR 93-19-065 (Order 93-15), § 392-168-115, filed 9/13/93, effective 10/14/93. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-115, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-115, filed 4/18/88.

Wash. Admin. Code § 392-168-125 Definition—Complaint.

As used in this chapter, the term "complaint" means an allegation, by the complainant, that the state, a local school district, an educational service district, or other subgrantee receiving federal funds has violated a federal statute or regulation or a related state regulation that applies to a federal program covered under this chapter.

History

Statutory Authority: RCW 28A.300.070. WSR 05-19-033, § 392-168-125, filed 9/12/05, effective 10/13/05. Statutory Authority: RCW 28A.02.100. WSR 90-23-062 (Order 43), § 392-168-125, filed 11/20/90, effective 12/21/90
WSR 90-11-029 (Order 90-09), § 392-168-125, filed 5/9/90, effective 6/9/90. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-125, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-125, filed 4/18/88.

Wash. Admin. Code § 392-168-130 Definition—Other subgrantee.

As used in this chapter, the term "other subgrantee" means the government, nonprofit, or other legal entity to which the state as grantee awards a subgrant, and which is accountable to the state for the use of the funds provided. The subgrantee is the entire legal entity even if only a particular component of the entity is designated in the subgrant award document.

History

Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-130, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-130, filed 4/18/88.

Wash. Admin. Code § 392-168-132 Informing citizens about complaint procedures.

The superintendent of public instruction shall inform parents and other interested individuals about the citizen complaint procedures in this chapter. Specific actions to be taken by the superintendent of public instruction include:

(1) Disseminating copies of the state's procedures to parents, advocacy agencies, professional organizations, and other appropriate entities;

(2) Conducting training sessions on the complaint process for local school districts, educational service districts, or other subgrantees, which may include webinars and screencasts.

History

Statutory Authority: RCW 28A.300.070. WSR 18-02-083, § 392-168-132, filed 1/2/18, effective 2/2/18
WSR 05-19-033, § 392-168-132, filed 9/12/05, effective 10/13/05. Statutory Authority: Chapter 28A.155 RCW. WSR 93-19-065 (Order 93-15), § 392-168-132, filed 9/13/93, effective 10/14/93.

Wash. Admin. Code § 392-168-135 Right to register a complaint.

Any individual or organization may file a signed, written complaint.

History

Statutory Authority: RCW 28A.300.070. WSR 05-19-033, § 392-168-135, filed 9/12/05, effective 10/13/05. Statutory Authority: RCW 28A.02.100. WSR 90-11-029 (Order 90-09), § 392-168-135, filed 5/9/90, effective 6/9/90. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-135, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-135, filed 4/18/88.

Wash. Admin. Code § 392-168-140 Contents of complaint.

A written complaint filed under this chapter shall include:

(1) A statement that the state, a local school district, an educational service district, or other subgrantee has violated one or more requirements of federal statutes or regulations or state regulations that apply to a federal program covered under this chapter;

(2) The specific requirement alleged to have been violated;

(3) The facts on which the complaint is based;

(4) The name and address of the complainant;

(5) The expected resolution of the alleged violation; and

(6) In the case of a complaint alleging a violation by an entity other than the state and filed directly with the superintendent of public instruction, the name and address of the allegedly offending entity.

History

Statutory Authority: RCW 28A.300.070. WSR 05-19-033, § 392-168-140, filed 9/12/05, effective 10/13/05. Statutory Authority: RCW 28A.02.100. WSR 90-11-029 (Order 90-09), § 392-168-140, filed 5/9/90, effective 6/9/90. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-140, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-140, filed 4/18/88.

Wash. Admin. Code § 392-168-145 Procedure for filing a complaint.

The procedure for filing a complaint shall be as follows:

(1) A complaint alleging a violation by a local school district, an educational service district, or other subgrantee shall be filed directly with the superintendent of public instruction.

(2) The superintendent of public instruction, upon receipt of a signed, written complaint against a local school district or other public agency, an educational service district, or other subgrantee, shall refer the complaint to the educational entity for action pursuant to this chapter. A complaint against the state shall be investigated pursuant to WAC 392-168-180.

(3) Receipt of a complaint by the superintendent of public instruction activates a time limit not to exceed sixty calendar days, unless an extension of the time limit is approved by the superintendent of public instruction on the basis of exceptional circumstances with respect to a particular complaint.

(4) Receipt of complaints concerning violations of 20 U.S.C. Sec. 7881, Participation by private school children and teachers, shall activate a time limit not to exceed forty-five calendar days.

History

Statutory Authority: RCW 28A.300.070. WSR 18-02-083, § 392-168-145, filed 1/2/18, effective 2/2/18
WSR 05-19-033, § 392-168-145, filed 9/12/05, effective 10/13/05. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-145, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-145, filed 4/18/88.

Wash. Admin. Code § 392-168-150 Complaint directed to a school district, an educational service district, or other subgrantee and designation of responsible employee.

The chief officer of each local school district, an educational service district, or other subgrantee shall designate at least one employee to monitor and coordinate the entity's compliance with this chapter. Such employee shall also be charged with the responsibility for investigating any complaint(s) communicated to the entity pursuant to WAC 392-168-145.

History

Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-150, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-150, filed 4/18/88.

Wash. Admin. Code § 392-168-155 Investigation of and response to complaints against a school district or other public agency, educational service district, or other subgrantee.

Investigation of and response to a complaint shall be as follows:

(1) Upon receipt of a properly filed complaint, the superintendent of public instruction shall send a copy of the complaint to the educational entity, for investigation of the alleged violations.

(2) The educational entity shall investigate the complaint. The responsible official of the educational entity shall respond in writing to the superintendent of public instruction, and include documentation of the investigation, no later than twenty calendar days after the date of receipt by the entity of such complaint.

(3) The response to the superintendent of public instruction shall clearly state either:

(a) That the educational entity denies the allegations contained in the complaint and the basis for such denial; or

(b) Propose reasonable corrective action(s) deemed necessary to correct the violation.

(4) The superintendent of public instruction shall provide the complainant a copy of the entity's response to the complaint.

(5) The superintendent of public instruction will provide the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint.

(6) Upon review of all relevant information including, if necessary, information obtained through an independent on-site investigation by the superintendent of public instruction, the superintendent of public instruction will make an independent determination as to whether the public agency is in violation of any federal program requirement as authorized under the Elementary and Secondary Education Act as amended by the Every Student Succeeds Act or this chapter.

(7) The superintendent of public instruction shall issue a written decision to the complainant and public agency that addresses each allegation in the complaint including findings of fact, conclusions, and the reasonable corrective measures deemed necessary to correct any violation. The superintendent may provide technical assistance activities or negotiations; and corrective measures necessary to resolve a complaint. All actions shall be instituted, as soon as possible but in no event later than thirty calendar days following the date of the decision, unless otherwise agreed to, or for good cause.

(8) The written decision by the superintendent of public instruction is the final decision in the matter. A complaint is considered resolved when the superintendent has issued a written decision and corrective measures, if warranted, have been completed.

(9) If compliance by a local district or other public agency, educational service district, or other subgrantee is not achieved pursuant to subsection (7) of this section, the superintendent of public instruction may initiate fund withholding, fund recovery, or any other sanction(s) deemed appropriate.

History

Statutory Authority: RCW 28A.300.070. WSR 18-02-083, § 392-168-155, filed 1/2/18, effective 2/2/18
WSR 05-19-033, § 392-168-155, filed 9/12/05, effective 10/13/05. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-155, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-155, filed 4/18/88.

Wash. Admin. Code § 392-168-175 Complaints against the superintendent of public instruction—Designation of responsible employee(s).

(1) A complaint alleging a violation by the superintendent of public instruction shall be filed directly with the superintendent of public instruction in the form specified in WAC 392-168-140.

(2) The superintendent of public instruction shall designate at least one office of the agency to monitor and coordinate the agency's compliance with this chapter, which shall include ensuring that investigation of any complaint is conducted expeditiously and thoroughly. Complaints concerning violations of 20 U.S.C. Sec. 7881, Participation by private school children and teachers, shall be coordinated by the staff assigned to fulfill the duties of the ombudsman for equitable services as provided in 20 U.S.C. Secs. 6320 and 7881.

History

Statutory Authority: RCW 28A.300.070. WSR 18-02-083, § 392-168-175, filed 1/2/18, effective 2/2/18. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-175, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-175, filed 4/18/88.

Wash. Admin. Code § 392-168-180 Complaints against the superintendent of public instruction—Investigation of and response to complaints.

(1) The staff responsible for investigating the alleged violation shall commence investigation within ten days of receipt of the complaint by the superintendent of public instruction.

(2) Investigation by the superintendent of public instruction may include on-site investigations as appropriate.

(3) Upon completion of the investigation, investigating staff shall provide the superintendent of public instruction with a written report on the results of the investigation, no later than sixty calendar days after the receipt of such complaint. For complaints concerning violations of 20 U.S.C. Sec. 7881, Participation by private school children and teachers, investigating staff shall provide the written report to the superintendent no later than thirty-five calendar days after receipt of the complaint.

(4) The superintendent of public instruction shall respond in writing to the complainant as expeditiously as possible but in no event later than ten calendar days after the date of receipt of the written report described in subsection (3) of this section.

(5) The response shall clearly state either:

(a) That the complaint is without merit, the allegations are denied, and the basis for such denial; or

(b) The reasonable corrective measures deemed necessary to correct any violation: Provided, That any such corrective measures deemed necessary shall be instituted as expeditiously as possible but in no event later than thirty calendar days following the date of the response to the complainant.

History

Statutory Authority: RCW 28A.300.070. WSR 18-02-083, § 392-168-180, filed 1/2/18, effective 2/2/18
WSR 05-19-033, § 392-168-180, filed 9/12/05, effective 10/13/05. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-180, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-180, filed 4/18/88.

Wash. Admin. Code § 392-168-185 Waiver of timelines.

(1) Timelines established in this chapter may be waived by mutual consent in writing of both complainant and local school district or other subgrantee. Such waiver of timelines shall be communicated within ten days to the appropriate division, superintendent of public instruction, by the entity named in the complaint.

(2) An extension of time limits applicable to actions by the superintendent of public instruction shall be waived by mutual consent of the complainant and the superintendent of public instruction: Provided, That if exceptional circumstances exist with respect to a particular complaint, the superintendent of public instruction may unilaterally extend the timelines for cause upon written notice to the parties.

History

Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-185, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-185, filed 4/18/88.

Wash. Admin. Code § 392-168-190 Appeal to the secretary of education in complaints against the superintendent of public instruction.

(1) In the event that a complainant remains aggrieved with the response of the superintendent of public instruction, the complainant may file an appeal directly with the secretary, department of education.

(2)(a) For complaints concerning violations of 20 U.S.C. Sec. 7881, Participation by private school children and teachers, the superintendent's response may be appealed to the secretary not later than thirty days after the superintendent responds to the complaint.

(b) If the superintendent fails to resolve a complaint concerning violations of 20 U.S.C. Sec. 7881, Participation by private school children and teachers, within the forty-five-day limit, the complainant may appeal directly to the secretary no later than thirty days after the expiration of the forty-five-day limit.

History

Statutory Authority: RCW 28A.300.070. WSR 18-02-083, § 392-168-190, filed 1/2/18, effective 2/2/18. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-168-190, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.02.100. WSR 88-09-042 (Order 88-13), § 392-168-190, filed 4/18/88.

Chapter 392-169 Special service programs—Running start program.

Wash. Admin. Code § 392-169-005 Authority.

The authority for this chapter is RCW 28A.600.390, which authorizes the superintendent of public instruction, the state board for community and technical colleges, and the Washington student achievement council to jointly develop and adopt rules governing RCW 28A.600.300 through 28A.600.380, and 28A.150.260 and 28A.150.290 which authorize the superintendent of public instruction to adopt rules governing basic education allocation moneys. The rules set forth in this chapter have been jointly developed and agreed upon by the three agencies, and adopted and codified in separate chapters of the Washington Administrative Code by each of the three agencies. The rules may be modified only by agreement of all three agencies.

History

Statutory Authority: RCW 28A.600.390. WSR 16-10-115, § 392-169-005, filed 5/4/16, effective 6/4/16. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-005, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-005, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-010 Purpose.

The purpose of this chapter is to set forth policies and procedures governing the running start program.

History

Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-010, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-015 Running start program—Definition.

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 grade high school students 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.

History

Statutory Authority: RCW 28A.600.390. WSR 16-10-115, § 392-169-015, filed 5/4/16, effective 6/4/16. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-015, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-015, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-020 Eligible student—Definition.

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 years of age as of September 1 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 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.

(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 grade running start enrollment limitations established under WAC 392-169-055.

History

Statutory Authority: RCW 28A.600.390. WSR 16-10-115, § 392-169-020, filed 5/4/16, effective 6/4/16. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-020, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-020, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-022 Running start student—Definition.

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 since the last enrollment count date.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-022, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-022, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-023 College or university day—Definition.

For the purposes of this chapter, the term "college or university day" means a day on which running start students are afforded the opportunity to be engaged in instructional activity which is planned and conducted by or under the supervision of college or university instructional staff, and on which day all or any portion of the enrolled running start students actually participate in such instructional activity.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-023, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-023, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-025 Full-time equivalent (FTE) running start enrollment—Definition.

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. 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.

(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.

History

Statutory Authority: RCW 28A.600.390. WSR 16-10-115, § 392-169-025, filed 5/4/16, effective 6/4/16
WSR 14-22-079, § 392-169-025, filed 11/3/14, effective 12/4/14. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-025, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-025, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-030 Annual average full-time equivalent (AAFTE) running start enrollment—Definition.

For purposes of this chapter and chapter 392-121 WAC, "annual average full-time equivalent (AAFTE) running start enrollment" means the sum of the AAFTE of all running start students for a school year when each running start student's AAFTE equals the sum of the student's running start FTE enrollment on the 11 running start count dates divided by nine.

History

Statutory Authority: RCW 28A.600.390 and 2022 c 297 § 504(18). WSR 23-13-089, § 392-169-030, filed 6/16/23, effective 7/1/23. Statutory Authority: RCW 28A.600.390. WSR 16-10-115, § 392-169-030, filed 5/4/16, effective 6/4/16
WSR 14-22-079, § 392-169-030, filed 11/3/14, effective 12/4/14. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-030, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-033 Institution of higher education—Definition.

As used in this chapter, the term "institution of higher education" means:

(1) A Washington community college established under chapter 28B.50 RCW;

(2) A Washington technical college established under chapter 28B.50 RCW;

(3) Central Washington University, Eastern Washington University, Washington State University, and The Evergreen State College if:

(a) The university has decided to participate in the running start program; and

(b) The board of directors of the school district through which an eligible student seeks to obtain running start program high school credit has decided to participate in the universities' running start program.

(4) A public tribal college located in Washington and accredited by the northwest commission on colleges and universities or another accrediting association recognized by the United States Department of Education pursuant to RCW 28A.600.300.

(5) Community colleges in Idaho or Oregon pursuant to RCW 28A.600.385.

History

Statutory Authority: RCW 28A.150.290. WSR 10-19-029, § 392-169-033, filed 9/9/10, effective 10/10/10. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-033, filed 4/14/95, effective 5/15/95.

Wash. Admin. Code § 392-169-040 School district—Definition.

As used in this chapter, the term "school district" means a Washington public school district established under Title 28A RCW.

History

Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-040, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-045 Enrollment—General 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 resident school district 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 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.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-045, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-045, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-050 Enrollment—High school credit—Prior confirmation.

As a condition to an eligible student's enrollment in college or university courses under this chapter, the eligibility of the courses which the student intends to take for the award of high school credit and the amount of such credit shall first be established, as follows:

(1) The student shall notify the school district through which the student seeks to obtain the award of running start program high school credit of the specific college or university courses he or she intends to take and shall request confirmation of the amount of high school credit that will be awarded upon successful completion of the courses.

(2) The school district shall establish on a course by course basis the amount of high school required or elective credit, or combination thereof, that shall be awarded for each college or university course successfully completed by the student based upon the conversion rate set forth in WAC 180-51-050.

(3) If a college or university course is not comparable to a school district course required for high school graduation, the school district superintendent shall determine the amount of required high school credit which shall be awarded following consultation with a representative of the institution of higher education designated for that purpose. The difference between the amount of required credit and the amount of credit earned at the conversion rate set forth in WAC 180-51-050 shall be awarded as elective credit.

(4) Within twenty school district business days of a student's request for confirmation of credit the school district superintendent or other designated school district representative shall confirm in writing the amount of high school required or elective credit, or combination thereof, which shall be awarded upon successful completion of the courses.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-050, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-050, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-055 Enrollment—Extent 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 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) 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 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) of this section.

History

Statutory Authority: RCW 28A.600.390 and 2022 c 297 § 504(18). WSR 23-13-089, § 392-169-055, filed 6/16/23, effective 7/1/23. Statutory Authority: RCW 28A.600.390. WSR 16-10-115, § 392-169-055, filed 5/4/16, effective 6/4/16
WSR 14-22-079, § 392-169-055, filed 11/3/14, effective 12/4/14. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-055, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-055, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-057 Enrollment—Extent 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 twenty-five hours per week shall constitute full-time high school enrollment, and fifteen quarter credits or fifteen semester credits shall constitute full-time running start enrollment. 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 (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.

History

Statutory Authority: RCW 28A.150.290. WSR 17-16-162, § 392-169-057, filed 8/2/17, effective 9/2/17. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-057, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-057, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-060 Enrollment—Exception from tuition and fees.

A running start student shall not be required by an institution of higher education to pay any tuition or other fee as a condition to the student's full participation in running start college or university course work and related activities, or as a condition to the award of credit therefor: Provided, That requiring a running start student to provide and pay for consumable supplies, textbooks, and other materials to be retained by the student does not constitute the assessment of tuition or a fee for purposes of this section: Provided further, That this limitation on the assessment of tuition and fees does not apply to a student's college and university enrollment beyond the limitations which may be claimed for state basic education funding under running start in accordance with WAC 392-121-136.

History

Statutory Authority: RCW 28A.150.305. WSR 13-02-006, § 392-169-060, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-060, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-060, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-065 Enrollment—Continuing eligibility.

Once an eligible student has been enrolled in one or more running start or institution of higher education courses under this chapter, the student shall not be displaced by another student: Provided, That a student's continued enrollment in a course or program and enrollment in other courses or programs shall be subject to generally applicable enrollment requirements and limitations established by the institution of higher education: Provided further, That a technical college shall not deny continued attendance to a person under twenty-two years of age with a disability based upon impaired competency or the creation of a disruptive atmosphere associated with the person's disability.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-065, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-065, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-070 Annual notice to students and parents.

Each school district shall annually provide general information respecting the running start program to all tenth and eleventh grade students of the school district and their parents or guardians.

History

Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-070, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-075 Academic standards and discipline—Jurisdiction of educational agencies.

Each school district and institution of higher education shall independently have and exercise exclusive jurisdiction over academic and discipline matters involving a student's enrollment and participation in courses of, and the receipt of services and benefits from, the school district or the institution of higher education.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-075, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-075, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-080 Compliance with federal and state requirements of law—Special education program requirements—Necessary cooperative agreements.

As a general rule, a school district and an institution of higher education are independently responsible for assuring compliance with federal and state requirements of law which are applicable to the provision of services and benefits by the school district or the institution of higher education under this chapter. If, however, the individualized education program of a special education student established under chapter 392-171 WAC provides for running start enrollment in an institution of higher education, the school district which established the individualized education program shall also be responsible for assuring compliance with chapter 392-171 WAC in connection with the student's running start enrollment in the institution of higher education. School districts and institutions of higher education shall enter into cooperative agreements as necessary to assure compliance with their respective duties under federal and state law, including agreements which substantiate a school district's claim to necessary federal and state funding.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-080, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-080, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-085 High school credit—Award by school districts.

Upon confirmation by an institution of higher education of a student's successful completion of running start program courses under this chapter, the school district shall record on the student's secondary school records and transcript the high school credit previously confirmed under WAC 392-169-050 together with a notation that the courses were taken at an institution of higher education.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-085, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-085, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-090 Finance—Generation and apportionment of state basic education moneys.

(1) Each running start student shall generate state running start basic education moneys based upon the student's enrollment under this chapter in institution of higher education courses or programs in accordance with the definitions of FTE and AAFTE students set forth in WAC 392-169-025 and 392-169-030, the enrollment and enrollment count limitations set forth in WAC 392-169-055 and 392-169-115, rules of the superintendent of public instruction set forth in Title 392 WAC which supplement and do not conflict with this chapter, and the Biennial Operating Appropriations Act.

(2) The superintendent of public instruction shall apportion running start basic education moneys to school districts reporting running start enrollments based upon AAFTE nonvocational and vocational running start enrollments and uniform statewide rates for nonvocational and vocational students as determined pursuant to WAC 392-169-095.

(3) School districts may retain and expend for running start program counseling or other school district purposes up to seven percent of the running start basic education moneys apportioned by the superintendent of public instruction.

(4) School districts shall apportion each institution of higher education's share of running start basic education moneys received under this chapter to each institution on at least a modified quarterly basis on or before December 31, March 31, June 30, and August 31 each school year.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-090, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-090, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-095 Determination of uniform statewide rates for nonvocational and vocational students.

Prior to September 1 of each school year, the superintendent of public instruction shall calculate estimated uniform statewide rates for allocating state basic education moneys for nonvocational and vocational running start student enrollment in consultation with state board for community and technical college staff. Calculations shall be based on assumptions used in the state Operating Appropriations Act for the school year. Rates shall equal the estimated average basic education formula generated amount per nonvocational and vocational AAFTE ninth through twelfth grade student for the school year excluding enhancements provided for small schools.

History

Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-095, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-100 Running start enrollment count dates.

Enrollment count dates for the running start program shall be as follows:

(1) For community and technical colleges and for Central Washington University and Eastern Washington University, the first college or university day of each of the months of October through August; and

(2) For Washington State University, the first university day of each of the months of September through July.

History

Statutory Authority: RCW 28A.600.390 and 2022 c 297 § 504(18). WSR 23-13-089, § 392-169-100, filed 6/16/23, effective 7/1/23. Statutory Authority: RCW 28A.600.390. WSR 16-10-115, § 392-169-100, filed 5/4/16, effective 6/4/16
WSR 14-22-079, § 392-169-100, filed 11/3/14, effective 12/4/14. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-100, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-100, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-105 Finance—Institution of higher education reporting requirements.

Each institution of higher education that enrolls an eligible student under this chapter shall periodically report enrollment information as follows:

(1) Within ten calendar days of enrollment of the student, provide written notice to the student, and the school district through which the student seeks to obtain running start program high school credit of the courses and the credit hours or instructional/clock hours of enrollment.

(2) After each monthly count date the institution of higher education shall report running start student enrollments by the eighth day of the month to the school district through which the student seeks to obtain the award of running start program high school credit as is necessary for the school district to claim state running start basic education program moneys under this chapter and chapter 392-121 WAC.

(3) The monthly report shall be prepared in accordance with instructions provided by the superintendent of public instruction, and shall include, but not necessarily be limited to, the following:

(a) The total number of enrolled running start students on the count date (see the definition of a "running start student" in WAC 392-169-022);

(b) Total nonvocational running start FTE enrollment;

(d) The name of each running start student and the nonvocational and vocational running start FTE reported for the student.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-105, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-105, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-110 Finance—School district reporting requirements.

Each school district through which a running start student seeks to obtain running start program high school credit shall make all reports to the superintendent of public instruction in accordance with this chapter and chapter 392-121 WAC as are necessary to substantiate the district's entitlement to the receipt of moneys based upon the student's institution of higher education enrollment under this chapter. Running start students shall be so reported as full-time equivalent vocational and nonvocational students, or fractions thereof, in accordance with the definition of full-time equivalent students set forth in WAC 392-169-025.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-110, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-110, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-115 Finance—Limitations 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.

History

Statutory Authority: RCW 28A.150.305. WSR 13-02-006, § 392-169-115, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-115, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-115, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-120 Finance—Documentation requirements.

School districts and institutions of higher education shall maintain documentation supporting running start student enrollment and state funding claims, including the following:

(1) Institution of higher education documentation shall show each student's college or university enrollment status on each enrollment count date and evidence of the student's participation in college or university instructional activities conducted by college or university staff on at least one college or university day since the last enrollment count date. See WAC 392-169-022(3) for a description of required "instructional activities."

(2) School district documentation shall show each student's school district enrollment status on each enrollment count date and evidence that the student is earning high school graduation credit for running start enrollment reported for state funding.

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-120, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-120, filed 2/1/94, effective 3/4/94.

Wash. Admin. Code § 392-169-125 Current and future institution of higher education enrollment alternatives not affected.

This chapter shall not affect the alternative enrollment, and arrangements, therefor, of a secondary student in an institution of higher education pursuant to a contractual agreement entered into pursuant to RCW 28B.50.530 (interschool district/college district cooperative programs) or chapter 39.34 RCW (the Interlocal Cooperation Act). See WAC 392-121-183 (Contracting with a higher education institution).

History

Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. WSR 95-09-042 (Order 95-02), § 392-169-125, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. WSR 94-04-095 (Order 94-01), § 392-169-125, filed 2/1/94, effective 3/4/94.

Chapter 392-170 Special service program—Highly capable students.

Wash. Admin. Code § 392-170-005 Authority.

The authority for this chapter is RCW 28A.150.290, 28A.185.030, 28A.185.050, and 28A.300.770, which authorize the superintendent of public instruction to adopt rules and regulations for the administration of a program for highly capable students in kindergarten through 12th grade, including the screening, referral, assessment, identification, and placement of such students.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-005, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 28A.150.290, 28A.185.030, and 28A.185.050. WSR 19-03-152, § 392-170-005, filed 1/22/19, effective 2/22/19. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-005, filed 3/12/13, effective 4/12/13. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-170-005, filed 7/19/90, effective 8/19/90. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-005, filed 6/28/84.

Wash. Admin. Code § 392-170-010 Purpose.

The purpose of this chapter is to establish policies and procedures for administration of programs for the education of K-12 students who are highly capable.

History

Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-010, filed 3/12/13, effective 4/12/13. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-010, filed 6/28/84.

Wash. Admin. Code § 392-170-012 Funds.

For highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. Highly capable students are basic education students first. School districts may use basic education funds, which support all students, to provide appropriate highly capable student services in addition to highly capable categorical funds. Categorical funds are supplemental and must be used during the funding period for supplemental activities to support the identification of highly capable students and the delivery of highly capable services, in accordance with the district's annual highly capable program plan. There is no carryover for highly capable apportionment.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-012, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-012, filed 3/12/13, effective 4/12/13.

Wash. Admin. Code § 392-170-016 Purpose of highly capable program services.

For highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. The highly capable program should provide a variety and array of services that match the needs of identified students. The purpose of highly capable identification is for inclusion of students, not exclusion. Schools should recognize students who need accelerated learning and enhanced instruction as part of the academic diversity their schools serve on their campuses. District practices must seek to expand access to accelerated learning and enhanced instruction at elementary and secondary schools. The goal is to advance equitable enrollment practices so that all students, especially students from historically underserved and low-income groups who are ready to engage in more rigorous coursework can benefit from accelerated learning and enhanced instruction. Districts may identify more than five percent of their enrollment as highly capable, pursuant to RCW 28A.185.020.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-016, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-020 District plans for the district's highly capable program.

Each district shall submit an annual plan for the district's highly capable program on forms provided by the superintendent of public instruction for approval.

History

Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-020, filed 3/12/13, effective 4/12/13. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-020, filed 6/28/84.

Wash. Admin. Code § 392-170-025 Board approval.

The district's plan for operation of the highly capable program shall be annually approved by formal action of the district's board of directors.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-025, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-025, filed 3/12/13, effective 4/12/13. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-025, filed 6/28/84.

Wash. Admin. Code § 392-170-030 Substance of annual school district plan.

The school district's annual plan shall contain the following:

(1) Consistent with RCW 28A.185.030 and 28A.300.770, a description of the district's plan to identify students, including universal screening strategies at two grade levels;

(2) Consistent with RCW 28A.185.020 and 28A.300.770, district practices for identifying students who need accelerated learning and enhanced instruction must prioritize equitable identification of low-income students;

(3) A description of the variety and array of instructional services the highly capable program will provide and how they match the identified needs of highly capable students in academic subjects in their domain(s) of strength; and

(4) Assurances signed by the school district's authorized representative that the district will comply with all applicable statutes and regulations.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-030, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 28A.185.050. WSR 18-03-012, § 392-170-030, filed 1/5/18, effective 2/5/18. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-030, filed 3/12/13, effective 4/12/13. Statutory Authority: RCW 28A.300.070. WSR 06-18-105, § 392-170-030, filed 9/6/06, effective 10/7/06. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-030, filed 6/28/84.

Wash. Admin. Code § 392-170-031 Definition—Objective and subjective criteria.

Objective criteria are student data points that come from either research-based or norm-referenced assessments, such as standardized, cognitive, or achievement assessments; or may include performance on classroom curriculum-based assessments. Local norms should be calculated for all objective criteria, when appropriate to address equitable identification of underrepresented populations. Objective criteria must be recent. Data may include any recent, applicable student data from the sending school for transfer students, including student records from prior placement in advanced services. Administration of student assessments must include accommodations required by the student's IEP or section 504 plan.

Subjective criteria are measures which may include data such as classroom artifacts, student products, teacher recommendations, report card grades, and research-based rating scales (nonresearch-based rating scales may not be used). Subjective data points may be used alongside other criteria during placement to support identification, but must not be used to disqualify a student from identification.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-031, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-034 Definition—Accelerated learning and enhanced instruction.

Accelerated learning means accessing new content at a faster pace, as well as reaching higher standards and/or higher grade levels. Enhanced instruction means guided instruction with increased complexity, abstraction, and depth of curriculum that is advanced beyond the general education curriculum. Both accelerated learning and enhanced instruction shall be provided to highly capable students in academic subjects based on a student's domain(s) of strength. Accelerated learning and enhanced instruction require different approaches, strategies, and curriculum, not simply more of the same classwork.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-034, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-035 Definition—Students who require accelerated learning and enhanced instruction are identified as highly capable.

Highly capable students are students in grades K-12 who demonstrate readiness and/or potential to benefit from advanced grade level curriculum in one or more subject areas and require accelerated learning and enhanced instruction beyond the general education curriculum to achieve academic growth. Highly capable students may have advanced learning abilities in general intellectual aptitude, in all academic subjects, or in one academic subject area such as reading or mathematics. Highly capable students are not uncommon. Districts should not limit access for students who show readiness for accelerated learning and enhanced instruction.

Highly capable students are found in all demographic groups; however, not all students have had equitable access to the accelerated learning and enhanced instruction needed to develop their academic skills. Multilingual learners, highly mobile students, students receiving foster care, and students who receive McKinney-Vento services are often underserved and require careful collection of data about academic strengths. Attention should be paid to students with disabilities who also need accelerated learning and enhanced instruction in their domain(s) of strength, and are known as twice exceptional (2e) students. Highly capable students are present within all protected classes according to chapters 28A.640 and 28A.642 RCW.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-035, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-035, filed 3/12/13, effective 4/12/13
WSR 98-12-002 (Order 98-07), § 392-170-035, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-035, filed 6/28/84.

Wash. Admin. Code § 392-170-038 Definition—Highly capable specialist.

As used in this chapter, a highly capable specialist has training, experience, advanced skills, and knowledge in the education of highly capable students. The district must provide professional learning opportunities to support these areas of competence: Identification procedures, academic characteristics, program design and delivery, instructional practices, student assessment, and program evaluation.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-038, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-038, filed 3/12/13, effective 4/12/13
WSR 98-12-002 (Order 98-07), § 392-170-038, filed 5/20/98, effective 6/20/98.

Wash. Admin. Code § 392-170-039 Definition—Students who are twice exceptional (2e).

Students who are twice exceptional (2e) are students with disabilities who also need accelerated learning and enhanced instruction in their domain(s) of strength. Students who are twice exceptional have an IEP or a section 504 accommodation plan in addition to qualifying for highly capable services in one or more subject domains. Students who are twice exceptional must be provided accelerated learning and enhanced instruction in their domain(s) of strength, in addition to receiving specially designed instruction and/or accommodations required by their IEP or section 504 plan, to ensure the student has full access to their basic education.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-039, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-041 Universal screening.

Districts must create and publish a procedure for universally screening students in two grade levels. All students in the chosen grade levels must be screened for identification of learning needs and placement for highly capable services. The first universal screening must occur in grades K-2 and the second screening must occur in grades 3-6. Districts may choose to conduct universal screening at additional grade levels, and, if so, must conduct a complete universal screening process for every student in that grade level.

Universal screening is the process of collecting and examining appropriate data for all students in a grade level to determine if each student is performing or shows the potential to perform above grade level and requires accelerated learning and enhanced instruction.

The purpose of universal screening is to include students who traditionally are not referred for highly capable services. Districts must determine whether screened students belong to a protected class, receive special services, or move frequently to ensure that students receive fair accommodations and consideration in their screening process. The special services include, but are not limited to, those provided under a section 504 plan, an IEP, multilingual services, the McKinney-Vento Homeless Assistance Act, highly mobile, and/or foster care.

No single criterion may prevent a student's identification for highly capable. However, any single criterion, objective or subjective, if strong enough, may indicate a need for services and be sufficient to qualify a student in that subject domain. No student may be excluded from highly capable placement without at least two objective data points demonstrating that the student would not benefit from accelerated learning and enhanced instruction. Districts may qualify students directly for highly capable services using screening data. Alternatively, districts may conduct further assessment for students discovered during universal screening to determine placement. Universal screening is not used to exit a student who has qualified for highly capable services.

Districts must collect adequate data from every student in a grade level being universally screened, and students must not be disqualified for missing data. There are multiple approaches to implementing universal screening and the use of multiple criteria. School districts must use screening tools and resources that exemplify best practices and must use objective student data points during universal screening. There is no requirement to administer a new assessment for the purpose of universal screening, however, districts may do so if they deem appropriate.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-041, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-043 Parent/guardian notification and permission.

Notification shall be made at the following times:

(1) Universal screening. Prior to the start of universal screening, notice shall be made in a timely manner to parents/guardians whose students will be universally screened for possible inclusion in the highly capable program. This notice must provide information on the district's highly capable program and the service options that will be available to identified students. Additionally, the notice must include information on how parents/guardians may opt out of the universal screening process for their student(s).

(2) Identification. Prior to the start of any major identification activity, annual notification of the highly capable identification process and available highly capable services shall be made in a timely manner. The notice shall be published or announced in multiple ways in appropriate languages to each community in school and district publications or other media, and posted on the district website, with circulation adequate to notify parents/guardians and students throughout the district, to include data points and test scores that will be considered.

(3) Prior to administering any additional group or individual assessments, other than universal screening or for parent-referred students, individual notice shall be made to parents/guardians of affected students in a timely manner. This notice must provide information about the district's highly capable program and the service options that will be available to identified students, provide a way for parents/guardians to opt out of further assessment for their student, and how parent/guardian can receive more information about services.

(4) At the conclusion of the identification process, individual notice shall be made to parents/guardians of students who have been screened or referred. This notice must include:

(a) The identification decision;

(b) The data points and test scores that were considered for that student;

(d) An explanation of the district procedures to exit a student from the program;

(e) Information on the district's highly capable program and the service options that are available to identified students and the specific services that will be offered to that student. Additionally, information must be provided to parents/guardians on how to have qualifying students opt out of receiving those services in each subject area; and

(f) If the student did not qualify for highly capable services in one or more domains, the notice must also include an explanation of the appeal process including timeline and link to submit the appeal form.

(5) If the student placement offered requires a change in school building or classroom placement, parent/guardian permission is required prior to starting service. Otherwise, parent/guardian must be notified of the start of service, but parent/guardian permission is not required prior to providing services.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-043, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-045 Referral process for grade levels not being universally screened.

Each school district shall establish written procedures for the referral of students to participate in programs for highly capable students. Referrals must be available for all grade levels K-12 not universally screened. Such procedures shall permit referrals based on data or evidence from teachers, other staff, parents/guardians, students, and members of the community. The referral process shall include options to check if the student has a section 504 plan, IEP, or receives multilingual services. The referral process must include information about the timeline for the highly capable identification process. Districts must determine whether screened students belong to a protected class or receive special services to ensure that students receive fair accommodations and consideration. The special services include, but are not limited to, those provided by a section 504 plan, an IEP, multilingual services, the McKinney-Vento Homeless Assistance Act, low-income, highly mobile, and/or foster care.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-045, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 28A.185.050. WSR 18-03-012, § 392-170-045, filed 1/5/18, effective 2/5/18. Statutory Authority: Chapter 28A.185 RCW. WSR 15-14-034, § 392-170-045, filed 6/23/15, effective 7/24/15
WSR 13-07-020, § 392-170-045, filed 3/12/13, effective 4/12/13. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-045, filed 6/28/84.

Wash. Admin. Code § 392-170-046 Prioritize identification of historically underrepresented student groups.

District practices for identifying highly capable students must seek to expand access to accelerated learning and enhanced instruction at elementary and secondary schools and advance equitable enrollment practices, so that all students, especially students from historically underrepresented and low-income groups, who are ready to engage in more rigorous coursework can benefit from accelerated learning and enhanced instruction. (RCW 28A.185.030) Consistent with RCW 28A.185.020 and 28A.300.770, district practices for identifying highly capable students must prioritize identification of low-income students.

Multilingual learners (ML), highly mobile students, students receiving foster care, and students who receive McKinney-Vento services are often underserved and require careful collection of data about academic strengths. Attention must also be paid to include students who have been identified as twice exceptional students (IEP or section 504 plan) according to chapter 28A.642 RCW.

Assessment tools for multilingual learners should reduce the impact of language on the skills being assessed. ML students must be assessed in their first language. If that is not possible, they are to be assessed with a nonverbal instrument. Highly mobile students require consideration to ensure timely identification and provision of services. Professional judgment should be used to expand identification of historically underrepresented student groups.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-046, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-055 Process for assessment and identification of students who require accelerated learning and enhanced instruction (highly capable).

(1) The superintendent of public instruction must require school districts to have identification and placement procedures for services that match student learning needs for accelerated and enhanced instruction. They must be clearly stated and implemented by school districts using the following process:

(a) Multiple pathways for qualification must be available to allow students to qualify for different services using different criteria, as appropriate. Districts must use multiple criteria to assess and identify students' advanced learning needs in math and language arts. Multiple criteria means that multiple data points must be considered. However, any single criterion, if strong enough, may be sufficient to qualify a student for services, but no single criterion can exclude a student from services. If a student is excluded from highly capable services, there must be evidence of at least two objective data points demonstrating that a student would not benefit from accelerated learning and enhanced instruction. Students must not be disqualified or otherwise penalized for missing data;

(b) Highly capable placement decisions must be based on consideration of criteria benchmarked on local norms, when appropriate, but local norms may not be used as more restrictive criteria than national norms;

(c) Subjective measures such as teacher, parent, community member recommendations, or report card grades may not be used to exclude a student who otherwise qualifies for placement. These data points may be used alongside other criteria during placement to support identification, but may not be used to disqualify a student from being identified. Subjective measures shall be considered supplemental data, and must not be required for identification; and

(d) To the extent practicable, screening and assessments must be given in the native language of the student. If native language screening and assessments are not available, nonverbal screening and assessment must be used.

(2) Districts must consider at least two student data points during universal screening, which may include previously administered standardized, classroom-based, performance, cognitive, achievement assessments, or research-based behavior ratings scales. There is no requirement to administer a new assessment for the purpose of universal screening, however districts may do so if they desire.

(3) There is no single prescribed method for identification of students for highly capable services.

(4) Districts shall have a clearly defined and written assessment process.

(5) Consistent with RCW 28A.185.020, district practices for identifying highly capable students must prioritize equitable identification of low-income students. Districts must use multiple pathways for identification, local norms, and other equitable identification strategies per WAC 392-170-046.

(6) Any screenings or additional assessment must be conducted within the school day at the school that the student attends. Exceptions may occur on a case-by-case basis with consent of the parent or guardian. Exceptions may include additional assessment opportunities during the summer, outside of school hours, or at an alternative site. Districts must provide transportation for all exceptions. If a district conducts assessments at an alternative site during the regular school year, in addition to securing parent permission, district transportation must take place within the regular school day. Any assessments administered as part of universal screening during the regular school year must be given in the student's regular classroom.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-055, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 28A.150.290, 28A.185.030, and 28A.185.050. WSR 19-03-152, § 392-170-055, filed 1/22/19, effective 2/22/19. Statutory Authority: RCW 28A.185.050. WSR 18-03-012, § 392-170-055, filed 1/5/18, effective 2/5/18. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-055, filed 3/12/13, effective 4/12/13. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-055, filed 6/28/84.

Wash. Admin. Code § 392-170-057 Use of local norms.

Highly capable screening, identification, and placement decisions must be based on consideration of criteria benchmarked on local norms, when appropriate. Local norms may not be used as more restrictive criteria than national norms at the same percentile and must never be used to limit the number of students identified for highly capable services.

One purpose of local norms is to help districts identify the strengths and potential of historically underrepresented students, and to interpret scores on standardized assessments that reduce test bias from lack of exposure to what is measured by the assessment instrument. Local norms should increase the number of students identified from historically underrepresented groups.

Local norms may be calculated based on an entire school district, an individual school building, an underrepresented demographic group such as low-income students, or multilingual students; a combination of these methods may be used. Local norms are not to be calculated for racial groups or gender. Local norms shall be used when appropriate for all standardized, objective data points when a sufficient local reference group is available.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-057, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-060 Nondiscrimination in the use of tests.

All objective assessments used to determine placement in highly capable programs must be validated for measuring the abilities and skills they are intended to measure. Districts are to use appropriate instruments designed to reveal the advanced performance or potential of students.

All assessments shall be conducted by qualified district personnel who receive training to administer the assessment. Assessments must be given in an appropriate environment approved by the district assessment coordinator, following the protocol for proper administration using the assessment manual. If ratings scales are used, they must be validated by published, peer-reviewed research.

All IEP and/or section 504 plan accommodations shall be followed during the collection of data considered during the screening, identification, or placement process. Dyslexia screening measures may not be used to exclude students from highly capable services. Highly capable students may also have dyslexia. Be aware that dyslexia screening measures may inappropriately exclude students with disabilities from needed highly capable services, pursuant to chapter 28A.642 RCW. Dyslexia screening measures may be considered during identification to inform professional judgment for the purpose of including twice exceptional students.

If properly validated assessments are not available or student data are not conclusive, the professional judgment of the multidisciplinary placement committee shall determine eligibility of the student based on evidence of cognitive ability and/or academic achievement. This professional judgment shall be documented in writing. Professional judgment should be used to further equitable identification of historically underrepresented groups. Professional judgment may not be used to disqualify a student who is otherwise eligible for highly capable services.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-060, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-060, filed 3/12/13, effective 4/12/13. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-060, filed 6/28/84.

Wash. Admin. Code § 392-170-070 Multidisciplinary placement committee.

The multidisciplinary placement committee makes decisions for the placement of students in the district's highly capable program. Members of the multidisciplinary placement committee shall have orientation on current research about the equitable identification of highly capable students (including twice exceptional, multilingual, low-income, and other historically underrepresented groups); validity, reliability, calibration, and interpretation of assessment results (including local norms); and understanding of the highly capable services available for student placement. The multidisciplinary placement committee shall consist of the following professionals:

(1) A highly capable specialist or, if a highly capable specialist is not available, a classroom teacher shall be appointed;

(2) A psychologist or other qualified practitioner with the training to interpret cognitive and achievement test results;

(3) A certificated coordinator/administrator with responsibility for the supervision of the district's program for highly capable students; and

(4) Such additional professionals, if any, the district deems desirable.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-070, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-070, filed 3/12/13, effective 4/12/13. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-070, filed 6/28/84.

Wash. Admin. Code § 392-170-075 Placement of highly capable students for service.

Each school district's board of directors shall adopt an identification and placement policy, and shall establish written procedures to be used by the multidisciplinary placement committee for the placement of students who need accelerated learning and enhanced instruction. Such policy and placement procedures:

(1) Shall not violate federal and state civil rights laws including, without limitation, chapters 28A.640 and 28A.642 RCW;

(2) Shall place students into appropriate services in academic subjects based on the student's domain(s) of strength, to ensure that identification is aligned with services;

(3) Shall identify students based on consideration of multiple data points to determine which students require accelerated learning and enhanced instruction, per WAC 392-170-055. At a minimum, districts must identify students in the domains of language arts and math; districts may identify in additional domains if they desire. No student may be excluded without at least two objective data points demonstrating that the student would not benefit from accelerated learning and enhanced instruction in a domain (i.e., language arts and/or math). Districts must collect adequate data for every student, and students must not be disqualified or otherwise penalized for missing data;

(4) Shall facilitate students receiving needed services as soon as possible after data is collected. For incoming transfer students with prior placement in accelerated services, the multidisciplinary placement committee must consider any recent, applicable student data, as well as records from the sending school to enable prompt, appropriate placement in the receiving school;

(5) Shall be based on the professional judgment of the multidisciplinary placement committee to determine which students require service, and include a written record of identification and services for students who are placed; and

(6) Consistent with RCW 28A.185.020, district practices for identifying students who need accelerated learning and enhanced instruction must prioritize equitable identification of low-income students.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-075, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 28A.185.050. WSR 18-03-012, § 392-170-075, filed 1/5/18, effective 2/5/18. Statutory Authority: Chapter 28A.185 RCW. WSR 15-14-034, § 392-170-075, filed 6/23/15, effective 7/24/15
WSR 13-07-020, § 392-170-075, filed 3/12/13, effective 4/12/13. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-075, filed 6/28/84.

Wash. Admin. Code § 392-170-076 Process for appeal.

Each district shall have a clearly written procedure for appealing the multidisciplinary placement committee's decisions and publicly disseminate this procedure, including a link to the appeal form when a student decision is communicated to a parent/guardian. Appeals shall be available for students considered during universal screening procedures, as well as via referrals.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-076, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 15-14-034, § 392-170-076, filed 6/23/15, effective 7/24/15
WSR 13-07-020, § 392-170-076, filed 3/12/13, effective 4/12/13.

Wash. Admin. Code § 392-170-077 Exit procedures.

Students who are identified as highly capable must be provided opportunities for accelerated learning and enhanced instruction until they graduate from K-12 education. Districts must develop and publish a procedure for exiting students from highly capable services. Behavior, disabilities, lack of work completion, and poor attendance are not sufficient reasons to exit a student from highly capable services.

The exit procedure must include:

(1) A meeting with the parent/guardian of the student to discuss adjusting the highly capable service model to better match student needs;

(2) Discussion about possible disabilities to ensure that the student does not have an unrecognized or unsupported disability that impacts their access to highly capable services;

(3) Compelling student data that demonstrates that the student would no longer benefit from highly capable services. At least two objective data points in each area of highly capable qualification must be presented to exit a student in that subject domain;

(4) A multidisciplinary placement committee review of all available data to determine continued service placement for the student. Data points considered during this review must be documented in writing and shared with the parent/guardian prior to the multidisciplinary placement committee meeting; and

(5) A meeting with the parent/guardian of the student to communicate the outcome.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-077, filed 5/6/26, effective 6/6/26.

Wash. Admin. Code § 392-170-080 Educational program for highly capable students.

Districts shall make a variety of appropriate services available to students who are placed in the district's program for highly capable students. Once services are started, a continuum of services shall be provided to the student at all grade levels K-12 from identification through graduation. Teachers shall be informed of the outcome of highly capable identification. Districts may begin to provide differentiated services as soon as possible following identification. If the student placement is offered and requires a change in school building or classroom placement, parent/guardian permission is required prior to starting service. Otherwise, a parent/guardian will be notified, but permission is not required prior to providing services to identified students.

Each student identified as a highly capable student shall be provided educational opportunities which match such student's unique needs and capabilities, recognizing that students may have specific academic abilities within a single domain, such as in language arts, mathematics, or other content areas. Students shall be provided accelerated learning and enhanced instruction in academic subjects based on their identified domain(s) of strength. Students identified for reading strengths must receive accelerated learning and enhanced instruction in reading. Students identified for math must receive accelerated learning and enhanced instruction in math.

Students with disabilities who have an IEP or section 504 plan must have full access to accelerated learning and enhanced instruction in their identified domain(s) of strength, in addition to their indicated accommodations or specially designed instruction. Districts shall keep a description of the educational services/programs provided for students identified for placement. Consistent with WAC 392-170-077, districts shall not remove a student from accelerated learning and enhanced instruction services without conducting a formal exit process.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-080, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-080, filed 3/12/13, effective 4/12/13
WSR 98-12-002 (Order 98-07), § 392-170-080, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-080, filed 6/28/84.

Wash. Admin. Code § 392-170-083 Guidance aligned with evidence-based practices.

The superintendent of public instruction must disseminate guidance on best practices for highly capable programs that includes: Referral, screening, assessment, identification, and placement. The guidance must be regularly updated and aligned with evidence-based practices.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-083, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 28A.150.290, 28A.185.030, and 28A.185.050. WSR 19-03-152, § 392-170-083, filed 1/22/19, effective 2/22/19.

Wash. Admin. Code § 392-170-087 Program review and monitoring.

To ensure that school districts are meeting the requirements of this chapter, the superintendent of public instruction shall monitor district services/programs no less than once every five years. Monitoring under this section may be conducted concurrently with other program reviews. The reviews shall include the previous five years of end of year reports and monitor additional program components including:

(1) The process used by the district to identify students who need accelerated learning and enhanced instruction;

(2) The number of students who have been identified as highly capable, as well as the number of students who have been placed in highly capable services, disaggregated by demographic groups and grade levels, pursuant to RCW 28A.185.050;

(3) Assessment data and other indicators to determine the degree to which districts are meeting the academic needs of identified students; and

(4) Professional learning opportunities provided.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-087, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 28A.300.070. WSR 06-18-105, § 392-170-087, filed 9/6/06, effective 10/7/06.

Wash. Admin. Code § 392-170-090 End of year report.

Districts shall submit to the superintendent of public instruction at the close of each fiscal year an end of year report on forms provided by the superintendent of public instruction, which includes:

(1) A summary of the number of students served by grade level, level of service, and demographic group, in order to determine if the district's equitable identification goals have been met;

(2) Data to determine if students receiving highly capable services met the goals set and if the services provided met the academic needs of these students;

(3) Number and content of professional development activities provided for special teachers and general education staff working with highly capable students, and the number of educators who attended; and

(4) Program evaluation data and, if needed, program changes that will be made based upon this information.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-090, filed 5/6/26, effective 6/6/26. Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-090, filed 3/12/13, effective 4/12/13
WSR 98-12-002 (Order 98-07), § 392-170-090, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-090, filed 6/28/84.

Wash. Admin. Code § 392-170-095 District records.

Districts shall keep such records as are necessary to demonstrate compliance with this chapter and shall make such records available to authorized state personnel.

History

Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-095, filed 6/28/84.

Wash. Admin. Code § 392-170-097 Enabling OSPI data reporting.

Districts shall provide up-to-date student placement information via comprehensive education data and research system (CEDARS), so that accurate disaggregated demographic information for each district can be generated.

History

Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-097, filed 5/6/26, effective 6/6/26.

Chapter 392-172A Provision of special education services.

Wash. Admin. Code § 392-172A-01000 Authority.

The state authority for this chapter is RCW 28A.155.090(7). This authority enables the superintendent of public instruction to promulgate rules and regulations to implement chapter 28A.155 RCW. This authority is supplemented by RCW 28A.300.070 which authorizes the superintendent of public instruction to receive federal funds in accordance with the provisions of federal law. Federal authority for this chapter is 20 U.S.C. Sec. 1400 et seq., the Individuals with Disabilities Education Act.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01000, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01005 Purposes.

The purposes of this chapter are to:

(1) Implement chapter 28A.155 RCW consistent with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;

(2) Ensure that all students eligible for special education services have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

(3) Ensure that the rights of students eligible for special education services and their parents are protected;

(4) Assist school districts, educational service agencies and federal and state agencies to provide for the education of all students eligible for special education services; and

(5) Assess and ensure the effectiveness of efforts to educate students eligible for special education services.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01005, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01005, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01010 Applicability.

(1)(a) The provisions of this chapter apply to all political subdivisions and public institutions of the state that are involved in the education of students eligible for special education services, including:

(i) The office of superintendent of public instruction (OSPI) to the extent that it receives payments under Part B and exercises supervisory authority over the provision of the delivery of special education services by school districts and other public agencies;

(ii) School districts, charter schools, educational service agencies, and educational service districts; and

(iii) State residential education programs established and operated pursuant to chapter 28A.190 RCW, the Washington state school for the blind and the Washington center for deaf and hard of hearing youth established and operated pursuant to chapter 72.40 RCW, and education programs for juvenile inmates established and operated pursuant to chapters 28A.193 and 28A.194 RCW; and

(b) Are binding on each public agency or public institution in the state that provides special education and related services to students eligible for special education services, regardless of whether that agency is receiving funds under Part B of the act.

(2) Each school district, charter school, and educational service agency is responsible for ensuring that the rights and protections under Part B of the act are given to students eligible for special education services who are referred to or placed in private schools and facilities by that public agency under the provisions of WAC 392-172A-04080 through 392-172A-04110.

(3) Each school district and educational service agency is responsible for ensuring that the rights and protections under Part B of the act are given to students eligible for special education services who are placed in private schools by their parents under the provisions of WAC 392-172A-04000 through 392-172A-04060.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01010, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-01010, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01010, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01020 Act.

Act means Part B of the Individuals with Disabilities Education Act, as amended.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01020, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01025 Assistive technology device.

Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student eligible for special education services. The term does not include a medical device that is surgically implanted, or the replacement of such device.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01025, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01025, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01030 Assistive technology service.

Assistive technology service means any service that directly assists a student eligible for special education services in the selection, acquisition, or use of an assistive technology device. The term includes:

(1) The evaluation of the needs of a student, including a functional evaluation of the student in the student's customary environment;

(2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students eligible for special education services;

(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(5) Training or technical assistance for a student eligible for special education services or, if appropriate, that student's family; and

(6) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that student.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01030, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01030, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01031 Behavioral intervention plan.

A behavioral intervention plan is a plan incorporated into a student's IEP if determined necessary by the IEP team for the student to receive FAPE. The behavioral intervention plan, at a minimum, describes:

(1) The pattern of behavior(s) that impedes the student's learning or the learning of others;

(2) The instructional and/or environmental conditions or circumstances that contribute to the pattern of behavior(s) being addressed by the IEP team;

(3) The positive behavioral interventions and supports to:

(a) Reduce the pattern of behavior(s) that impedes the student's learning or the learning of others and increases the desired prosocial behaviors;

(b) Ensure the consistency of the implementation of the positive behavioral interventions across the student's school-sponsored instruction or activities;

(4) The skills that will be taught and monitored as alternatives to challenging behavior(s) for a specific pattern of behavior of the student.

History

Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-01031, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-01032 Charter school.

A charter school means a public school governed by a charter school board and operated according to the terms of a charter contract executed under chapter 28A.710 RCW and includes a new charter school and a conversion charter school. A charter school also has the same meaning given in section 5210(1) of the Elementary and Secondary Education Act of 1965, as amended, 29 U.S.C. 6301, et. seq.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-01032, filed 9/24/13, effective 10/25/13.

Wash. Admin. Code § 392-172A-01035 Child with a disability or student eligible for special education services.

(1)(a) Child with a disability or as used in this chapter, a student eligible for special education services means a student who has been evaluated and determined to need special education services because of having a disability in one of the following eligibility categories: Intellectual disability, deafness (including hard of hearing), a speech or language impairment, a visual impairment (including blindness), an emotional/behavioral disability, an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deafblindness, multiple disabilities, or for students, three through nine, a developmental delay and who, because of the disability and adverse educational impact, has unique needs that cannot be addressed exclusively through education in general education classes with or without individual accommodations, and needs special education and related services.

(b) For purposes of providing a student with procedural safeguard protections identified in WAC 392-172A-05015, the term, "student eligible for special education services" also includes a student whose identification, evaluation or placement is at issue.

(c) If it is determined, through an appropriate evaluation, that a student has one of the disabilities identified in (a) of this subsection, but only needs a related service and not special education services, the student is not a student eligible for special education services under this chapter. School districts and other public agencies must be aware that they have obligations under other federal and state civil rights laws and rules, including 29 U.S.C. 764, RCW 49.60.030, and 43 U.S.C. 12101 that apply to students who have a disability regardless of the student's eligibility for special education and related services.

(d) Speech and language pathology, audiology, physical therapy, and occupational therapy services, may be provided as specially designed instruction, if the student requires those therapies as specially designed instruction, and meets the eligibility requirements which include a disability, adverse educational impact and need for specially designed instruction. They are provided as a related service under WAC 392-172A-01155 when the service is required to allow the student to benefit from specially designed instruction.

(e) Special education services may not be solely based on the disability category for which the student is eligible.

(2) The terms used in subsection (1)(a) of this section are defined as follows:

(a)(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a student's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

(ii) Autism does not apply if a student's educational performance is adversely affected primarily because the student has an emotional/behavioral disability, as defined in subsection (2)(e) of this section.

(iii) A student who manifests the characteristics of autism after age three could be identified as having autism if the criteria in (a)(i) of this subsection are satisfied.

(b) Deafblindness means concomitant deafness and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that a student's educational performance is adversely affected and the student cannot be accommodated in special education programs solely for students with deafness or students with blindness.

(c) Deafness means a student who is deaf or hard of hearing which manifests in severe difficulty processing linguistic information through hearing, with or without amplification, that adversely affects a student's educational performance.

(d)(i) Developmental delay means a student three through nine who is experiencing developmental delays that adversely affect the student's educational performance in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development or adaptive development and who demonstrates a delay on a standardized norm referenced test, with a test-retest or split-half reliability of .80 that is at least:

(A) Two standard deviations below the mean in one or more of the five developmental areas; or

(B) One and one-half standard deviations below the mean in two or more of the five developmental areas.

(ii) The five developmental areas for students with a developmental delay are:

(A) Cognitive development: Comprehending, remembering, and making sense out of one's experience. Cognitive ability is the ability to think and is often thought of in terms of intelligence;

(B) Communication development: The ability to effectively use or understand age-appropriate language, including vocabulary, grammar, and speech sounds;

(C) Physical development: Fine and/or gross motor skills requiring precise, coordinated, use of small muscles and/or motor skills used for body control such as standing, walking, balance, and climbing;

(D) Social or emotional development: The ability to develop and maintain functional interpersonal relationships and to exhibit age appropriate social and emotional behaviors; and

(E) Adaptive development: The ability to develop and exhibit age-appropriate self-help skills, including independent feeding, toileting, personal hygiene and dressing skills.

(iii) A school district is not required to adopt and use the category "developmentally delayed" for students, three through nine.

(iv) If a school district uses the category "developmentally delayed," the district must conform to both the definition and age range of three through nine, established under this section.

(v) School districts using the category "developmentally delayed," for students three through nine may also use any other eligibility category.

(vi) Students who qualify under the developmental delay eligibility category must be reevaluated before age ten and determined eligible for services under one of the other eligibility categories in order to continue receiving special education services.

(vii) The term "developmentally delayed, birth to three years" are those infants and toddlers under three years of age who:

(A) Meet the eligibility criteria established by the state lead agency under Part C of IDEA; and

(B) Are in need of early intervention services under Part C of IDEA. Infants and toddlers who qualify for early intervention services must be evaluated prior to age three in order to determine eligibility for special education and related services.

(e)(i) Emotional/behavioral disability means a condition where the student exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student's educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

(ii) Emotional/behavioral disability includes schizophrenia and other psychiatric conditions. The term does not apply to students who are socially maladjusted, unless it is determined that they have an emotional/behavioral disability under (e)(i) of this subsection.

(f) Hard of hearing means difficulty hearing, whether permanent or fluctuating, that adversely affects a student's educational performance but that is not included under the definition of deafness in this section.

(g) Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a student's educational performance.

(h) Multiple disabilities means concomitant impairments, the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term, multiple disabilities does not include deafblindness.

(i) Orthopedic impairment means a severe orthopedic impairment that adversely affects a student's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

(j) Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:

(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a student's educational performance.

(k)(i) Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia, that adversely affects a student's educational performance.

(ii) Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

(l) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a student's educational performance.

(m) Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

(n) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a student's educational performance. The term includes both partial sight and blindness.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01035, filed 9/14/21, effective 1/1/22
WSR 17-23-054, § 392-172A-01035, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-01035, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-01035, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01035, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01040 Consent.

(1) Consent means that:

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;

(b) The parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes that activity. This includes a list of any records that will be released, and to whom they will be released, or records that will be requested and from whom; and

(c) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

(2) If a parent revokes consent, that revocation is not retroactive. This means that it does not undo an action that occurred after consent was given and before the consent was revoked.

(3) If the parent revokes consent in writing for their child's receipt of special education services after the student is initially provided special education and related services, the school district is not required to amend the student's education records to remove any references to the student's receipt of special education and related services because of the revocation of consent.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-01040, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01040, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01050 Day—Business day—School day.

(1) Day means calendar day unless otherwise indicated as business day or school day.

(2) Business day means Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of a business day, in other sections of this chapter.

(3) School day means any day, including a partial day that students are in attendance at school for instructional purposes, including students with and without disabilities.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01050, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01055 Educational service agency.

Educational service agency means:

(1) A regional public multiservice agency:

(a) Authorized to develop, manage, and provide services or programs to students eligible for special education services within school districts;

(b) Recognized as an administrative agency by the OSPI for purposes of the provision of special education and related services provided within public elementary schools and secondary schools; and

(2) Includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01055, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-01055, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01055, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01060 Elementary or secondary school.

Elementary or secondary school means a public school, a nonprofit institutional day or residential school including a private school, and a public charter school that provides education to students in any combination of kindergarten through twelfth grade. The definition does not include any education beyond grade twelve.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-01060, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-01060, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01060, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01062 English learner.

English learner has the meaning given the term in 20 U.S.C. Section 7801(20). The term "English learner," when used with respect to an individual, means an individual:

(1) Who is aged three through twenty-one;

(2) Who is enrolled or preparing to enroll in an elementary school or secondary school;

(3)(a) Who was not born in the United States or whose native language is a language other than English;

(b)(i) Who is a Native American or Alaska native, or a native resident of the outlying areas; and

(ii) Who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

(c) Who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

(4) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:

(a) The ability to meet the challenging state academic standards;

(b) The ability to successfully achieve in classrooms where the language of instruction is English; or

History

Statutory Authority: RCW 28A.155.090. WSR 17-23-054, § 392-172A-01062, filed 11/9/17, effective 12/10/17.

Wash. Admin. Code § 392-172A-01065 Equipment.

Equipment means:

(1) Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and

(2) All other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01065, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01070 Evaluation.

Evaluation means procedures used in accordance with WAC 392-172A-03005 through 392-172A-03080 to determine whether a student has a disability and the nature and extent of the special education and related services that the student needs.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01070, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01075 Excess costs.

Excess costs means those costs that are in excess of the average annual per-student expenditure in a school district during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting:

(1) Amounts received:

(a) Under Part B of the act;

(b) Under Part A of Title I of the ESEA; and

(2) Any state or local funds expended for programs that would qualify for assistance under any of the parts described in subsection (1) of this section, but excluding any amounts for capital outlay or debt service.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01075, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01080 Free appropriate public education.

Free appropriate public education or FAPE means special education and related services that:

(1) Are provided at public expense, under public supervision and direction, and without charge;

(2) Meet the standards of the OSPI, and the act;

(3) Include an appropriate preschool, elementary school, or secondary school education in the state; and

(4) Are provided in conformity with an individualized education program (IEP) that meets the requirements of WAC 392-172A-03090 through 392-172A-03135.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01080, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01090 Homeless children.

Homeless children has the meaning given the term homeless children and youths in section 725 (42 U.S.C. Sec. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. Sec. 11431 et seq.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01090, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01092 Imminent.

Imminent as defined in RCW 71.05.020 means: The state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01092, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-01092, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-01095 Include.

Include means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01095, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01100 Individualized education program.

Individualized education program or IEP means a written statement of an educational program for a student eligible for special education services that is developed, reviewed, and revised in accordance with WAC 392-172A-03090 through 392-172A-03135.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01100, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01100, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01105 Individualized education program team.

Individualized education program team or IEP team means a group of individuals described in WAC 392-172A-03095, responsible for developing, reviewing, or revising an IEP.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01105, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01107 Isolation.

Isolation as defined in RCW 28A.600.485 means: Restricting the student alone within a room or any other form of enclosure, from which the student may not leave. It does not include a student's voluntary use of a quiet space for self-calming, or temporary removal of a student from his or her regular instructional area to an unlocked area for purposes of carrying out an appropriate positive behavior intervention plan.

History

Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-01107, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-01109 Likelihood of serious harm.

Likelihood of serious harm as defined in RCW 71.05.020 means:

(1) A substantial risk that:

(a) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to die by suicide, or inflict physical harm on oneself;

(b) Physical harm will be inflicted by a person upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

(c) Physical harm will be inflicted by a person upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or

(2) The person has threatened the physical safety of another and has a history of one or more violent acts.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01109, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-01109, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-01115 Local educational agency or school district.

(1) Local educational agency or the term "school district" as used in this chapter, means a public board of education or other public authority legally constituted for either administrative control or direction of, or to perform a service function for, any combination of public elementary and secondary schools, or for a combination of school districts.

(2) The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including charter schools, educational service agencies, the Washington center for deaf and hard of hearing youth, and the Washington state school for the blind.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01115, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-01115, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01115, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01120 Native language.

(1) Native language, when used with respect to an individual who is an English learner, means the following:

(a) The language normally used by that individual, or, in the case of a student, the language normally used by the parents of the student, except as provided in (b) of this subsection.

(b) In all direct contact with a student (including evaluation of the student), the language normally used by the student in the home or learning environment.

(2) For an individual with blindness or who is deaf or hard of hearing, or for an individual with no written language, the mode of communication is that normally used by the individual, such as sign language, Braille, or oral communication.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01120, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-01120, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01120, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01125 Parent.

(1) Parent means:

(a) A biological or adoptive parent of a child;

(b) A foster parent;

(c) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the student, but not the state, if the student is a ward of the state;

(d) An individual acting in the place of a biological or adoptive parent including a grandparent, stepparent, or other relative with whom the student lives, or an individual who is legally responsible for the student's welfare; or

(e) A surrogate parent who has been appointed in accordance with WAC 392-172A-05130.

(2)(a) Except as provided in (b) of this subsection, if the biological or adoptive parent is attempting to act as the parent under this chapter, and when more than one party meets the qualifications to act as a parent, the biological or adoptive parent must be presumed to be the parent unless he or she does not have legal authority to make educational decisions for the student.

(b) If a judicial decree or order identifies a specific person or persons under subsection (1)(a) through (d) of this section to act as the "parent" of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the "parent" for purposes of this section.

(3) The use of the term, "parent," includes adult students whose rights have transferred to them pursuant to WAC 392-172A-05135.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01125, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01130 Parent training and information center.

Parent training and information center means a center assisted under sections 671 or 672 of the act.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01130, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01135 Part-time enrollment.

Part-time enrollment means a student eligible for special education services who is home schooled or attends private school, and whose parent chooses to enroll the student in his or her resident school district for special education or related services pursuant to RCW 28A.150.350 and chapter 392-134 WAC.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01135, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01135, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01140 Personally identifiable.

Personally identifiable means information that contains:

(1) The name of the student, the student's parent, or other family member;

(2) The address of the student;

(3) A personal identifier, such as the student's Social Security number or student number; or

(4) A list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01140, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01142 Positive behavioral interventions.

Positive behavioral interventions are strategies and instruction that can be implemented in a systematic manner in order to provide alternatives to challenging behaviors, reinforce desired behaviors, and reduce or eliminate the frequency and severity of challenging behaviors. Positive behavioral interventions include the consideration of environmental factors that may trigger challenging behaviors and teaching a student the skills to manage his or her own behavior.

History

Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-01142, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-01145 Private school.

Private school means a nonpublic school or nonpublic school district conducting a program consisting of kindergarten and at least grade one, or a program of any combination of grades one through twelve and meeting:

(1) Minimum state board private school approval standards as outlined in chapter 180-90 WAC; and

(2) The definition of elementary and secondary schools in WAC 392-172A-01060.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-01145, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01145, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01150 Public agency.

Public agency includes school districts, educational service agencies, charter schools, state operated programs identified in WAC 392-172A-02000 and any other political subdivisions of the state that are responsible for providing special education or related services or both to students eligible for special education services.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01150, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-01150, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01150, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01152 Regular early childhood program.

Regular early childhood program means a program that includes fifty percent or more children who do not have an IEP. Programs may include, but are not limited to, the following: Head start; early childhood education and assistance program (ECEAP); transitional kindergarten; kindergarten; preschool classes offered to an eligible prekindergarten population by the public school system; private kindergartens or preschools; group child development centers; or child care.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01152, filed 9/14/21, effective 10/15/21.

Wash. Admin. Code § 392-172A-01155 Related services.

(1) Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a student eligible for special education services to benefit from special education services, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in students, counseling services, including rehabilitation counseling, orientation and mobility services, behavioral services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

(2) Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device, or the replacement of that device. Nothing in this subsection:

(a) Limits the right of a student with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this section) that are determined by the IEP team to be necessary for the student to receive FAPE;

(b) Limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the student, including breathing, nutrition, or operation of other bodily functions, while the student is transported to and from school or is at school; or

(c) Prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly.

(3) Individual related services terms used in this definition are defined as follows:

(a) Audiology includes:

(i) Identification of students with hearing loss;

(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

(iii) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip reading), hearing evaluation, and speech conservation;

(iv) Creation and administration of programs for prevention of hearing loss;

(v) Counseling and guidance of students, parents, and teachers regarding hearing loss; and

(vi) Determination of students' needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

(b) Counseling services means services provided by qualified social workers, psychologists, school counselors, or other qualified personnel.

(c) Early identification and assessment of disabilities in students means the implementation of a formal plan for identifying a disability as early as possible in a student's life.

(d) Interpreting services includes:

(i) Oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell for students who are deaf or hard of hearing; and

(ii) Special interpreting services for students who are deafblind.

(e) Medical services means services provided by a licensed physician to determine a student's medically related disability that results in the student's need for special education and related services.

(f) Occupational therapy means services provided by a qualified occupational therapist and includes:

(i) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;

(ii) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and

(iii) Preventing through early intervention, initial or further impairment or loss of function.

(g) Orientation and mobility services means services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and can include teaching the student:

(i) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);

(ii) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;

(iii) To understand and use remaining vision and distance low vision aids; and

(iv) Other concepts, techniques, and tools.

(h) Parent counseling and training means assisting parents in understanding the special needs of their child; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.

(i) Physical therapy means services provided by a qualified physical therapist.

(j) Psychological services includes:

(i) Administering psychological and educational tests, and other assessment procedures;

(ii) Interpreting assessment results;

(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;

(iv) Consulting with other staff members in planning school programs to meet the special educational service needs of students as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;

(v) Planning and managing a program of psychological services, including psychological counseling for students and parents; and

(vi) Assisting in developing positive behavioral intervention strategies.

(k) Recreation includes:

(i) Assessment of leisure function;

(ii) Therapeutic recreation services;

(iii) Recreation programs in schools and community agencies; and

(iv) Leisure education.

(l) Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. Sec. 701 et seq.

(m) School health services and school nurse services means health services that are designed to enable a student eligible for special education services to receive FAPE as described in the student's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.

(n) Social work services in schools includes:

(i) Preparing a social or developmental history on a student eligible for special education services;

(ii) Group and individual counseling with the student and family;

(iii) Working in partnership with parents and others on those problems in a student's living situation (home, school, and community) that affect the student's adjustment in school;

(iv) Mobilizing school and community resources to enable the student to learn as effectively as possible in his or her educational program; and

(v) Assisting in developing positive behavioral intervention strategies.

(o) Speech-language pathology services includes:

(i) Identification of children with speech or language impairments;

(ii) Diagnosis and appraisal of specific speech or language impairments;

(iii) Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;

(iv) Provision of speech and language services for the habilitation or prevention of communicative impairments; and

(v) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.

(p) Transportation includes:

(i) Travel to and from school and between schools;

(ii) Travel in and around school buildings; and

(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a student eligible for special education services.

(q) Behavioral services means any services described in an IEP that specifically supports a student's behavioral needs.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01155, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01155, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01160 Residency or resident student.

Residency or resident student has the same meaning as is defined in WAC 392-137-115.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01160, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01162 Restraint.

Restraint as defined in RCW 28A.600.485 means: Physical intervention or force used to control a student, including the use of a restraint device to restrict a student's freedom of movement. It does not include appropriate use of a prescribed medical, orthopedic, or therapeutic device when used as intended, such as to achieve proper body position, balance, or alignment, or to permit a student to participate in activities safely.

History

Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-01162, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-01163 Restraint device.

Restraint device as defined in RCW 28A.600.485 means: A device used to assist in controlling a student including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers, or batons. This section shall not be construed as encouraging the use of these devices. A restraint device does not include a seat harness used to transport a student safely or other safety devices, including safety belts for wheelchairs, changing tables, booster seats, and other ambulatory or therapeutic devices when used for the purpose intended for the safety of a student.

History

Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-01163, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-01165 Scientifically based research.

Scientifically based research:

(1) Means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and

(2) Includes research that:

(a) Employs systematic, empirical methods that draw on observation or experiment;

(b) Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

(c) Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;

(d) Is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random assignment experiments, or other designs to the extent that those designs contain within condition or across condition controls;

(e) Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and

(f) Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01165, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01170 Services plan.

Services plan means a written statement that describes the special education and related services the school will provide to a parentally placed student eligible for special education services who is enrolled in an approved, nonprofit private elementary or secondary school who has been designated to receive services. The plan will include the location of the services and any transportation necessary. The plan will be developed using the procedures for development and implementation of an IEP.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01170, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01170, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01175 Special education services.

(1) Special education services means specially designed instruction, at no cost to the parents, to meet the unique needs of a student eligible for special education services, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education.

(2) Special education services includes:

(a) The provision of speech-language pathology, occupational therapy, audiology, and physical therapy service as defined in WAC 392-172A-01155 when it meets the criteria in WAC 392-172A-01035 (1)(c);

(b) Travel training; and

(3) The terms in this section are defined as follows:

(a) At no cost means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the general education program.

(b) Physical education means the development of:

(i) Physical and motor fitness;

(ii) Fundamental motor skills and patterns; and

(iii) Skills in aquatics, dance, and individual and group games and sports including intramural and lifetime sports; and

(iv) Includes special physical education, adapted physical education, movement education, and motor development.

(c) Specially designed instruction means adapting, as appropriate to the needs of an eligible student, the content, methodology, or delivery of instruction:

(i) To address the unique needs of the student that result from the student's disability; and

(ii) To ensure access of the student to the general curriculum, so that the student can meet the educational standards within the jurisdiction of the public agency that apply to all students.

(d) Travel training means providing instruction, as appropriate, to students with significant cognitive disabilities, and any other eligible students who require this instruction, to enable them to:

(i) Develop an awareness of the environment in which they live; and

(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

(e) Vocational education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01175, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01175, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01180 State educational agency.

State educational agency or SEA means the office of superintendent of public instruction (OSPI).

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01180, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01185 Supplementary aids and services.

The term "supplementary aids and services" means aids, services, and other supports that are provided in education-related settings to enable students eligible for special education services to be educated with nondisabled students to the maximum extent appropriate in accordance with the least restrictive environment requirements in WAC 392-172A-02050 through 392-172A-02065.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01185, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01185, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01190 Transition services.

(1) Transition services means a coordinated set of activities for a student eligible for special education services that:

(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate his or her movement from school to post-school activities, including postsecondary education, vocational education, integrated employment, supported employment, continuing and adult education, adult services, independent living, or community participation;

(b) Is based on the individual student's needs, taking into account the student's strengths, preferences, and interests; and includes:

(i) Instruction;

(ii) Related services;

(iii) Community experiences;

(iv) The development of employment and other post-school adult living objectives; and

(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(2) Transition services for students eligible for special education services may be special education services, if provided as specially designed instruction, or a related service, if required to assist a student eligible for special education services to benefit from special education services.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01190, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01190, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01195 Universal design.

The term universal design has the meaning given the term in section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. Sec. 3002. It means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01195, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-01197 Universal design for learning.

Universal design for learning (UDL) is a framework to improve and optimize teaching and learning for all students based on research showing how students learn. The goal of UDL is to use a variety of teaching methods to remove and reduce barriers to learning and provide each student with opportunities to be successful through instructional flexibility that can be adjusted.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01197, filed 9/14/21, effective 10/15/21.

Wash. Admin. Code § 392-172A-01200 Ward of the state.

Ward of the state means a student within the jurisdiction of the department of children, youth, and families, children's administration through shelter care, dependency or other proceedings to protect abused and neglected children, except that it does not include a foster child who has a foster parent who meets the definition of a parent in WAC 392-172A-01125.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01200, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01200, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02000 Students' rights to a free appropriate public education (FAPE).

(1) Each school district and residential or day schools operated under chapters 28A.190 and 72.40 RCW shall provide every student who is eligible for special education services between the age of three and twenty-one years, a free appropriate public education program (FAPE). The right to a FAPE includes special education services for students who have been suspended or expelled from school. A FAPE is also available to any student determined eligible for special education services even though the student has not failed or been retained in a course or grade and is advancing from grade to grade. The right to special education services for eligible students starts on their third birthday with an IEP in effect by that date. If an eligible student's third birthday occurs during the summer, the student's IEP team shall determine the date when services under the individualized education program will begin.

(2) A student who is determined eligible for special education services shall remain eligible until one of the following occurs:

(a) A group of qualified professionals and the parent of the student, based on a reevaluation, determines the student is no longer eligible for special education services; or

(b) The student has met high school graduation requirements established by the school district pursuant to rules of the state board of education, and the student has graduated from high school with a regular high school diploma. A regular high school diploma does not include a certificate of high school completion, or a general educational development credential. Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with WAC 392-172A-05010; or

(c) The student enrolled in the public school system or is receiving services pursuant to chapter 28A.190 or 72.40 RCW has reached age twenty-one. The student whose twenty-first birthday occurs on or before August 31 would no longer be eligible for special education services. The student whose twenty-first birthday occurs after August 31, shall continue to be eligible for special education and any necessary related services for the remainder of the school year; or

(d) The student stops receiving special education services based upon a parent's written revocation to a school district pursuant to WAC 392-172A-03000 (2)(e).

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02000, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-02000, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-02000, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02000, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02005 Exceptions to a student's right to FAPE.

(1) A student eligible for special education services residing in a state adult correctional facility is eligible for special education services pursuant to chapter 28A.193 RCW. The department of corrections is the agency assigned supervisory responsibility by the governor's office for any student not served pursuant to chapter 28A.193 RCW.

(2)(a) Students determined eligible for special education services and incarcerated in other adult correctional facilities will be provided special education and related services under chapter 28A.194 RCW.

(b) Subsection (2)(a) of this section does not apply to students aged eighteen to twenty-one if they:

(i) Were not actually identified as being a student eligible for special education services; and

(ii) Did not have an IEP; unless the student:

(A) Had been identified as a student eligible for special education services and had received services in accordance with an IEP, but who left school prior to incarceration; or

(B) Did not have an IEP in his or her last education setting, but who had actually been identified as a student eligible for special education services.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02005, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-02005, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02005, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02010 Methods of payment for FAPE.

(1) If the delivery of services in a public or private residential educational program is necessary to provide special education services to an eligible student, the program, including nonmedical care and room and board, must be at no cost to the parents of the student. Nothing in this chapter limits the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of a FAPE to students eligible for special education services.

(2) Nothing in this chapter relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to students eligible for special education services.

(3) Consistent with the IEP provisions in this chapter, the OSPI shall ensure that there is no delay in implementing a student's IEP, including any case in which the payment source for providing or paying for special education and related services to the student is being determined.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02010, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02010, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02015 Availability of assistive technology.

(1) Each school district shall ensure that assistive technology devices or assistive technology services, or both, are made available to a student eligible for special education services if required as part of the student's:

(a) Special education services;

(b) Related services; or

(2) On a case-by-case basis, the use of school-purchased assistive technology devices in a student's home or in other settings is required if the student's IEP team determines that the student needs access to those devices in order to receive FAPE.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02015, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02015, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02020 Extended school year services.

(1) Extended school year services means services meeting state standards contained in this chapter that are provided to a student eligible for special education services:

(a) Beyond the normal school year;

(b) In accordance with the student's IEP; and

(2) School districts must ensure that extended school year services are available when necessary to provide a FAPE to a student eligible for special education services.

(3) Extended school year services must be provided only if the student's IEP team determines on an individual basis that the services are necessary for the provision of FAPE to the student.

(4) A school district may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount or duration of those services.

(5) The purpose of extended school year services is the maintenance of the student's learning skills or behavior, not the teaching of new skills or behaviors.

(6) School districts must develop criteria for determining the need for extended school year services that include regression and recoupment time based on documented evidence, or on the determinations of the IEP team, based upon the professional judgment of the team and consideration of factors including the nature and severity of the student's disability, rate of progress, and emerging skills, with evidence to support the need.

(7) For the purposes of subsection (6) of this section:

(a) Regression means significant loss of skills or behaviors if educational services are interrupted in any area specified on the IEP;

(b) Recoupment means the recovery of skills or behaviors to a level demonstrated before interruption of services specified on the IEP.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02020, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02025 Nonacademic services.

(1) Each school district must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the student's IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford students eligible for special education services an equal opportunity for participation in those services and activities.

(2) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02025, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02025, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02030 Physical education.

(1) Physical education services, specially designed if necessary, must be made available to every student receiving FAPE.

(2) Each student eligible for special education services must be afforded the opportunity to participate in the general physical education program available to students who are not disabled unless:

(a) The student is enrolled full time in a separate facility; or

(b) The student needs specially designed physical education, as described in the student's individualized education program.

(3) If specially designed physical education is required in a student's individualized education program, the school district shall ensure that the public agency responsible for the education of that student provides the service directly, or makes arrangements for it to be provided through other public or private programs.

(4) The school district shall ensure that any student eligible for special education services who is enrolled in a separate facility will be provided with appropriate physical education services.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02030, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02030, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02035 Program options.

Each school district shall ensure that its students eligible for special education services have available to them the variety of educational programs and services available to nondisabled students in the school district's area, including art, music, and career and technical education.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02035, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02035, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02040 Child find.

(1) School districts shall conduct child find activities calculated to reach all students with a suspected disability for the purpose of locating, evaluating and identifying students who are in need of special education and related services, regardless of the severity of their disability. The child find activities shall extend to students residing within the school district boundaries whether or not they are enrolled in the public school system; except that students attending approved nonprofit private elementary or secondary schools located within the school district boundaries shall be located, identified and evaluated consistent with WAC 392-172A-04005. School districts will conduct any required child find activities for infants and toddlers, consistent with the child find requirements of the lead agency for Part C of the act.

(2) Child find activities must be calculated to reach students who are homeless, wards of the state, highly mobile students with disabilities, such as homeless and migrant students and students who are suspected of being a student with a disability and in need of special education services, even though they are advancing from grade to grade.

(3) The school district shall have policies and procedures in effect that describe the methods it uses to conduct child find activities in accordance with subsections (1) and (2) of this section. Methods used may include, but are not limited to, activities such as:

(a) Providing written notification to all parents of students in the school district's jurisdiction regarding access to and the use of its child find system;

(b) Posting notices in school buildings, other public agency offices, medical facilities, and other public areas, describing the availability of child find;

(d) Conducting local media informational campaigns;

(e) Coordinating distribution of information with other child find programs within public and private agencies; and

(f) Using internal district child find methods such as screening, reviewing district-wide test results, providing in-service education to staff, and other methods developed by the school district to identify, locate and evaluate students including a systematic, intervention based, process within general education for determining the need for a special education services referral.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02040, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-02040, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-02040, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02040, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02045 Routine checking of hearing aids and external components of surgically implanted medical devices.

(1) Hearing aids. Each school district must ensure that hearing aids worn in school by students who are deaf or hard of hearing are functioning properly.

(2) External components of surgically implanted medical devices. Each school district must ensure that the external components of surgically implanted medical devices are functioning properly.

(3) A school district is not responsible for the postsurgical maintenance, programming, or replacement of the medical device that has been surgically implanted or of an external component of the surgically implanted medical device.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02045, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02045, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02050 Least restrictive environment.

Subject to the exceptions for students in adult correctional facilities, school districts shall ensure that the provision of services to each student eligible for special education services, including preschool students and students in public or private institutions or other care facilities, shall be provided:

(1) To the maximum extent appropriate in the general education environment with students who are nondisabled; and

(2) Special classes, separate schooling or other removal of students eligible for special education services from the general educational environment occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(3) The public agency responsible for providing FAPE to a preschool child with a disability must ensure that FAPE is provided in the least restrictive environment where the child's unique needs (as described in the child's IEP) can be met, regardless of whether the local education agency operates public preschool programs for children without disabilities. Least restrictive environment must be determined based on each individual child's needs and should not automatically be developmental preschool.

(4) For children ages three to five, a general education environment is a regular early childhood program as defined in WAC 392-172A-01152.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02050, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02050, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02055 Continuum of alternative placements.

(1) Each school district shall ensure that a continuum of alternative placements is available to meet the special education and related services needs of students eligible for special education services between the ages of three and twenty-one years old.

(2) The continuum required in this section for eligible students kindergarten (including five year olds in kindergarten) through age twenty-one must:

(a) Include the placements listed in the definition of special education services in WAC 392-172A-01175, such as instruction in general education classes, special education classes, special schools, home instruction, and instruction in hospitals and institutions; and

(b) Make provision for supplementary services such as resource room or itinerant instruction to be provided in conjunction with general education classroom placement.

(3) The continuum of alternative placements a public agency providing special education and related services to a preschool child with a disability may include, but is not limited to, the following:

(a) Providing opportunities for the participation of preschool children with disabilities in preschool programs operated by public agencies other than school districts (such as head start or community-based child care);

(b) Enrolling preschool children with disabilities in private preschool programs for nondisabled preschool children;

(d) Providing services and instruction in the home.

(4) If a public agency determines that placement in a private preschool program is necessary for a child with a disability to receive FAPE, the public agency must make that program available at no cost to the parent.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02055, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02055, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02060 Placements.

(1) When determining the educational placement of a student eligible for special education services including a preschool student, the placement decision shall be determined annually and made by a group of persons, including the parents, and other persons knowledgeable about the student, the evaluation data, and the placement options.

(2) The selection of the appropriate placement for each student shall be based upon:

(a) The student's IEP;

(b) The least restrictive environment requirements contained in WAC 392-172A-02050 through 392-172A-02070, including this section;

(c) The placement option(s) that provides a reasonably high probability of assisting the student to attain his or her annual goals; and

(d) A consideration of any potential harmful effect on the student or on the quality of services which he or she needs.

(3) Unless the IEP of a student requires some other arrangement, the student shall be educated in the school that he or she would attend if nondisabled. In the event the student needs other arrangements, placement shall be as close as possible to the student's home.

(4) A student shall not be removed from education in age-appropriate general classrooms solely because of needed modifications in the general education curriculum.

(5) Notwithstanding subsections (1) through (4) of this section, an IEP team, or other team making placement decisions for a student convicted as an adult and receiving educational services in an adult correctional facility, may modify the student's placement if there is a demonstrated bona fide security or compelling penological interest that cannot otherwise be accommodated.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02060, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02060, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02065 Nonacademic settings.

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, each public agency must ensure that each student eligible for special education services participates with nondisabled students in the extracurricular services and activities to the maximum extent appropriate to the needs of that student. The public agency must ensure that each student eligible for special education services has the supplementary aids and services determined by the student's IEP team to be appropriate and necessary for the student to participate in nonacademic settings.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02065, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02065, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02070 Students in public or private institutions.

The state shall make arrangements with public and private institutions as may be necessary to ensure that the least restrictive environment provisions in this chapter are effectively implemented.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02070, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02075 Prohibition on mandatory medication.

(1) School district personnel are prohibited from requiring parents to obtain a prescription for the following substances as a condition of a student attending school, participating in school district sponsored activities, receiving an evaluation, or receiving special education services:

(a) Substances identified under Schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. Sec. 812(c));

(b) Substances identified under Schedules I, II, III, IV, or V of the Uniform Controlled Substances Act (chapter 69.50 RCW); and

(2) Nothing in subsection (1) of this section shall be construed to create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services.

History

Statutory Authority: RCW 28A.155.090. WSR 18-03-063, § 392-172A-02075, filed 1/11/18, effective 2/11/18. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02075, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02076 Prohibited practices.

(1) School district personnel are prohibited from using aversive interventions with a student eligible for special education services, and are prohibited from physically restraining or isolating any student, except when the student's behavior poses an imminent likelihood of serious harm as defined in WAC 392-172A-01092 and 392-172A-01109.

(2) There are certain practices that are manifestly inappropriate by reason of their offensive nature or their potential negative physical consequences, or their illegality. The purpose of this section is to prohibit the use of certain practices with students eligible for special education services as follows:

(a) Electric current. No student may be stimulated by contact with electric current including, but not limited to, tasers.

(b) Food services. A student who is willing to consume subsistence food or liquid when the food or liquid is customarily served must not be denied or subjected to an unreasonable delay in the provision of the food or liquid.

(c)(i) Force and restraint in general. A district must not use force or restraint that is either unreasonable under the circumstances or deemed to be an unreasonable form of corporal punishment as a matter of state law. See RCW 9A.16.100, which prohibits the following uses of force or restraint including:

(A) Throwing, kicking, burning, or cutting a student.

(B) Striking a student with a closed fist.

(D) Interfering with a student's breathing.

(E) Threatening a student with a deadly weapon.

(F) Doing any other act that is likely to cause bodily harm to a student greater than transient pain or minor temporary marks.

(ii) The statutory listing of worst case uses of force or restraint described in this subsection may not be read as implying that all unlisted uses (e.g., shaking a four year old) are permissible. Whether or not an unlisted use of force or restraint is permissible depends upon such considerations as the balance of these rules, and whether the use is reasonable under the circumstances.

(d) Hygiene care. A student must not be denied or subjected to an unreasonable delay in the provision of common hygiene care.

(e) Isolation. A student must not be excluded from his or her regular instructional or service area and isolated within a room or any other form of enclosure, except under the conditions set forth in WAC 392-172A-02110.

(f) Medication. A student must not be denied or subjected to an unreasonable delay in the provision of medication.

(g) Noise. A student must not be forced to listen to noise or sound that the student finds painful.

(h) Noxious sprays. A student must not be forced to smell or be sprayed in the face with a noxious or potentially harmful substance.

(i) Physical restraints. A student must not be physically restrained or immobilized by binding or otherwise attaching the student's limbs together or by binding or otherwise attaching any part of the student's body to an object or against a wall or the floor, except under the conditions set forth in WAC 392-172A-02110.

(j) Prone, supine, and wall restraints. A student must not be subjected to the use of prone (lying face-down) and supine (lying face-up) restraint, wall restraint, or any restraint that interferes with the student's breathing.

(k) Taste treatment. A student must not be forced to taste or ingest a substance which is not commonly consumed or which is not commonly consumed in its existing form or concentration.

(l) Water treatment. A student's head must not be partially or wholly submerged in water or any other liquid.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02076, filed 9/14/21, effective 1/1/22. Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-02076, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-02080 Transition of children from the Part C program to preschool programs.

Each school district shall have policies and procedures for transition to preschool programs to ensure that:

(1) Students participating in early intervention programs assisted under Part C of the IDEA, and who will participate in preschool programs assisted under Part B of the IDEA, experience a smooth and effective transition to those preschool programs in a manner consistent with the Part C requirements.

(2)(a) Each school district will participate in transition planning conferences arranged by the designee of the lead agency for Part C in the state. A transition planning conference will be convened for each student who may be eligible for preschool services at least ninety days prior to the student's third birthday.

(b) Within twenty-five school days following the transition planning conference, a determination whether or not to evaluate the student for Part B will be made. The district will provide prior written notice of the decision that complies with the requirements of WAC 392-172A-05010.

(3) By the third birthday of a student described in subsection (1) of this section, an IEP has been developed and is being implemented for the student consistent with WAC 392-172A-02000(1).

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02080, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02080, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02085 Homeless children.

In carrying out the provisions of this chapter, school districts shall ensure that the rights of homeless children and youth are protected consistent with the requirements under the McKinney-Vento Homeless Assistance Act, as amended.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02085, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02090 Personnel qualifications.

(1) All school district personnel providing special education services and/or related services shall meet the following qualifications:

(a) All employees shall hold such credentials, licenses, certificates, endorsements or permits as are now or hereafter required by the professional educator standards board for the particular position of employment and shall meet such supplemental standards as may be established by the school district of employment. Supplemental standards established by a district or other public agency may exceed, but not be less than, those established by the professional educator standards board in accordance with Title 181 WAC and this section.

(b) In addition to the requirement in (a) of this subsection, all special education personnel providing, designing, supervising, monitoring or evaluating the provision of special education services shall possess "substantial professional training." "Substantial professional training" as used in this section shall be evidenced by issuance of an appropriate special education endorsement (or early childhood special education endorsement, deaf education endorsement, deaf education with American sign language proficiency endorsement, teacher of the visually impaired endorsement) on an individual teaching certificate issued by the OSPI, professional education and certification section.

(c) A teacher will be considered to meet the applicable requirements in (a) and (b) of this subsection if that teacher is participating in an alternative route to a special education certification program under which the teacher:

(i) Receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;

(ii) Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;

(iii) Assumes functions as a teacher only for a specified period of time not to exceed three years; and

(iv) Demonstrates satisfactory progress toward full certification according to the state professional educator standards board rules, and the state ensures, through its certification and endorsement process, that the provisions of subsection (2) of this section are met.

(d) Other certificated related services school personnel providing specially designed instruction or related services as defined in this chapter, shall meet standards established under the educational staff associate rules of the professional educator standards board, as now or hereafter amended.

(e) Employees with only an early childhood special education endorsement may be assigned to programs that serve students birth through eight. Preference for an early childhood special education assignment must be given first to employees having early childhood special education endorsement, but may be assigned to an individual with a special education endorsement.

(f) Certified and/or classified staff assigned to provide instruction in Braille, the use of Braille, or the production of Braille must demonstrate competency by successful completion of a test approved by the professional educator standards board pursuant to WAC 181-82-130.

(g) Certified and/or classified staff assigned as educational interpreters, must meet the performance standards outlined in RCW 28A.410.271 by passing an educational interpreter assessment approved by the professional educator standards board.

(h) Paraeducator staff and aides shall present evidence of skills and knowledge established under the rules of the professional educator standards board, necessary to meet the needs of students eligible for special education services, and shall be under the supervision of a certificated teacher with a special education endorsement, or a certificated educational staff associate or a licensed staff, as provided in (i) of this subsection. Paraeducator staff assigned to Title 1 schoolwide programs shall also meet ESEA standards for paraeducators.

(i) Special education and related services must be provided by appropriately qualified staff. Other staff including general education teachers and paraeducators may assist in the provision of special education and related services, provided that the instruction is designed and supervised by special education certificated staff (or early childhood special education certificated staff, deaf education certificated staff, deaf education with American sign language proficiency certificated staff, teacher of the visually impaired certificated staff), or for related services by a certificated educational staff associate. Student progress must be monitored and evaluated by special education certificated staff or for related services, a certificated educational staff associate.

(2) School districts must take measurable steps to recruit, hire, train, and retain personnel, who meet the applicable requirements described in subsection (1)(a) of this section, to provide special education and related services to students eligible for special education services. There may be occasions when, despite efforts to hire or retain teachers who meet the applicable requirements, they are unable to do so. The following options are available in these situations:

(a) Teachers who meet professional educator standards board criteria pursuant to WAC 181-82-110(3) as now or hereafter amended, are eligible for a preendorsement waiver. Application for the special education preendorsement waiver shall be made to the special education division at the OSPI.

(b) In order to temporarily assign a classroom teacher without a special education endorsement to a special education position, the district or other public agency must keep written documentation on the following:

(i) The school district must make one or more of the following factual determinations:

(A) The district or other public agency was unable to recruit a teacher with the proper endorsement who was qualified for the position;

(B) The need for a teacher with such an endorsement could not have been reasonably anticipated and the recruitment of such a classroom teacher at the time of assignment was not reasonably practicable; and/or

(C) The reassignment of another teacher within the district or other public agency with the appropriate endorsement to such assignment would be unreasonably disruptive to the current assignments of other classroom teachers or would have an adverse effect on the educational program of the students assigned such other classroom teachers.

(ii) Upon determination by a school district that one or more of these criteria can be documented, and the district determines that a teacher has the competencies to be an effective special education teacher but does not have endorsement in special education, the district can so assign the teacher to special education. The school district is responsible for determining that the assigned teacher must have completed ninety continued education credit hours of course work applicable to an endorsement in special education.

(iii) Pursuant to WAC 181-82-110, if teachers are so assigned, the following requirements apply:

(A) A designated representative of the district and any such teacher shall mutually develop a written plan which provides for necessary assistance to the teacher, and which provides for a reasonable amount of planning and study time associated specifically with the out-of-endorsement assignment;

(B) Such teachers shall not be subject to nonrenewal or probation based on evaluations of their teaching effectiveness in the out-of-endorsement assignments; and

(3) Teachers placed under the options described in subsection (2) of this section do not meet the definition of substantial professional training.

(4) Notwithstanding any other individual right of action that a parent or student may maintain under this chapter, nothing in this section shall be construed to create a right of action on behalf of an individual student or a class of students for the failure of a particular school district employee to meet the applicable requirements described in subsection (1)(a) of this section, or to prevent a parent from filing a state complaint about staff qualifications with the OSPI under WAC 392-172A-05025 through 392-172A-05040.

(5) School districts and other public agencies that are recipients of funding under Part B of the act must make positive efforts to employ, and advance in employment, qualified individuals with disabilities in programs assisted under Part B of the act.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02090, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-02090, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-02090, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-02090, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02090, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02095 Transportation.

(1) Methods. Transportation options for students eligible for special education services shall include the following categories and shall be exercised in the following sequence:

(a) A scheduled school bus;

(b) Contracted transportation, including public transportation; and

(c) Other transportation arrangements, including that provided by parents. Board and room cost in lieu of transportation may be provided whenever the above stated transportation options are not feasible because of the need(s) of the student or because of the unavailability of adequate means of transportation, in accordance with rules of the superintendent of public instruction.

(2) Welfare of the student. The transportation of the student shall be in accordance with chapters 392-143, 392-144, and 392-145 WAC.

(3) Bus aides and drivers. Training and supervision of bus aides and drivers shall be the responsibility of the school district.

(4) Special equipment. Special equipment may include lifts, wheelchair holders, restraints, and two-way radios. All such special equipment shall comply with specifications contained in the specifications for school buses as now or hereafter established by the OSPI.

(5) Transportation time on bus. Wherever reasonably possible, no student should be required to ride more than sixty minutes one way.

(6) Transportation for state residential school students to and from the residential school and the sites of the educational program shall be the responsibility of the department of social and health services and each state residential school pursuant to law.

(7) Transportation for a state residential school student, including students attending the Washington state school for the deaf and the Washington state school for the blind, to and from such school and the residency of such student shall be the responsibility of the district of residency only if the student's placement was made by such district or other public agency pursuant to an interagency agreement—i.e., an appropriate placement in the least restrictive environment.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02095, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-02095, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02095, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02100 Home/hospital instruction.

(1) Home or hospital instruction shall be provided to students eligible for special education services and other students who are unable to attend school for an estimated period of four weeks or more because of disability or illness.

(2) As a condition to such services, the parent of a student shall request the services and provide a written statement to the school district from a qualified medical practitioner that states the student will not be able to attend school for an estimated period of at least four weeks.

(3) A student who is not determined eligible for special education services, but who qualifies pursuant to this subsection shall be deemed "as having a disability" only for the purpose of home/hospital instructional services and funding and may not otherwise qualify as a student eligible for special education services for the purposes of generating state or federal special education funds.

(4) A school district shall not pay for the cost of the statement from a qualified medical practitioner for the purposes of qualifying a student for home/hospital instructional services pursuant to this section.

(5) Home/hospital instructional services funded in accordance with the provisions of this section shall not be used for the initial or ongoing delivery of services to students eligible for special education services in a homebound or hospital placement pursuant to a student's individualized education program.

(6) Home/hospital instruction shall be limited to services necessary to provide temporary intervention as a result of a physical disability or illness.

(7) A student eligible for special education services who qualifies for home/hospital instruction must continue to receive IEP team determined educational services that provide a FAPE, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02100, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-02100, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-02100, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-02100, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-02105 Emergency response protocols.

(1) If the parent and the school district determine that a student requires advanced educational planning, the parent and the district may develop emergency response protocols to be used in the case of emergencies that pose an imminent likelihood of serious harm, as defined in this section. Emergency response protocols, if developed, must be incorporated into a student's IEP. Emergency response protocols shall not be used as a substitute for the systematic use of a behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior. Emergency response protocols are subject to the conditions and limitations as follows:

(a) The student's parent provides consent, as defined in WAC 392-172A-01040, in advance, to the emergency response protocols to be adopted;

(b) The emergency response protocols specify:

(i) The emergency conditions under which isolation, restraint, or restraint devices, if any, may be used;

(ii) The type of isolation, restraint, and/or restraint device, if any, that may be used;

(iii) The staff members or contracted positions permitted to use isolation, restraint, or restraint devices with the student, updated annually, and identify any required training associated with the use of isolation, restraint, or restraint device for each staff member or contracted position;

(iv) Any other special precautions that must be taken.

(c) Any use of isolation, restraint, and/or restraint device must be discontinued as soon as the likelihood of serious harm has dissipated.

(d) Any staff member or other adults using isolation, restraint, or a restraint device must be trained and currently certified by a qualified provider in the use of trauma-informed crisis intervention (including de-escalation techniques) and the safe use of isolation, restraint, or a restraint device.

(2) School districts must follow the documentation and reporting requirements for any use of isolation, restraint, or restraint device consistent with RCW 28A.600.485, regardless of whether the use of isolation, restraint, or restraint device is included in the student's emergency response protocols.

(3) Nothing in this section is intended to limit the application of a school district's policy developed under RCW 28A.600.485 to protect the general safety of students and staff from an imminent likelihood of serious harm.

(4) Nothing in this section is intended to limit the provision of a free and appropriate public education under Part B of the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02105, filed 9/14/21, effective 1/1/22. Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-02105, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-02110 Isolation or restraint—Conditions.

Any use of isolation, restraint, and/or a restraint device shall be used only when a student's behavior poses an imminent likelihood of serious harm. The limited use of isolation, restraint, or restraint device not prohibited in WAC 392-172A-02076 is conditioned upon compliance with the following procedural and substantive safeguards:

(1) Isolation. The use of isolation as defined by RCW 28A.600.485 is subject to each of the following conditions:

(a) The isolation must be discontinued as soon as the likelihood of serious harm has dissipated.

(b) The isolation enclosure shall be ventilated, lighted, and temperature controlled from inside or outside for purposes of human occupancy.

(d) An adult responsible for supervising the student shall remain in visual range of the student at all times.

(e) Either the student shall be capable of releasing himself or herself from the enclosure, or the student shall continuously remain within view of an adult responsible for supervising the student.

(f) Any staff member or other adults using isolation must be trained and currently certified by a qualified provider in the use of trauma-informed crisis intervention (including de-escalation techniques), and also trained by the district in isolation requirements, or otherwise available in the case of an emergency when trained personnel are not immediately available due to the unforeseeable nature of the emergency.

(2) Restraint. The use of restraint as defined by RCW 28A.600.485 is subject to each of the following conditions:

(a) The restraint must be discontinued as soon as the likelihood of serious harm has dissipated.

(b) The restraint shall not interfere with the student's breathing.

(c) Any staff member or other adults using a restraint must be trained and currently certified by a qualified provider in the use of trauma-informed crisis intervention (including de-escalation techniques) and such restraints, or otherwise available in the case of an emergency when trained personnel are not immediately available due to the unforeseeable nature of the emergency.

(3) Restraint device. The use of a restraint device as defined by RCW 28A.600.485 is subject to each of the following conditions:

(a) The restraint device must be discontinued as soon as the likelihood of serious harm has dissipated.

(b) The restraint device shall not interfere with the student's breathing.

(c) Either the student shall be capable of releasing himself or herself from the restraint device or the student shall continuously remain within view of an adult responsible for supervising the student.

(d) Any staff member or other adults using a restraint device must be trained and currently certified by a qualified provider in the use of such restraint devices, or otherwise available in the case of an emergency when trained personnel are not immediately available due to the unforeseeable nature of the emergency.

(4) School districts must follow the documentation and reporting requirements for any use of isolation, restraint, or restraint device consistent with RCW 28A.600.485.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-02110, filed 9/14/21, effective 1/1/22. Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-02110, filed 12/29/15, effective 1/29/16.

Wash. Admin. Code § 392-172A-03000 Parental consent for initial evaluations, initial services and reevaluations.

(1)(a) A school district proposing to conduct an initial evaluation to determine if a student is eligible for special education services must provide prior written notice consistent with WAC 392-172A-05010 and obtain informed consent from the parent before conducting the evaluation.

(b) Parental consent for an initial evaluation must not be construed as consent for initial provision of special education and related services.

(c) The school district must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the student is eligible for special education services.

(d) If the student is a ward of the state and is not residing with the student's parent, the school district or public agency is not required to obtain informed consent from the parent for an initial evaluation to determine eligibility for special education services if:

(i) Despite reasonable efforts to do so, the school district cannot discover the whereabouts of the parent of the child;

(ii) The rights of the parents of the child have been terminated; or

(iii) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

(e) If the parent of a student enrolled in public school or seeking to be enrolled in public school does not provide consent for an initial evaluation under subsection (1) of this section, or the parent fails to respond to a request to provide consent, the school district may, but is not required to, pursue the initial evaluation of the student by using due process procedures or mediation.

(f) The school district does not violate its child find and evaluation obligations, if it declines to pursue the initial evaluation when a parent refuses to provide consent under (e) of this subsection.

(2)(a) A school district that is responsible for making FAPE available to a student must obtain informed consent from the parent of the student before the initial provision of special education and related services to the student.

(b) The school district must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the student.

(c) If the parent of a student fails to respond to a request for or refuses to consent to the initial provision of special education and related services, the school district may not use the due process procedures or mediation in order to obtain agreement or a ruling that the services may be provided to the student.

(d) If the parent of the student refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the school district:

(i) Will not be considered to be in violation of the requirement to make available FAPE to the student for the failure to provide the student with the special education and related services for which the school district requests consent; and

(ii) Is not required to convene an IEP team meeting or develop an IEP.

(e) If at any time after the initial provision of special education and related services, the parent revokes consent in writing for the continued provision of special education and related services, the school district:

(i) Must provide prior written notice to the parent in accordance with WAC 392-172A-05010 before ceasing to provide special education and related services and may not continue to provide special education and related services after the effective date of the prior written notice;

(ii) May not use mediation or the due process procedures in order to obtain an agreement or a ruling that the services may be provided to the student;

(iii) Will not be considered to be in violation of the requirement to make FAPE available to the student because of the failure to provide the student with further special education and related services; and

(iv) Is not required to convene an IEP team meeting or develop an IEP for the student for further provision of special education services.

(3)(a) A school district must obtain informed parental consent, prior to conducting any reevaluation of a student eligible for special education services, subject to the exceptions in (d) of this subsection and subsection (4) of this section.

(b) If the parent refuses to consent to the reevaluation, the school district may, but is not required to, pursue the reevaluation by using the due process procedure to override the parent's refusal to provide consent or mediation to obtain an agreement from the parent to provide consent.

(c) The school district does not violate its child find obligations or the evaluation and reevaluation procedures if it declines to pursue the evaluation or reevaluation.

(d) A school district may proceed with a reevaluation and does not need to obtain informed parental consent if the school district can demonstrate that:

(i) It made reasonable efforts to obtain such consent; and

(ii) The child's parent has failed to respond.

(4)(a) Parental consent for an initial or a reevaluation is not required before:

(i) Reviewing existing data as part of an evaluation or a reevaluation; or

(ii) Administering a test or other evaluation that is administered to all students unless, before administration of that test or evaluation, consent is required of parents of all students.

(b) A school district may not use a parent's refusal to consent to one service or activity of an initial evaluation or reevaluation to deny the parent or student any other service, benefit, or activity of the school district, except as required by this chapter.

(c) If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use the consent override procedures and the public agency is not required to consider the student as eligible for special education services.

(d) To meet the reasonable efforts requirements to obtain consent for an evaluation or reevaluation the school district must document its attempts to obtain parental consent using the procedures in WAC 392-172A-03100(6).

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03000, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-03000, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-03000, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03000, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03005 Referral and timelines for initial evaluations.

(1)(a) A parent of a child, a school district, a public agency, or other persons knowledgeable about the child may initiate a referral request for an initial evaluation to determine if the student is eligible for special education services.

(b) The request must be in writing, unless the person is unable to write and/or communicate orally.

(c) Each school district must have an optional referral form for requesting an initial evaluation available to the general public and provide it upon receipt of any referral request in the requestor's native language or with the support of a qualified interpreter when needed.

(2) The school district must document the request for an initial evaluation, including the date the request is received, and:

(a) Notify the parent that the student has been referred because of a suspected disability and that the district, with parental input, will determine whether or not to evaluate the student;

(b) Collect and examine existing school, medical and other records in the possession of the parent and the school district; and

(c) Within twenty-five school days after receipt of the request for an initial evaluation, make a determination whether or not to evaluate the student. The school district will provide prior written notice of the decision that complies with the requirements of WAC 392-172A-05010.

(d) Exception: Referral requests received through IDEA Part C notification of toddlers potentially eligible for Part B special education preschool services are subject to the timelines described under WAC 392-172A-02080 and not the timeline described in (c) of this subsection.

(3) When the student is to be evaluated to determine eligibility for special education services and the educational needs of the student, the school district shall provide prior written notice to the parent, attempt without unnecessary delay to obtain consent, fully evaluate the student and arrive at a decision regarding eligibility within:

(a) Thirty-five school days after the date written consent for an evaluation has been provided to the school district by the parent; or

(b) Thirty-five school days after the date the consent of the parent is obtained by agreement through mediation, or the refusal to provide consent is overridden by an administrative law judge following a due process hearing; or

(c) Such other time period as may be agreed to by the parent and documented by the school district, including specifying the reasons for extending the timeline.

(d) Exception. The thirty-five school day time frame for evaluation does not apply if:

(i) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or

(ii) A student enrolls in another school district after the consent is obtained and the evaluation has begun but not yet been completed by the other school district, including a determination of eligibility.

(e) The exception in (d)(ii) of this subsection applies only if the subsequent school district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district agree to a specific time when the evaluation will be completed.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03005, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-03005, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03005, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03010 Screening for instructional purposes is not an evaluation.

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03010, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03015 Reevaluation timelines.

(1) A school district must ensure that a reevaluation of each student eligible for special education services is conducted in accordance with WAC 392-172A-03020 through 392-172A-03080 when:

(a) The school district determines that the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a reevaluation; or

(b) If the child's parent or teacher requests a reevaluation.

(2) A reevaluation conducted under subsection (1) of this section:

(a) May occur not more than once a year, unless the parent and the school district agree otherwise; and

(b) Must occur at least once every three years, unless the parent and the school district agree that a reevaluation is unnecessary.

(3) Reevaluations shall be completed within:

(a) Thirty-five school days after the date written consent for an evaluation has been provided to the school district by the parent;

(b) Thirty-five school days after the date the refusal of the parent was overridden through due process procedures or agreed to using mediation; or

(c) Such other time period as may be agreed to by the parent and documented by the school district, including specifying the reasons for extending the timeline.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03015, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-03015, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03015, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03020 Evaluation procedures.

(1) The school district must provide prior written notice to the parents of a student, in accordance with WAC 392-172A-05010, that describes any evaluation procedures the district proposes to conduct.

(2) In conducting the evaluation, the group of qualified professionals selected by the school district must:

(a) Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student, including information provided by the parent, that may assist in determining:

(i) Whether the student is eligible for special education services as defined in WAC 392-172A-01175; and

(ii) The content of the student's IEP, including information related to enabling the student to be involved in and progress in the general education curriculum, or for a preschool child, to participate in appropriate activities;

(b) Not use any single measure or assessment as the sole criterion for determining whether a student's eligibility for special education services and for determining an appropriate educational program for the student; and

(c) Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(3) Each school district must ensure that:

(a) Assessments and other evaluation materials used to assess a student:

(i) Are selected and administered so as not to be discriminatory on a racial or cultural basis;

(ii) Are provided and administered in the student's native language or other mode of communication and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally unless it is clearly not feasible to so provide or administer;

(iii) Are used for the purposes for which the assessments or measures are valid and reliable. If properly validated tests are unavailable, each member of the group shall use professional judgment to determine eligibility based on other evidence of the existence of a disability and need for special education services. Use of professional judgment shall be documented in the evaluation report;

(iv) Are administered by trained and knowledgeable personnel; and

(v) Are administered in accordance with any instructions provided by the producer of the assessments.

(b) Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

(c) Assessments are selected and administered so as best to ensure that if an assessment is administered to a student with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the student's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

(d) If necessary as part of a complete assessment, the school district obtains a medical statement or assessment indicating whether there are any other factors that may be affecting the student's educational performance.

(e) The student is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

(f) Assessments of students eligible for special education services who transfer from one school district to another school district in the same school year are coordinated with those students' prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

(g) In evaluating each student to determine eligibility or continued eligibility for special education services, the evaluation is sufficiently comprehensive to identify all of the student's special education and related services needs, whether or not commonly linked to the disability category in which the student has been classified.

(h) Assessment tools and strategies are used that provide relevant information that directly assists persons in determining the educational needs of the student.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03020, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03025 Review of existing data for evaluations and reevaluations.

As part of an initial evaluation, if appropriate, and as part of any reevaluation, the IEP team and other qualified professionals, as appropriate, must:

(1) Review existing evaluation data on the student, including:

(a) Evaluations and information provided by the parents of the student;

(b) Current classroom-based, local, or state assessments, and classroom-based observations; and

(2)(a) On the basis of that review, and input from the student's parents, identify what additional data, if any, are needed to determine:

(i) Whether the student is eligible for special education services, and what special education and related services the student needs; or

(ii) In case of a reevaluation, whether the student continues to meet eligibility, and whether the educational needs of the student including any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum; and

(b) The present levels of academic achievement and related developmental needs of the student.

(3) The group described in this section may conduct its review without a meeting.

(4) The school district must administer such assessments and other evaluation measures as may be needed to produce the data identified in subsection (2) of this section.

(5)(a) If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the student continues to be a student eligible for special education services, and to determine the student's educational needs, the school district must notify the student's parents of:

(i) That determination and the reasons for the determination; and

(ii) The right of the parents to request an assessment to determine whether the student continues to be a student eligible for special education services, and to determine the student's educational needs.

(b) The school district is not required to conduct the assessment described in this subsection (5) unless requested to do so by the student's parents.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03025, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-03025, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03025, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03030 Evaluations before change in eligibility.

(1) Except as provided in subsection (2) of this section, school districts must evaluate a student eligible for special education services in accordance with WAC 392-172A-03020 through 392-172A-03080 before determining that the student is no longer eligible for special education services.

(2) A reevaluation is not required before the termination of a student's eligibility due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under WAC 392-172A-02000 (2)(c).

(3) For a student whose eligibility terminates under circumstances described in subsection (2) of this section, a public agency must provide the student with a summary of the student's academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student's postsecondary goals.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03030, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03030, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03035 Evaluation report.

(1) The evaluation report shall be sufficient in scope for the IEP team to develop an IEP, and at a minimum, must include:

(a) A statement of whether the student has a disability that meets the eligibility criteria in this chapter;

(b) A discussion of the assessments and review of data that supports the conclusion regarding eligibility including additional information required under WAC 392-172A-03080 for students with specific learning disabilities;

(c) How the student's disability affects the student's involvement and progress in the general education curriculum or for preschool children, in appropriate activities;

(d) The recommended special education services, and any related services the evaluation group determines the student needs in order to benefit from special education services;

(e) Other information, as determined through the evaluation process and parental input, needed to develop an IEP;

(f) The date and signature of each professional member of the group certifying that the evaluation report represents his or her conclusion. If the evaluation report does not reflect his or her conclusion, the professional member of the group must include a separate statement representing his or her conclusions.

(2) Individuals contributing to the report must document the results of their individual assessments or observations.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03035, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03035, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03040 Determination of eligibility.

(1) Upon completion of the administration of assessments and other evaluation measures:

(a) A group of qualified professionals and the parent of the student determine whether the student is eligible for special education services and the educational needs of the student; and

(b) The school district must provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.

(2)(a) A student must not be determined to be eligible for special education services if the determinant factor is:

(i) Lack of appropriate instruction in reading, based upon the state's grade level standards;

(ii) Lack of appropriate instruction in math; or

(iii) Limited English proficiency; and

(b) If the student does not otherwise meet the eligibility criteria including presence of a disability, adverse educational impact and need for specially designed instruction.

(3) In interpreting evaluation data for the purpose of determining eligibility for special education services, each school district must:

(a) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the student's physical condition, social or cultural background, and adaptive behavior; and

(b) Ensure that information obtained from all of these sources is documented and carefully considered.

(4) If a determination is made that a student is eligible for special education services, an IEP must be developed for the student in accordance with WAC 392-172A-03090 through 392-172A-03135.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03040, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03040, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03045 District procedures for specific learning disabilities.

In addition to the evaluation procedures for determining whether students are eligible for special education services, school districts must follow additional procedures for identifying whether a student has a specific learning disability. Each school district shall develop procedures for the identification of students with specific learning disabilities which may include the use of:

(1) A severe discrepancy between intellectual ability and achievement; or

(2) A process based on the student's response to scientific, research-based intervention; or

(3) A combination of both within a school district, provided that the evaluation process used is the same for all students within the selected grades or buildings within the school district and is in accordance with district procedures.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03045, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-03045, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03045, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03050 Additional members of the evaluation group.

The determination of whether the student is eligible for special education services in the specific learning disability category shall be made by the student's parent and a group of qualified professionals which must include:

(1) The student's general education classroom teacher; or

(2) If the student does not have a general education classroom teacher, a general education classroom teacher qualified to teach a student of his or her age; or

(3) For a student of less than school age, an individual qualified to teach a student of his or her age; and

(4) At least one individual qualified to conduct individual diagnostic examinations of students, such as school psychologist, speech language pathologist, or remedial reading teacher.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03050, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03055 Specific learning disability—Determination.

The group described in WAC 392-172A-03050 may determine that a student has a specific learning disability if:

(1) The student does not achieve adequately for the student's age or meet the state's grade level standards when provided with learning experiences and instruction appropriate for the student's age in one or more of the following areas:

(a) Oral expression.

(b) Listening comprehension.

(d) Basic reading skill.

(e) Reading fluency skills.

(f) Reading comprehension.

(g) Mathematics calculation.

(h) Mathematics problem solving.

(2)(a) The student does not make sufficient progress to meet age or state grade level standards in one or more of the areas identified in subsection (1) of this section when using a process based on the student's response to scientific, research-based intervention or the group finds that the student has a severe discrepancy between achievement and intellectual ability in one or more of the areas identified in subsection (1) of this section; and

(b) When considering eligibility under (a) of this subsection, the group may also consider whether the student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state grade level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, and through review of existing data.

(3) The group determines that its findings under subsection (2) of this section are not primarily the result of:

(a) A visual, hearing, or motor disability;

(b) Intellectual disability;

(d) Cultural factors;

(e) Environmental or economic disadvantage; or

(f) Limited English proficiency.

(4) To ensure that underachievement in a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider:

(a) Data that demonstrate that prior to, or as a part of, the referral process, the student was provided appropriate instruction in general education settings, delivered by qualified personnel; and

(b) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the student's parents.

(5) The district or other public agency must promptly request parental consent to evaluate the student to determine if the student needs special education and related services, and must adhere to the time frames for an initial evaluation under WAC 392-172A-03005:

(a) If, prior to a referral, a student has not made adequate progress after an appropriate period of time when provided instruction, as described in subsection (4)(a) and (b) of this section; or

(b) Whenever a student is referred for an evaluation.

History

Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-03055, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03055, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03060 Process based on a student's response to scientific research-based intervention.

(1) School districts using a process based on a student's response to scientific, research-based interventions to determine if a student has a specific learning disability shall adopt procedures to ensure that such process includes the following elements:

(a) Universal screening and/or benchmarking at fixed intervals at least three times throughout the school year;

(b) A high quality core curriculum designed to meet the instructional needs of all students;

(c) Scientific research-based interventions as defined in WAC 392-172A-01165 are identified for use with students needing additional instruction;

(d) Scientific research-based interventions used with a student are appropriate for the student's identified need and are implemented with fidelity;

(e) A multitiered model is developed for delivering both the core curriculum and strategic and intensive scientific research-based interventions in the general education setting;

(f) Frequent monitoring of individual student progress occurs in accordance with the constructs of the multitiered delivery system implemented in the school consistent with the intervention and tier at which it is being applied; and

(g) Decision making using problem solving or standard treatment protocol techniques is based upon, but not limited to, student centered data including the use of curriculum based measures, available standardized assessment data, intensive interventions, and instructional performance level.

(2) Such policies and procedures outlined in subsection (1) of this section shall be designed so that districts can establish that:

(a) The student's general education core curriculum instruction provided the student the opportunity to increase her or his rate of learning;

(b) Two or more intensive scientific research-based interventions, identified to allow the student to progress toward his or her improvement targets, were implemented with fidelity and for a sufficient duration to establish that the student's rate of learning using intensive scientific research-based interventions in the general education setting, in addition to or in place of the core curriculum, did not increase or allow the student to reach the targets identified for the student;

(c) The duration of the intensive scientific research-based interventions that were implemented was long enough to gather sufficient data points below the student's aim line to demonstrate student response for each of the interventions through progress monitoring to determine the effectiveness of the interventions.

(3) OSPI has developed guidelines for using response to intervention to assist districts in developing the procedures required under this section.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03060, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03065 Use of discrepancy tables for determining severe discrepancy.

(1) If the school district uses a severe discrepancy model, it will use the OSPI's published discrepancy tables for the purpose of determining a severe discrepancy between intellectual ability and academic achievement.

(2) The tables are developed on the basis of a regressed standard score discrepancy method that includes:

(a) The reliability coefficient of the intellectual ability test;

(b) The reliability coefficient of the academic achievement test; and

(3) The regressed standard score discrepancy method is applied at a criterion level of 1.55.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03065, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03070 Method for documenting severe discrepancy.

(1) For the purposes of applying the severe discrepancy tables, the following scores shall be used:

(a) A total or full scale intellectual ability score;

(b) An academic achievement test score which can be converted into a standard score with a mean of one hundred and a standard deviation of fifteen; and

(c) A severe discrepancy between the student's intellectual ability and academic achievement in one or more of the areas addressed in WAC 392-172A-03055(1) shall be determined by applying the regressed standard score discrepancy method to the obtained intellectual ability and achievement test scores using the tables referenced above.

(2) Where the evaluation results do not appear to accurately represent the student's intellectual ability or where the discrepancy between the student's intellectual ability and academic achievement does not appear to be accurate upon application of the discrepancy tables, the evaluation group, described in WAC 392-172A-03050, may apply professional judgment in order to determine the presence of a specific learning disability. Data obtained from formal assessments, reviewing of existing data, assessments of student progress, observation of the student, and information gathered from all other evaluation processes for students being identified for a specific learning disability must be used when applying professional judgment to determine if a severe discrepancy exists. When applying professional judgment, the group shall document in a written narrative an explanation as to why the student has a severe discrepancy, including a description of all data used to make the determination through the use of professional judgment.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03070, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03075 Observation of students suspected of having a specific learning disability.

(1) School districts must ensure that a student who is suspected of having a specific learning disability is observed in the student's learning environment, including the general education classroom setting, to document the student's academic performance and behavior in the areas of difficulty.

(2) The evaluation group must:

(a) Use information from an observation in routine classroom instruction and monitoring of the student's performance that was done before the student was referred for an evaluation; or

(b) Have at least one member of the evaluation group conduct an observation of the student's academic performance in the general education classroom after the student has been referred for an evaluation and parental consent is obtained.

(3) In the case of a student of less than school age or out of school, a group member must observe the student in a learning environment appropriate for that student.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03075, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03080 Specific documentation for the eligibility determination of students suspected of having specific learning disabilities.

(1) In addition to the requirements for evaluation reports under WAC 392-172A-03035, for a student suspected of having a specific learning disability, the documentation of the determination of eligibility must contain a statement of:

(a) Whether the student has a specific learning disability;

(b) The basis for making the determination, including an assurance that the determination has been made in accordance with WAC 392-172A-03040;

(c) The relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student's academic functioning;

(d) Any educationally relevant medical findings;

(e) Whether:

(i) The student does not achieve adequately for the student's age or meet state grade level standards in one or more of the areas described in WAC 392-172A-03055(1); and

(ii)(A) The student does not make sufficient progress to meet age or state grade level standards when using a process based on the student's response to scientific research-based interventions consistent with WAC 392-172A-03060; or

(B) The student meets eligibility through a severe discrepancy model consistent with WAC 392-172A-03070; and

(C) If used as part of the eligibility determination under (A) or (B) of this subsection, a discussion of the student's pattern of strengths and weaknesses in performance, achievement or both, relative to age, state grade level standards, or intellectual development.

(f) The determination of the group concerning the effects of a visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the student's achievement level; and

(g) If the student has participated in a process that assesses the student's response to scientific, research-based intervention:

(i) The instructional strategies used and the student-centered data collected in accordance with the district's response to intervention procedures; and

(ii) The documentation that the student's parents were notified about:

(A) State and school district policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

(B) Strategies for increasing the student's rate of learning; and

(2) Each group member must certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the group member must submit a separate statement presenting the member's conclusions.

History

Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-03080, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03080, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03090 Definition of individualized education program.

(1) The term IEP means a written statement for each student eligible for special education services that is developed, reviewed, and revised in a meeting in accordance with WAC 392-172A-03095 through 392-172A-03100, and that must include:

(a) A statement of the student's present levels of academic achievement and functional performance, including:

(i) How the student's disability affects the student's involvement and progress in the general education curriculum (the same curriculum as for nondisabled students); or

(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;

(b)(i) A statement of measurable annual goals, including academic and functional goals designed to:

(A) Meet the student's needs that result from the student's disability to enable the student to be involved in and make progress in the general education curriculum; and

(B) Meet each of the student's other educational needs that result from the student's disability; and

(ii) For students who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives for the areas in which the alternate assessment will be administered; and

(iii) Documentation that the parent(s) were informed, as part of the IEP process, that their student's academic achievement will be measured on alternate standards and how participation in an alternate assessment may delay or otherwise affect the student from completing the requirements for a regular high school diploma.

(i) How the district will measure the student's progress toward meeting the annual goals described in (b) of this subsection; and

(ii) When the district will provide periodic reports on the progress the student is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards);

(d) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, evaluation data, and input from IEP team members, to be provided to the student, or on behalf of the student, and a statement of the program modifications or supports for school personnel that will be provided to enable the student:

(i) To advance appropriately toward attaining the annual goals;

(ii) To be involved in and make progress in the general education curriculum, and to participate in extracurricular and other nonacademic activities; and

(iii) To be educated and participate with other students including nondisabled students in the activities described in this section;

(e) An explanation of the extent, if any, to which the student will not participate with nondisabled students in the general education classroom and extracurricular and nonacademic activities;

(f)(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the student on state and district-wide assessments; and

(ii) If the IEP team determines that the student must take an alternate assessment instead of a particular regular state or district-wide assessment of student achievement, a statement of why:

(A) The student cannot participate in the regular assessment; and

(B) The particular alternate assessment selected is appropriate for the student;

(g) Extended school year services, if determined necessary by the IEP team for the student to receive FAPE.

(h) Behavioral intervention plan, if determined necessary by the IEP team for the student to receive FAPE.

(i) Emergency response protocols, if determined necessary by the IEP team for the student to receive FAPE, and the parent provides consent, as defined in WAC 392-172A-01040.

(j) The projected date for the beginning of the services and modifications described in (d) of this subsection, and the anticipated frequency, location, and duration of those services and modifications.

(k) Beginning not later than the first IEP to be in effect when the student turns sixteen, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP must include:

(i) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;

(ii) The transition services including courses of study needed to assist the student in reaching those goals; and

(iii) A description of how the postsecondary goals and transition services align with the high school and beyond plan.

(l) Transfer of rights at age of majority. Beginning not later than one year before the student reaches the age of eighteen, the IEP must include a statement that the student has been informed of the student's rights under the act, if any, that will transfer to the student on reaching the age of majority.

(m) The school district's procedures for notifying a parent regarding the use of isolation, restraint, or a restraint device as required by RCW 28A.155.210.

(2) Construction. Nothing in this section shall be construed to require:

(a) Additional information be included in a student's IEP beyond what is explicitly required by the federal regulations implementing the act or by state law; or

(b) The IEP team to include information under one component of a student's IEP that is already contained under another component of the student's IEP.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03090, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-03090, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03090, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03095 IEP team membership.

(1) School districts must ensure that the IEP team for each student eligible for special education services includes:

(a) The parents of the student;

(b) Not less than one general education teacher of the student if the student is, or may be, participating in the general education environment;

(c) Not less than one special education teacher of the student, or where appropriate, not less than one special education provider of the student;

(d) A representative of the public agency who:

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students eligible for special education services;

(ii) Is knowledgeable about the general education curriculum; and

(iii) Is knowledgeable about the availability of resources of the school district.

(e) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in (b) through (e) of this subsection;

(f) At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate; and

(g) Whenever appropriate, the student.

(2)(a) The student must be invited to the IEP team meeting when the purpose of the meeting will be the consideration of the postsecondary goals for the student and the transition services needed to assist the student in reaching those goals.

(b) If the student does not attend the IEP team meeting, the school district must take other steps to ensure that the student's preferences and interests are considered.

(c) To the extent appropriate, with the consent of the parents or a student who has reached the age of majority, the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

(3) The determination of the knowledge or special expertise of any individual invited pursuant to subsection (1)(f) of this section must be made by the party who invited the individual to be a member of the IEP team.

(4) A school district may designate one of the members of the IEP team identified in subsection (1)(b), (c), or (e) of this section to also serve as the district representative, if the criteria in subsection (1)(d) of this section are satisfied.

(5)(a) A school district member of the IEP team is not required to attend a meeting, in whole or in part, if the parent of a student eligible for special education services and the school district agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.

(b) A member of the IEP team described in (a) of this subsection may be excused from attending an IEP team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if:

(i) The parent, in writing, and the public agency consent to the excusal; and

(ii) The member submits written input into the development of the IEP prior to the meeting and provides the input to the parent and other IEP team members.

(6) In the case of a student who was previously served under Part C of the act, an invitation to the initial IEP team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives as specified by the state lead agency for Part C to assist with the smooth transition of services.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03095, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03095, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03100 Parent participation.

A school district must ensure that one or both of the parents of a student eligible for special education services are present at each IEP team meeting or are afforded the opportunity to participate, including:

(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed on time and place.

(3) The notification required under subsection (1) of this subsection must:

(a) Indicate the purpose, time, and location of the meeting and who will be in attendance;

(b) Inform the parents about the provisions relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the student, and participation of the Part C service coordinator or other designated representatives of the Part C system as specified by the state lead agency for Part C at the initial IEP team meeting for a child previously served under Part C of IDEA; and

(c) Include whatever action is necessary to ensure that the parent understands the notification being provided including, but not limited to, providing the notification in writing in a parent's native language when necessary for the parent's understanding and arranging for an interpreter for parents who are deaf or hard of hearing or whose native language is other than English.

(4) Beginning not later than the first IEP to be in effect when the student turns sixteen, or younger if determined appropriate by the IEP team, the notice also must:

(a) Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the student and that the agency will invite the student; and

(b) Identify any other agency that may be responsible for providing or paying for transition services and request consent as defined in WAC 392-172A-01040 from the parent/adult student to invite a representative from the outside agency to the IEP meeting.

(5) If neither parent can attend an IEP team meeting, the school district must use other methods to ensure parent participation, including video or telephone conference calls.

(6) A meeting may be conducted without a parent in attendance if the school district is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as:

(a) Detailed records of telephone calls made or attempted and the results of those calls;

(b) Copies of correspondence sent to the parents and any responses received; and

(7) The school district must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP team meeting including, but not limited to:

(a) Notifying parents in advance in the parent's native language of the availability of interpretation and translation services at no cost to the parents;

(b) Arranging for an interpreter for parents who are deaf or hard of hearing or whose native language is other than English; and

(c) Documenting the language in which families prefer to communicate and whether a qualified interpreter for the student's family was provided in accordance with RCW 28A.155.230.

(8) The school district must give the parent a copy of the student's IEP at no cost to the parent.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03100, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03100, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03105 When IEPs must be in effect.

(1) At the beginning of each school year, each school district must have an IEP in effect for each student eligible for special education services that it is serving through enrollment in the district.

(2) For an initial IEP, a school district must ensure that:

(a) The school district holds a meeting to develop the student's IEP within thirty days of a determination that the student is eligible for special education and related services; and

(b) As soon as possible following development of the IEP, special education and related services are made available to the student in accordance with the student's IEP.

(3) Each school district must ensure that:

(a) The student's IEP is accessible to each general education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

(b) Each teacher and provider described in (a) of this subsection is informed in a timely manner of:

(i) His or her specific responsibilities related to implementing the student's IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.

(4) If a student eligible for special education services transfers from one school district to another school district within Washington state and had an IEP that was in effect in the previous school district, the new school district, in consultation with the parents, must provide FAPE to the student including services comparable to those described in the student's IEP, until the new school district either:

(a) Adopts the student's IEP from the previous school district; or

(b) Develops and implements a new IEP that meets the applicable requirements in WAC 392-172A-03090 through 392-172A-03110.

(5) If a student eligible for special education services transfers from a school district located in another state to a school district within Washington state and had an IEP that was in effect in the previous school district, the new school district, in consultation with the parents, must provide FAPE to the student including services comparable to those described in the student's IEP, until the new school district:

(a) Conducts an evaluation to determine whether the student is eligible for special education services in Washington state, if the school district determines an evaluation is necessary to establish eligibility requirements under Washington state standards; and

(b) Develops and implements a new IEP, if appropriate, that meets the applicable requirements in WAC 392-172A-03090 through 392-172A-03110.

(6) To facilitate the transition for a student described in subsections (4) and (5) of this section:

(a) The new school in which the student enrolls must take reasonable steps to promptly obtain the student's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the school district in which the student was previously enrolled, pursuant to RCW 28A.225.330 and consistent with applicable Family Education Rights and Privacy Act (FERPA) requirements; and

(b) The school district in which the student was enrolled must take reasonable steps to promptly respond to the request from the new school district, pursuant to RCW 28A.225.330 and applicable FERPA requirements.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03105, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-03105, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-03105, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-03105, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-03105, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03105, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03110 Development, review, and revision of IEP.

(1) In developing each student's IEP, the IEP team must consider:

(a) The strengths of the student;

(b) The concerns of the parents for enhancing the education of their student;

(d) The academic, developmental, and functional needs of the student.

(2)(a) When considering special factors unique to a student, the IEP team must:

(i) Consider the use of positive behavioral interventions and supports, to address behavior, in the case of a student whose behavior impedes the student's learning or that of others; and

(ii) Consider the language needs of the student as those needs relate to the student's IEP, for a student with limited English proficiency;

(iii) In the case of a student who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the student's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the student's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the student;

(iv) Consider the communication needs of the student, and in the case of a student who is deaf or hard of hearing, consider the student's language and communication needs, opportunities for direct communications with peers and professional personnel in the student's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student's language and communication mode; and

(v) Consider whether the student needs assistive technology devices and services.

(b) A general education teacher of a student eligible for special education services, as a member of the IEP team, must, to the extent appropriate, participate in the development of the student's IEP, including the determination of:

(i) Appropriate positive behavioral interventions and supports for the student; and

(ii) Supplementary aids and services, program modifications, and support for school personnel consistent with WAC 392-172A-01185.

(c) After the annual IEP team meeting for a school year, the parent of a student eligible for special education services and the school district may agree not to convene an IEP team meeting for the purposes of making changes to the IEP, and instead may develop a written document to amend or modify the student's current IEP. If changes are made to the student's IEP the school district must ensure that the student's IEP team is informed of those changes and that other providers responsible for implementing the IEP are informed of any changes that affect their responsibility to the student, consistent with WAC 392-172A-03105(3).

(d) Changes to the IEP may be made either by the entire IEP team at an IEP team meeting, or as provided in (c) of this subsection, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.

(e) To the extent possible, the school districts must encourage the consolidation of reevaluation meetings and other IEP team meetings for the student.

(3) Each public agency must ensure that, subject to subsections (4) and (5) of this section the IEP team:

(a) Reviews the student's IEP periodically, but not less than annually, to determine whether the annual goals for the student are being achieved; and

(b) Revises the IEP, as appropriate, to address:

(i) Any lack of expected progress toward the annual goals described in WAC 392-172A-03090 (1)(b) and in the general education curriculum, if appropriate;

(ii) The results of any reevaluations;

(iii) Information about the student provided to, or by, the parents, as described under WAC 392-172A-03025;

(iv) The student's anticipated needs; or

(v) Other matters.

(4) In conducting a review of the student's IEP, the IEP team must consider the special factors described in subsection (2)(a) of this section.

(5) A general education teacher of the student, as a member of the IEP team, must, consistent with subsection (2)(b) of this section, participate in the review and revision of the IEP of the student.

(6)(a) If a participating agency, other than the school district, fails to provide the transition services described in the IEP in accordance with WAC 392-172A-03090 (1)(j), the school district must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.

(b) Nothing in this chapter relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students eligible for special education services who meet the eligibility criteria of that agency.

(7)(a) The following requirements do not apply to students eligible for special education services who are convicted as adults under state law and incarcerated in adult prisons:

(i) The requirement that students eligible for special education services participate in district or statewide assessments.

(ii) The requirements related to transition planning and transition services, if the student's eligibility for special education services will end because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

(b)(i) Subject to (b)(ii) of this subsection, the IEP team of a student with a disability who is convicted as an adult under state law and incarcerated in an adult prison may modify the student's IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(ii) Contents of the IEP and LRE (least restrictive environment) requirements do not apply with respect to the modifications described in (b)(i) of this subsection.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03110, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-03110, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03110, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-03115 Educational placements.

Consistent with WAC 392-172A-05000 (3)(a), each school district must ensure that the parents of each student eligible for special education services are members of any group that makes decisions on the educational placement of the student.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03115, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03115, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04000 Definition of parentally placed private school students.

Parentally placed private school students means students eligible for special education services enrolled by their parents in approved, nonprofit private, including religious, elementary or secondary schools. It does not include students receiving home-based instruction under RCW 28A.225.010(4) or students placed by a school district in a nonpublic agency for the provision of FAPE.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04000, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04000, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04005 Child find for parentally placed private school students eligible for special education services.

(1) Each school district must locate, identify, and evaluate all students who may be eligible for special education services who are enrolled by their parents in approved, nonprofit private, including religious, elementary and secondary schools located in the school district, in accordance with general child find procedures and subsections (2) through (5) of this section.

(2) The child find process must be designed to ensure:

(a) The equitable participation of parentally placed private school students; and

(b) An accurate count of those students.

(3) In carrying out the requirements of this section, the school district must undertake activities similar to the activities undertaken for the school district's public school students.

(4) The cost of carrying out the child find requirements in this section, including individual evaluations, may not be considered in determining if the school district has met its proportional share obligation under WAC 392-172A-04015.

(5) The child find process must be completed in a time period comparable to that for students attending public schools in the school district, for both initial evaluations and reevaluations.

(6) Each school district in which approved, nonprofit private, including religious, elementary schools and secondary schools are located must include parentally placed private school students who reside in another state but attend the private school located within the school district boundaries.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04005, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04005, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04010 Provision of services for parentally placed private school students eligible for special education services.

(1) In addition to the provisions addressed in this section, parents who have placed their children in a for profit or nonprofit private school are entitled to enroll their children part-time in their resident district for any course, activity or ancillary service, not provided by the private school under chapter 392-134 WAC and pursuant to WAC 392-172A-01135. Parents who elect to enroll part-time in their resident district in order to receive special education and/or related services are served through an IEP and are counted for federal and state special education reimbursement.

(2) To the extent consistent with the number and location of students eligible for special education services who are enrolled by their parents in approved, nonprofit private, including religious, elementary and secondary schools located in the school district boundaries, and who are not part-time enrolled for special education services under chapter 392-134 WAC, districts must allow for the participation of those students by providing them with special education and related services, including direct services determined in accordance with WAC 392-172A-04035.

(3) In accordance with subsection (2) of this section and WAC 392-172A-04035 through 392-172A-04070, a services plan must be developed and implemented for each nonprofit private school student eligible for special education services who has been designated by the school district to receive special education and related services.

(4) Each school district must maintain in its records, and provide to the OSPI, the following information related to parentally placed nonprofit private school students:

(a) The number of students evaluated, including initial evaluations and reevaluations;

(b) The number of students determined eligible for special education services; and

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04010, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04010, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04015 Expenditures.

(1) To meet the requirement of WAC 392-172A-04010(2), each school district must make available the following amounts for providing special education and related services, including direct services to parentally placed nonprofit private school students eligible for special education services.

(a) For students eligible for special education services aged three through twenty-one, an amount that is the same proportion of the school district's total subgrant under section 611(f) of the act as the number of private school students eligible for special education services aged three through twenty-one who are enrolled by their parents in approved, nonprofit private, including religious, elementary schools and secondary schools located in the school district, is to the total number of students eligible for special education services in its jurisdiction aged three through twenty-one.

(b)(i) For children aged three through five, an amount that is the same proportion of the school district's total subgrant under section 619(g) of the act as the number of parentally placed nonprofit private school students eligible for special education services aged three through five who are enrolled by their parents in approved, nonprofit private, including religious, elementary schools located in the school district, is to the total number of students eligible for special education services in its jurisdiction aged three through five.

(ii) As described in (b)(i) of this subsection, students aged three through five are considered to be parentally placed private school students enrolled by their parents in private, including religious, elementary schools, if they are enrolled in an approved, nonprofit private school at the kindergarten level or above.

(c) If a school district has not expended all of the funds for equitable services described in (a) and (b) of this subsection by the end of the fiscal year for which Congress appropriated the funds, the remaining funds must be obligated for special education and related services to parentally placed nonprofit private school students eligible for special education services during a carry-over period of one additional year.

(2) In calculating the proportionate amount of federal funds to be provided for parentally placed nonprofit private school students eligible for special education services, the school district, after timely and meaningful consultation with representatives of approved, nonprofit private schools under WAC 392-172A-04020, must conduct a thorough and complete child find process to determine the number of parentally placed students eligible for special education services attending nonprofit private schools located in the school district.

(3)(a) After timely and meaningful consultation with representatives of parentally placed nonprofit private school students eligible for special education services, school districts must:

(i) Determine the number of parentally placed private school students eligible for special education services attending approved, nonprofit private schools located in the school district; and

(ii) Ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.

(b) The count must be used to determine the amount that the school district must spend on providing special education and related services to parentally placed nonprofit private school students eligible for special education services in the next subsequent fiscal year.

(4) State and local funds may supplement and in no case supplant the proportionate amount of federal funds required to be expended for parentally placed nonprofit private school students eligible for special education services to the extent consistent with state law.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04015, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-04015, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04015, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04020 Consultation.

To ensure timely and meaningful consultation, a school district must consult with private school representatives and representatives of parents of parentally placed nonprofit private school students eligible for special education services during the design and development of special education and related services for the students regarding the following:

(1) The child find process, including:

(a) How parentally placed private school students suspected of having a disability can participate equitably; and

(b) How parents, teachers, and private school officials will be informed of the process.

(2) The determination of the proportionate share of federal funds available to serve parentally placed nonprofit private school students eligible for special education services including the determination of how the district calculated the proportionate share of those funds.

(3) The consultation process among the school district, private school officials, and representatives of parents of parentally placed private school students eligible for special education services, including how the process will operate throughout the school year to ensure that parentally placed students eligible for special education services identified through the child find process can meaningfully participate in special education and related services.

(4) How, where, and by whom special education and related services will be provided for parentally placed private school students eligible for special education services, including a discussion about:

(a) The types of services, including direct services and alternate service delivery mechanisms; and

(b) How special education and related services will be apportioned if funds are insufficient to serve all parentally placed private school students; and

(5) How, if the school district disagrees with the views of the private school officials on the provision of services or the types of services, the school district will provide to the private school officials a written explanation of the reasons why the school district chose not to provide services directly or through a contract.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04020, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04025 Written affirmation.

(1) When timely and meaningful consultation has occurred, the school district must obtain a written affirmation signed by the representatives of participating nonprofit private schools after timely and meaningful consultation.

(2) If the representatives do not provide the affirmation within a reasonable period of time, the school district must forward the documentation of the consultation process to the OSPI.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04025, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04025, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04030 Compliance with procedures for consultation.

(1) A private school official has the right to submit a complaint to the OSPI, special education division that the school district:

(a) Did not engage in consultation that was meaningful and timely; or

(b) Did not give due consideration to the views of the private school official.

(2)(a) If the private school official wishes to submit a complaint, the official must provide to the OSPI special education division, the basis of the noncompliance by the school district with the applicable private school provisions in this part; and

(b) The school district must forward the appropriate documentation to OSPI.

(3) If the private school official is dissatisfied with the decision of the OSPI, the official may submit a complaint to the Secretary of the United States Department of Education by providing the information on noncompliance described in subsections (1) and (2) of this section and the OSPI must forward the appropriate documentation to the secretary.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04030, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04030, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04035 Determination of equitable services.

(1) A parentally placed private school student does not have an individual right to receive some or all of the special education and related services that the student would receive if enrolled full- or part-time in a public school.

(2) Decisions about the services that will be provided to parentally placed private school students eligible for special education services under WAC 392-172A-04010 through 392-172A-04070 must be made in accordance with subsection (4) of this section and the consultation process.

(3) The school district must make the final decisions with respect to the services to be provided to eligible parentally placed private school students eligible for special education services.

(4) If a student eligible for special education services is enrolled in a religious or other private school by the student's parents and will receive special education or related services from a school district, the school district must:

(a) Initiate and conduct meetings to develop, review, and revise a services plan for the student; and

(b) Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the school district shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04035, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04035, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04040 Equitable services provided.

(1) The services provided to parentally placed nonprofit private school students eligible for special education services must be provided by personnel meeting the same standards as personnel providing services in the public schools.

(2) Parentally placed private school students eligible for special education services may receive a different amount of services than students eligible for special education services attending public schools.

(3) Each parentally placed private school student eligible for special education services who has been designated to receive services must have a services plan that describes the specific special education and related services that the school district will provide in light of the services that the school district has determined, it will make available to parentally placed private school students eligible for special education services.

(4) The services plan must, to the extent appropriate:

(a) Meet the requirements of WAC 392-172A-03090, with respect to the services provided; and

(b) Be developed, reviewed, and revised consistent with WAC 392-172A-03090 through 392-172A-03110.

(5) The provision of services must be provided:

(a) By employees of a school district or ESD; or

(b) Through contract by the school district with an individual, association, agency, organization, or other entity.

(6) Special education and related services provided to parentally placed nonprofit private school students eligible for special education services, including materials and equipment, must be secular, neutral, and nonideological.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04040, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-04040, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-04040, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04040, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04045 Location of services and transportation.

(1) Services to parentally placed nonprofit private school students eligible for special education services may be provided on the premises of private schools.

(2) If necessary for the student to benefit from or participate in the services provided, a parentally placed private school student eligible for special education services must be provided transportation:

(a) From the student's school or the student's home to a site other than the private school; and

(b) From the service site to the private school, or to the student's home, depending on the timing of the services.

(3) School districts are not required to provide transportation from the student's home to the private school.

(4) The cost of the transportation described in subsection (2) of this section may be included in calculating whether the school district has met its proportional share requirement.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04045, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-04045, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04045, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04050 Due process and state complaints regarding parentally placed students in a private school.

(1) Due process procedures are not available for complaints that a school district has failed to meet the requirements regarding consultation, determination of need and provision of services, including the provision of services indicated on the student's services plan.

(2) Due process procedures may be used by a parent who is alleging that a school district has failed to meet child find requirements related to the parentally placed students in private schools.

(3) Any due process request regarding the child find requirements described in subsection (2) of this section must be filed with the school district in which the private school is located and a copy must be forwarded to the OSPI in accordance with the due process procedures in WAC 392-172A-05080 through 392-172A-05125.

(4) State complaints. Any complaint that OSPI or a school district has failed to meet the requirements in WAC 392-172A-04010 through 392-172A-04015 and 392-172A-04025 through 392-172A-04070 must be filed in accordance with the state complaint procedures described in WAC 392-172A-05025 through 392-172A-05040.

(5) A complaint filed by a private school official under WAC 392-172A-04030 must be filed with the OSPI in accordance with the procedures in that section.

History

Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-04050, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04050, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04055 Requirement that funds not benefit a private school.

Public funds provided and property derived from those funds shall not benefit any private school or agency.

A school district must use funds provided under the act to meet the special education and related services needs of students enrolled in nonprofit private schools, but not for:

(1) The needs of a private school; or

(2) The general needs of the students enrolled in the private school.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04055, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04055, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04060 Use of personnel.

(1) School district or other public agency personnel may be made available to private schools and agencies only to the extent necessary to provide services required by the student if those services are not normally provided by the private school.

(2) Each school district or other public agency providing services to students enrolled in private schools or agencies shall maintain continuing administrative control and direction over those services.

(3) Services to private school students shall not include the payment of salaries of teachers or other employees of private schools or agencies, except for services performed outside regular hours of the school day and under public supervision and control.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-04060, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04060, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04065 Prohibition on the use of separate classes.

A school district may not use federal funds available under section 611 or 619 of the act for classes that are organized separately on the basis of school enrollment or religion of the students if:

(1) The classes are at the same site; and

(2) The classes include students enrolled in public schools and students enrolled in private schools.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04065, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04070 Property, equipment and supplies.

(1) A school district must control and administer the funds used to provide special education and related services for students eligible for those services in private schools, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the act.

(2) Equipment and supplies used with students in a private school or agency may be placed on private school premises for the period of time necessary for the program. Equipment and supplies placed on private school premises will be used only for Part B purposes.

(3) Records shall be kept of equipment and supplies and an accounting made of the equipment and supplies which shall assure that the equipment is used solely for the purposes of the program. Equipment and supplies placed in private schools must be able to be removed from the private school without remodeling the private school facility.

(4) The equipment and supplies shall be removed from the private school or agency if necessary to avoid its being used for other purposes or if it is no longer needed for Part B purposes.

(5) Funds shall not be used for repairs, minor remodeling, or to construct facilities for private schools or agencies.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-04070, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04070, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04080 Applicability and authorization.

(1) The provisions of WAC 392-172A-04080 through 392-172A-04095 apply to students eligible for special education services who have been placed in or referred to an in-state private elementary or secondary school or facility, or placed in or referred to a public or private out-of-state elementary or secondary school or facility meeting nonpublic agency (NPA) approval by the student's school district as a means of providing special education and related services when the school district cannot provide an appropriate education for the student within the district.

(2)(a) School districts are also authorized to contract with other public and private agencies under WAC 392-121-188 to provide special education or related services, or both to eligible students when the private or public agency does not meet the criteria for nonpublic agencies under WAC 392-172A-04090 and 392-172A-04095, but the school district determines that the private or public agency can provide the student with a free appropriate public education (FAPE).

(b) When a district contracts with other public or private agencies to provide special education or related services or both, under subsection (2)(a) of this section, the school district shall notify in writing the OSPI special education division of its intent to serve a student under this section and ensure that it follows the requirements under WAC 392-172A-04085.

(3) The provisions of this section do not apply to the authority of school districts to enter into interdistrict agreements with other Washington state school districts pursuant to chapter 392-135 WAC.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04080, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-04080, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04080, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04085 Responsibility of the school district.

(1) A school district that places a student eligible for special education services with a nonpublic agency or with another private or public agency under WAC 392-172A-04080(2) for special education and related services shall develop a written contract which must include, but not be limited to, the following elements:

(a) The names of the parties involved;

(b) The name(s) of the student(s);

(d) A description of services provided, program administration and supervision, including access to state learning standards;

(e) The charges and reimbursement including billing and payment procedures;

(f) The total contract cost;

(g) A description of the district responsibility and process of data collection and reporting for the student(s), including the data required under IDEA, restraint or isolation (RCW 28A.600.485) reports to parents and the OSPI, and school discipline;

(h) Assurance that the requirements of WAC 392-172A-02105 through 392-172A-02110 are met (including requirements for parental consent, notification, and reporting);

(i) Assurance that the agency will notify the school district and OSPI of program changes within the agency that may affect the agency's ability to contract or any complaints against the agency regarding services to students eligible for special education services; and

(j) Any other contractual elements including those identified in WAC 392-121-188 that may be necessary to assure compliance with state and federal rules.

(2) Each school district must ensure that a student eligible for special education services placed in or referred to a nonpublic agency under WAC 392-172A-04080(1) or with another private or public agency under WAC 392-172A-04080(2) is provided special education and related services:

(a) In conformance with an IEP developed by the school district that meets the requirements of this chapter; and

(b) At no cost to the parents.

(3) Each school district remains responsible for ensuring that the student is provided FAPE.

(4) The school district remains responsible for evaluations and IEP meetings for the student. If the school district requests that the nonpublic agency conduct evaluations or IEP meetings, the school district will ensure that all applicable requirements of Part B of the act are met.

(5) The student retains all of the rights of a student eligible for special education services who is served within the school district.

(6) The student must be provided with an opportunity to participate in state and district assessments.

(7) The student must be provided with an opportunity to fulfill the requirements to receive a Washington state diploma.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04085, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-04085, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-04085, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04085, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04090 Approval of nonpublic agencies.

(1) The school district shall notify the special education division of the OSPI, in writing, of their intent to serve a student through contract with a nonpublic agency.

(2) The school district and the nonpublic agency will review the requirements for approval and complete the application for nonpublic agency approval. In addition, the school district shall conduct an on-site visit of the nonpublic agency.

(3) Upon review of the completed application which includes the results of the on-site visit, the OSPI may conduct an independent on-site visit, if appropriate, and will determine whether the application will be approved or disapproved.

(4) The OSPI makes information regarding currently approved nonpublic agencies available on its website.

(5) School districts shall ensure that an approved nonpublic agency is able to provide the services required to meet the unique needs of any student being placed according to the provisions of WAC 392-172A-04080 through 392-172A-04095.

(6) Private schools or facilities located in other states must first be approved by the state education agency of the state in which the educational institution is located to provide FAPE to students referred by school districts. Documentation of the approval shall be provided to OSPI. In the event the other state does not have a formal approval process, the private school or facility shall meet the requirements for approval in this state under the provisions of this chapter.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04090, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-04090, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-04090, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04090, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04095 Application requirements for nonpublic agency approval.

(1) A nonpublic agency must meet the following requirements to be approved:

(a) The nonpublic agency is approved by the state board as a private school, and has at least one certificated teacher with a special education endorsement, other certificated teachers who meet state standards, and related services staff meeting state licensure requirements for their profession. If the education program is associated with a facility, such as a hospital mental health, or treatment facility, and the program is not an approved private school, the program must comply with the licensing requirements for the facility, such as the department of health, and the facility will assure that it has teachers who meet certification requirements developed by the professional educators standards board, related services staff meeting state licensure requirements for their profession as applicable, and at least one certificated teacher with a special education endorsement.

(b) The private school or facility meets applicable fire codes of the local or state fire marshal, including inspections and documentation of corrections of violation.

(d) The private school or facility can demonstrate through audits that it is financially stable, and has accounting systems that allow for separation of school district funds.

(e) The private school or facility has procedures in place that address staff hiring and evaluation including:

(i) Checking personal and professional references for employees;

(ii) Criminal background checks in accordance with state rules for public school employees;

(iii) Regular scheduling of staff evaluations of the competencies that enable the staff to work with students.

(f) The private school or facility has a policy of nondiscrimination.

(g) The private school or facility meets state education rules for hours and days of instruction.

(h) The private school or facility understands and has procedures in place to protect the procedural safeguards of the students eligible for special education services and their families.

(2) After approval as a nonpublic agency, the private school or facility must provide annual review information to the OSPI and school districts with whom they contract the following two years. The nonpublic agency must complete a renewal application, including scheduling a site visit by a contracting school district every third year following approval.

(3) OSPI may modify, substitute, add, or waive as necessary any requirements for nonpublic agency approval under this section, and provide an indication of a change to the approval requirements for any nonpublic agency on the list of currently approved nonpublic agencies available to the public maintained on the OSPI website.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04095, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-04095, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04095, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04100 Notification of nonpublic agency program changes.

(1) An approved nonpublic agency must notify any school districts with whom they contract and the OSPI of any major program changes that occur during the approval period, including adding additional services or changing the type of programs available to students. OSPI will review these program changes with affected districts to determine whether the nonpublic agency remains able to provide contracted services to public school students eligible for special education services.

(2) An approved nonpublic agency must promptly notify any school districts with whom they contract and the OSPI of any conditions that would affect their ability to continue to provide contracted services to public school students eligible for special education services.

(3) An approved nonpublic agency must promptly notify any school districts with whom they contract and the OSPI of any complaints it receives regarding services to students.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04100, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04100, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04105 Suspension, revocation or refusal to renew approval.

OSPI may suspend, revoke or refuse to renew its approval of a nonpublic agency to contract with school districts for the provision of special education services if the nonpublic agency:

(1) Fails to maintain the approval standards in WAC 392-172A-04090 through 392-172A-04100;

(2) Violates the rights of students eligible for special education services; or

(3) Refuses to implement any corrective actions ordered by the OSPI.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04105, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04105, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04110 State responsibility for nonpublic agency placements.

In implementing the nonpublic agency provisions of WAC 392-172A-04080 through 392-172A-04105, the state shall:

(1) Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;

(2) Disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a student eligible for special education services; and

(3) Provide an opportunity for those private schools and facilities to participate in the development and revision of state standards that apply to them.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04110, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04110, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-04115 Placement of students when FAPE is at issue.

(1) If a student eligible for special education services has a FAPE available and the parents choose to place the student in a private school or facility, the school district is not required by this chapter to pay for the student's education, including special education and related services, at the private school or facility. However, the school district shall include that student in the population whose needs are addressed consistent with WAC 392-172A-04000 through 392-172A-04070.

(2) Disagreements between the parents and a school district regarding the availability of a program appropriate for the student and the question of financial reimbursement are subject to the due process procedures at WAC 392-172A-05080 through 392-172A-05125.

(3) If the parents of a student, who previously received special education and related services under the authority of a school district, enroll the student in a private preschool, elementary or secondary school, or other facility without the consent of or referral by a school district or other public agency, a court or an administrative law judge may require a school district or other public agency to reimburse the parents for the cost of that enrollment if the court or administrative law judge finds that a school district or other public agency had not made a free appropriate public education available to the student in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the state standards that apply to education provided by a school district or other public agency.

(4) The cost of reimbursement may be reduced or denied if:

(a)(i) At the most recent individualized education program meeting that the parents attended prior to removal of the student from the public school, the parents did not inform the team that they were rejecting the placement proposed by a school district to provide a FAPE to their student, including stating their concerns and their intent to enroll their student in a private school at public expense; or

(ii) At least ten business days (including any holidays that occur on a business day) prior to the removal of the student from the public school, the parents did not give written notice to a school district of the information described in (a)(i) of this subsection; or

(b) Prior to the parents' removal of the student from the public school, a school district informed the parents, through the notice requirements described in this chapter, of its intent to evaluate the student (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the student available for the evaluation; or

(5) Notwithstanding the notice requirement in subsection (4)(a)(i) of this section, the cost of reimbursement must not be reduced or denied for failure to provide the notice if:

(a) The school district prevented the parent from providing the notice; or

(b) The parent had not received the procedural safeguards containing notice of the requirement to notify a school district of the information required in subsection (4)(a)(i) of this section.

(6) An administrative law judge or court may, in its discretion, determine that the cost of reimbursement will not be reduced or denied for failure to provide the notice in subsection (4)(a)(i) of this section if:

(a) The parents are not literate or cannot write in English; or

(b) Compliance with subsection (4)(a)(i) of this section would likely result in serious emotional harm to the student.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-04115, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-04115, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-04115, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05000 Opportunity to examine records.

The parents of a student eligible for special education services must be afforded an opportunity to inspect and review all education records. Inspection and review of education records is provided consistent with WAC 392-172A-05180 through 392-172A-05245.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05000, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05000, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05000, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05001 Parent participation in meetings.

(1)(a) The parents of a student eligible for special education services must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, educational placement and the provision of FAPE to the student.

(b) Each school district must provide notice consistent with WAC 392-172A-03100 (1) and (3) to ensure that parents of students eligible for special education services have the opportunity to participate in meetings described in (a) of this subsection.

(c) A meeting does not include informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that school district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

(2)(a) Each school district must ensure that a parent of each student eligible for special education services is a member of any group that makes decisions on the educational placement of the parent's child.

(b) In implementing the requirements of (a) of this subsection, the school district must use procedures consistent with the procedures described in WAC 392-172A-03100 (1) through (3).

(c) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the school district must use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.

(d) A placement decision may be made by a group without the involvement of a parent, if the school district is unable to obtain the parent's participation in the decision. In this case, the school district must have a record of its attempt to ensure their involvement.

(e) A parent of a student eligible for special education services may request permission to observe their student's current educational placement, and to observe any educational placement proposed or under consideration either by a parent or a group that makes decisions on the educational placement of the parent's child, in accordance with applicable school district policy and state law.

(3) When conducting IEP team meetings and placement meetings and in carrying out administrative matters such as scheduling, exchange of witness lists and status conferences for due process hearing requests, the parent and the district may agree to use alternative means of meeting participation such as video conferences and conference calls.

(4) For any meeting under this section, including meetings related to a student's IEP, school discipline, and truancy, in accordance with RCW 28A.155.230, each school district must take whatever action is necessary to ensure that the parent understands the proceedings of the meeting including, but not limited to:

(a) Notifying parents in advance in the parent's native language of the availability of interpretation and translation services at no cost to the parents;

(b) Arranging for an interpreter for parents who are deaf or hard of hearing or whose native language is other than English; and

(c) Documenting the language in which families prefer to communicate and whether a qualified interpreter for the student's family was provided.

(5) A parent may request consent to record meetings under this section, in accordance with applicable school district policies and state law. Any recording that is maintained by the school district is an "education record" within the meaning under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05001, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05001, filed 11/9/17, effective 12/10/17.

Wash. Admin. Code § 392-172A-05005 Independent educational evaluation.

(1)(a) Parents of a student eligible for special education services have the right under this chapter to obtain an independent educational evaluation of the student if the parent disagrees with the school district's evaluation subject to subsections (2) through (7) of this section.

(b) Each school district shall provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations as set forth in subsection (7) of this section.

(i) Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the student in question; and

(ii) Public expense means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with this chapter.

(2)(a) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation conducted or obtained by the school district.

(b) A parent is entitled to only one independent educational evaluation at public expense each time the school district conducts an evaluation with which the parent disagrees.

(c) If a parent requests an independent educational evaluation at public expense consistent with (a) of this subsection, the school district must either:

(i) Initiate a due process hearing within fifteen days to show that its evaluation is appropriate; or

(ii) Ensure that an independent educational evaluation is provided at public expense without unnecessary delay, unless the school district demonstrates in a hearing under this chapter that the evaluation obtained by the parent did not meet agency criteria.

(3) If the school district initiates a hearing and the final decision is that the district's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.

(4) If a parent requests an independent educational evaluation, the school district may ask for the parent's reason why he or she objects to the school district's evaluation. However, the explanation by the parent may not be required and the school district must either provide the independent educational evaluation at public expense or initiate a due process hearing to defend the educational evaluation.

(5) If the parent obtains an independent educational evaluation at public or private expense, the results of the evaluation:

(a) Must be considered by the school district, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the student; and

(b) May be presented as evidence at a hearing under this chapter regarding that student.

(6) If an administrative law judge requests an independent educational evaluation as part of a due process hearing, the cost of the evaluation must be at public expense.

(7)(a) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.

(b) Except for the criteria described in (a) of this subsection, a school district may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05005, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-05005, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05005, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05010 Prior notice and contents.

(1) Written notice that meets the requirements of subsection (2) of this section must be provided to the parents of a student eligible for special education services, or referred for special education services a reasonable time before the school district:

(a) Proposes to initiate or change the identification, evaluation, or educational placement of the student or the provision of FAPE to the student; or

(b) Refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of FAPE to the student.

(2) The notice required under this section must include:

(a) A description of the action proposed or refused by the agency;

(b) An explanation of why the agency proposes or refuses to take the action;

(c) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;

(d) A statement that the parents of a student eligible or referred for special education services have protection under the procedural safeguards and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

(e) Sources for parents to contact to obtain assistance in understanding the procedural safeguards and the contents of the notice;

(f) A description of other options that the IEP team considered and the reasons why those options were rejected; and

(g) A description of other factors that are relevant to the agency's proposal or refusal.

(3)(a) The notice required under subsections (1) and (2) of this section must be:

(i) Written in language understandable to the general public; and

(ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

(b) If the native language or other mode of communication of the parent is not a written language, the school district must take steps to ensure:

(i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

(ii) That the parent understands the content of the notice; and

(iii) That there is written evidence that the requirements in (b) of this subsection have been met.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05010, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05010, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05015 Procedural safeguards notice.

(1) School districts must provide a copy of the procedural safeguards that are available to the parents of a student eligible for special education services one time a school year, and:

(a) Upon initial referral or parent request for evaluation;

(b) Upon receipt of the first state complaint and receipt of the first due process complaint in a school year;

(c) When a decision is made to remove a student for more than ten school days in a year, and that removal constitutes a change of placement; and

(d) Upon request by a parent.

(2) A school district may place a current copy of the procedural safeguards notice on its internet website if a website exists.

(3) The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under this chapter that relate to:

(a) Independent educational evaluations;

(b) Prior written notice;

(d) Access to education records;

(e) An opportunity to present and resolve complaints through the due process hearing request and state complaint procedures, including:

(i) The time period in which to file a state complaint and due process hearing request;

(ii) The opportunity for the school district to resolve the due process hearing request; and

(iii) The difference between the due process hearing request and the state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decision timelines, and relevant procedures;

(f) The availability of mediation;

(g) The student's placement during the pendency of any due process hearing;

(h) Procedures for students who are subject to placement in an interim alternative educational setting;

(i) Requirements for unilateral placement by parents of students in private schools at public expense;

(j) Hearings on due process hearing requests, including requirements for disclosure of evaluation results and recommendations;

(k) Civil actions, including the time period in which to file those actions; and

(l) Attorneys' fees.

(4)(a) The procedural safeguards notice must be:

(i) Written in language understandable to the general public; and

(ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

(b) If the native language or other mode of communication of the parent is not a written language, the school district must take steps to ensure:

(i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

(ii) That the parent understands the content of the notice; and

(iii) That there is written evidence that the requirements in (b) of this subsection have been met.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05015, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05015, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05020 Electronic mail.

A parent of a student eligible for special education services may elect to receive prior written notices, procedure safeguards notices and notices relating to due process hearing requests by an electronic mail communication, if the school district makes that option available.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05020, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05025 Procedures for filing a complaint.

(1) An organization or individual, including an organization or individual from another state, may file with the OSPI special education division, a written, signed complaint that the OSPI, or a subgrantee of the OSPI including, but not limited to, an ESD, school district, or other subgrantee is violating or has violated Part B of the Individuals with Disabilities Education Act or regulations implementing the act.

(2)(a) A written complaint filed with OSPI will include:

(i)(A) A statement that the agency has violated or is violating one or more requirements of Part B of IDEA including the state and federal regulations implementing the act; or

(B) A statement that the school district is not implementing a mediation agreement or a resolution agreement;

(ii) The facts on which the statement is based;

(iii) The signature and contact information, including an address of the complainant; and

(iv) The name and address of the school district, or other agency subject to the complaint.

(b) If the allegations are with respect to a specific student the information must also include:

(i) The name and address of the student, or in the case of a homeless child or youth, contact information for the student;

(ii) The name of the school the student attends and the name of the school district;

(iii) A description of the nature of the problem of the student, including the facts relating to the problem; and

(iv) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

(c) The complainant must send a copy of the complaint to the agency serving the student at the same time the complainant files the complaint with OSPI. Complaints under this chapter are filed with the assistant superintendent of special education, OSPI.

(d) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.

(e) The OSPI has developed a form for use by persons or organizations filing a complaint. Use of the form is not required, but the complaint must contain the elements addressed in (a) and (b) of this subsection.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05025, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05025, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05025, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05030 Investigation of the complaint and decision.

(1) Upon receipt of a properly filed complaint, the OSPI shall send a copy of the complaint to the school district or other agency for their investigation of the alleged violations. A complaint against OSPI shall be investigated pursuant to WAC 392-172A-05040.

(2) The OSPI will provide the complainant the opportunity to submit additional information, either orally or in writing, about the allegations contained in the complaint. If the additional information contains new information, the OSPI may, in its discretion, either notify the district of the additional issues or inform the parent of the option to open a new complaint.

(3) The school district or other agency shall respond in writing to the OSPI with documentation of the investigation, no later than seventeen calendar days after the date of receipt of the complaint.

(4) The response to the OSPI shall clearly state whether:

(a) The allegations contained in the complaint are denied and the basis for such denial; or

(b) The allegations are admitted and with proposed reasonable corrective action(s) deemed necessary to correct the violation.

(5) The OSPI will provide the complainant a copy of the school district's or other agency's response to the complaint and provide the complainant an opportunity to reply. If the complainant is not authorized to review personally identifiable information, that information will not be provided to the complainant.

(6) Upon review of all relevant information including, if necessary, information obtained through an independent on-site investigation by the OSPI, the OSPI will make an independent determination as to whether the school district or other public agency has or is violating a requirement of Part B of the act, the federal regulations implementing the act, this chapter, or whether the public agency is not implementing a mediation or resolution agreement.

(7) The OSPI shall issue a written decision to the complainant that addresses each allegation in the complaint including findings of fact, conclusions, and the reasons for the decision. The decision will be issued within sixty days after receipt of the complaint unless:

(a) Exceptional circumstances related to the complaint require an extension; or

(b) The complainant and school district or other agency agrees in writing to extend the time to use mediation or an alternative dispute resolution method.

(8) If the OSPI finds a violation, the decision will include any necessary corrective action to be undertaken and any documentation to be provided to ensure that the corrective action is completed. If the decision is that a school district or other public agency has failed to provide appropriate services, the decision will address:

(a) How to remediate the failure to provide those services, including, as appropriate, compensatory education, monetary reimbursement, or other corrective action appropriate to the needs of the student; and

(b) Appropriate future provision of services for all students eligible for special education services.

(9) Corrective action ordered by OSPI must be completed within the timelines established in the written decision, unless another time period is established through an extension of the timeline. If compliance by a school district or other public agency is not achieved pursuant to subsection (8) of this section, the OSPI will initiate fund withholding, fund recovery, or any other sanction deemed appropriate.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05030, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05030, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-05030, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05030, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05035 Community complaints and due process hearings.

(1) If a written complaint is received that is also the subject of a due process hearing under this chapter or contains multiple issues, of which one or more are part of that hearing, the OSPI must set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process hearing must be resolved using the time limit and procedures described in this section.

(2) If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties:

(a) The hearing decision is binding; and

(b) The OSPI must inform the complainant to that effect.

(3) A complaint alleging a school district's failure to implement a due process decision must be resolved by the OSPI.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05035, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05035, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05040 Complaints against OSPI.

(1) Upon receipt of a complaint against the OSPI alleging a violation under this section, the superintendent will designate an investigator within ten days to investigate the complaint.

(2) Investigation by the OSPI may include on-site investigations, interviews, and other documentation as appropriate.

(3) Upon completion of the investigation, the investigator shall provide the superintendent of public instruction with a written report on the results of the investigation and shall issue a written decision including findings of facts, conclusions and the reasons for the decision. The decision will be provided to the complainant as soon as possible but in no event later than sixty calendar days after the date of receipt of such complaint by the superintendent of public instruction.

(4) If corrective actions are required, the decision will include the corrective measures deemed necessary to correct any violation. Any such corrective measures deemed necessary shall be instituted as soon as possible, but no later than the date for the corrective action, addressed in the decision.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05040, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05045 Informing the public about complaint procedures.

The OSPI shall inform parents and other interested individuals about the community complaint procedures in this chapter. Specific actions to be taken by the superintendent of public instruction include:

(1) Widely disseminating copies of the state's procedures to parents and other interested individuals, including protection and advocacy agencies, parent training and information centers, independent living centers, and other appropriate entities;

(2) Posting information about the complaint procedures on the website;

(3) Conducting in-service training sessions on the complaint process through educational service districts; and

(4) Including information about the complaint procedures at statewide conferences.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05045, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05045, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05060 Mediation purpose—Availability.

(1) The purpose of mediation is to offer both the parent and the school district an opportunity to resolve disputes and reach a mutually acceptable agreement concerning the identification, evaluation, educational placement or provision of FAPE to the student through the use of an impartial mediator.

(2) Mediation is voluntary and requires the agreement of both parties. It may be terminated by either party at any time during the mediation process.

(3) Mediation cannot be used to deny or delay a parent's right to a due process hearing under this chapter, or to deny any other rights afforded under this chapter.

(4) Mediation services are provided by the OSPI at no cost to either party, including the costs of meetings described in WAC 392-172A-05075. To access the statewide mediation system, a request for mediation services may be made in writing or verbally to administrative agents for the OSPI. Written confirmation of the request shall be provided to both parties by an intake coordinator and a mediator shall be assigned to the case.

(5) The OSPI will provide mediation services for individuals whose primary language is not English or who use another mode of communication when requested unless it is clearly not feasible to do so. Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05060, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05060, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05065 Qualifications and selection of mediators.

(1) Mediation shall be conducted by qualified and impartial mediators who are knowledgeable in laws and regulations relating to the provision of special education and related services.

(2) An individual who serves as a mediator:

(a) May not be an employee of any school district or other public or private agency that is providing education or related services to a student who is the subject of the mediation process; and

(b) Shall not have a personal or professional conflict of interest; and

(c) A person who otherwise qualifies as a mediator is not an employee of a school district or other public agency solely because he or she is paid by the agency to serve as a mediator.

(3)(a) The OSPI, through its contracted administrative agents, shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.

(b) Mediators will be selected on a random, rotational or other impartial basis.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05065, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05070 Resolution of a dispute through mediation.

(1) If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that sets forth that resolution and that:

(a) States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

(b) Is signed by both the parent and a representative of the agency who has the authority to bind such agency.

(2) A written, signed mediation agreement is enforceable in a state court of competent jurisdiction or in a district court of the United States.

(3) Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any federal or state court.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05070, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05075 Meeting to encourage mediation.

(1) A school district may establish procedures to offer parents who elect not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party:

(a) Who is under contract with appropriate alternative dispute resolution entity or a parent training and information center; and

(b) Who would explain the benefits of the mediation process, and encourage the parents to use the process.

(2) A school district or other public agency may not deny or delay a parent's right to a due process hearing under this chapter if the parent fails to participate in the meeting described in this section.

(3) A school district shall submit its procedures for implementing this section to the OSPI for review and approval, including projected costs for carrying out the process.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05075, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05080 Right to a due process hearing.

(1) A parent or a school district may file a due process hearing request on any of the matters relating to the identification, evaluation or educational placement, or the provision of FAPE to a student.

(2) The due process hearing request must be made within two years of, and allege a violation that occurred not more than two years before, the date the parent or school district knew or should have known about the alleged action that forms the basis of the due process complaint except the timeline does not apply to a parent if the parent was prevented from filing a due process hearing request due to:

(a) Specific misrepresentations by the school district that it had resolved the problem forming the basis of the due process hearing request; or

(b) The school district withheld information from the parent that was required under this chapter to be provided to the parent.

(3)(a) Information about any free or low-cost legal and other relevant services available in the area is maintained on OSPI's website and is provided by the office of administrative hearings to parents whenever a due process hearing request is filed by either the parent or the school district; and

(b) School districts must provide this information to parents whenever a parent requests the information.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05080, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. §§ 300.507 and 300.511. WSR 10-10-044, § 392-172A-05080, filed 4/28/10, effective 5/29/10. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05080, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05085 Due process hearing request filing and response.

(1)(a) To file a due process hearing request, the parent or the school district (party), or the attorney representing a party, must:

(i) Serve the request, which must remain confidential, directly with the other party; and

(ii) File a copy of the request via mail, fax, or electronically directly with the OSPI's designee, the office of administrative hearings, at the following:

Mail:

Office of Administrative Hearings

600 University Street, Suite 1500

Seattle, WA 98101-3126

Fax: 206-587-5135

Electronically: Successfully uploading documents through the filing portal operated by the office of administrative hearings.

(b) Due process hearing timelines will begin upon receipt of the request by both the other party and the office of administrative hearings, whichever date is later.

(c) When a parent is filing a due process hearing request, the party to be served is the superintendent of the school district, or public agency responsible for the student.

(2) The due process hearing request required in subsection (1) of this section must include:

(a) The name of the student;

(b) The address of the residence of the student;

(c) The name of the school the student is attending, and the name of the district or public agency that is responsible for the student's special education program in the school;

(d) In the case of a homeless child or youth, available contact information for the student in addition to the information in (c) of this subsection;

(e) A description of the nature of the problem of the student related to the proposed or refused initiation or change, including facts relating to the problem; and

(f) A proposed resolution of the problem to the extent known and available to the party at the time.

(3) OSPI has developed a due process hearing request form to assist parents and school districts filing a due process hearing. Parents and school districts are not required to use this form, and may use the form, or another form or other document, so long as the form or document that is used, meets the requirements in subsection (2) of this section.

(4) A party may not have a hearing on a due process hearing request until the party, or the attorney representing the party, files a due process hearing request that meets the requirements of subsection (2) of this section.

(5)(a) The due process hearing request will be deemed sufficient unless the party served with the due process hearing request notifies the administrative law judge and the other party in writing, within fifteen days of receipt of the due process hearing request, that the receiving party believes the due process hearing request does not meet the requirements in subsection (2) of this section.

(b) Within five days of receipt of notification that a due process hearing request is not sufficient, the administrative law judge must make a determination on the face of the due process hearing request of whether the request meets the requirements of subsection (2) of this section, and must immediately notify the parties in writing of that determination.

(6) A party may amend its due process hearing request only if:

(a) The other party consents in writing to the amendment and is given the opportunity to resolve the due process hearing request through a resolution meeting held pursuant to the procedures in WAC 392-172A-05090; or

(b) The administrative law judge grants permission, except that the administrative law judge may only grant permission to amend not later than five days before the due process hearing begins.

If a party is allowed to amend the due process hearing request under (a) or (b) of this subsection, the timelines for the resolution meeting in WAC 392-172A-05090 (2)(a) and the time period to resolve in WAC 392-172A-05090 (2)(b) begin again with the filing of the amended due process hearing request.

(7)(a) If the school district has not sent a prior written notice under WAC 392-172A-05010 to the parent regarding the subject matter contained in a parent's due process hearing request, the school must send the parent a response, within ten days of receiving the due process hearing request, that includes:

(i) An explanation of why the agency proposed or refused to take the action raised in the due process hearing request;

(ii) A description of other options that the IEP team or evaluation group considered and the reasons why those options were rejected;

(iii) A description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and

(iv) A description of the other factors that are relevant to the district's proposed or refused action.

(b) A response by a school district under subsections (7) and (8) of this section shall not be construed to preclude the school district from asserting that the parent's due process hearing request was insufficient, where appropriate.

(8) Except as provided in subsection (7)(a) of this section, the party receiving a due process hearing request must send the party a response that specifically addresses the issues raised in the due process hearing request within ten days of receiving the due process hearing request.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05085, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05085, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05090 Resolution process.

(1)(a) Within fifteen days of receiving notice that a parent has served a due process hearing request on the district and filed a copy of the due process request with the office of administrative hearings, and prior to the initiation of a due process hearing under WAC 392-172A-05100, the school district must convene a meeting with the parent and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the due process hearing request and that:

(i) Includes a representative of the school district who has decision-making authority on behalf of that district; and

(ii) May not include an attorney of the school district unless the parent is accompanied by an attorney.

(b) The purpose of the meeting is for the parent of the child to discuss the due process hearing request, and the facts that form the basis of the request, so that the school district has the opportunity to resolve the dispute that is the basis for the due process hearing request.

(i) The parent and the school district agree in writing to waive the meeting; or

(ii) The parent and the school district agree to use the mediation process described in WAC 392-172A-05060.

(d) The parent and the school district determine the relevant members of the IEP team to attend the meeting.

(2)(a) If the school district has not resolved the due process hearing request to the satisfaction of the parent within thirty days of the parent's filing of the due process hearing request under WAC 392-172A-05085, the due process hearing may occur.

(b) Except as provided in subsection (3) of this section, the timeline for issuing a final decision under WAC 392-172A-05105 begins at the expiration of this thirty-day period.

(c) Unless the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding (a) and (b) of this subsection, the failure of the parent filing a due process hearing request to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.

(d) If the school district is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented using the procedures in WAC 392-172A-03100(6), the school district may, at the conclusion of the thirty-day period, request that an administrative law judge dismiss the parent's due process hearing request.

(e) If the school district fails to hold the resolution meeting within fifteen days as specified in subsection (1) of this section or fails to participate in the resolution meeting, the parent may seek the intervention of an administrative law judge to begin the due process hearing timeline.

(3) The forty-five day timeline for the due process hearing starts the day after one of the following events:

(a) Both parties agree in writing to waive the resolution meeting;

(b) After either the mediation or resolution meeting starts but before the end of the thirty-day period, the parties agree in writing that no agreement is possible;

(c) If both parties agree in writing to continue the mediation at the end of the thirty-day resolution period, but later, the parent or school district withdraws from the mediation process.

(4)(a) If a resolution to the dispute is reached at the meeting described in subsection (1)(a) and (b) of this section, the parties must execute a legally binding agreement that is:

(i) Signed by both the parent and a representative of the school district who has the authority to bind the district; and

(ii) Enforceable in any state court of competent jurisdiction or in a district court of the United States.

(b) If the parties execute an agreement pursuant this section, a party may void the agreement within three business days of the agreement's execution.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05090, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05090, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05090, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05095 Administrative law judges.

(1) A due process hearing is conducted for OSPI by the office of administrative hearings.

(2) Administrative law judges that conduct the hearings:

(a) Must not be:

(i) An employee of OSPI or the school district that is involved in the education or care of the student; or

(ii) A person having a personal or professional interest that conflicts with the person's objectivity in the hearing.

(b) Must possess knowledge of, and the ability to understand, the provisions of the act, federal and state regulations pertaining to the act, and legal interpretations of the act by federal and state courts;

(c) Must possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and

(d) Must possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

(3) An administrative law judge who otherwise qualifies to conduct a hearing under subsection (2) of this section is not an employee of the OSPI solely because he or she is paid using OSPI funds.

(4) OSPI maintains a list of the persons who serve as administrative law judges which includes a statement of the qualifications of each of those persons.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05095, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05100 Hearing rights.

These hearing rights govern both due process hearings conducted pursuant to WAC 392-172A-05080 through 392-172A-05125 and hearings for disciplinary matters conducted pursuant to WAC 392-172A-05160.

(1) Any party to a due process hearing has the right to:

(a) Be represented by counsel and accompanied and advised by individuals with special knowledge or training with respect to the problems of students eligible for special education services;

(b) Present evidence and confront, cross-examine, and compel the attendance of witnesses;

(c) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

(d) Obtain a written, or, at the option of the parents, electronic, verbatim record of the hearing; and

(e) Obtain written, or, at the option of the parents, electronic findings of fact and decisions.

(2)(a) At least five business days prior to a due process hearing conducted pursuant to this section, each party must disclose to all other parties all evaluations completed by that date and the recommendations based on the offering party's evaluations that the party intends to use at the hearing.

(b) An administrative law judge may bar any party that fails to comply with (a) of this subsection from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

(3) The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the due process hearing request unless the other party agrees otherwise.

(4) Either party may file a separate due process hearing request on an issue separate from a due process hearing request already filed.

(5) Parents involved in hearings must be given the right to:

(a) Have the student who is the subject of the hearing present;

(b) Open the hearing to the public; and

(c) Have the record of the hearing and the findings of fact and decisions described in subsection (1)(d) and (e) of this section provided to the parent at no cost.

(6) To the extent not modified by the hearing procedures addressed in this section, the timelines addressed in WAC 392-172A-05110, and the timelines and procedures for civil actions addressed in WAC 392-172A-05115, the general rules applicable for administrative hearings contained in chapter 10-08 WAC govern the conduct of the due process hearing.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05100, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05100, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-05100, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05100, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05105 Hearing decisions.

(1) An administrative law judge's determination of whether a student received FAPE must be based on substantive grounds.

(2) In matters alleging a procedural violation, an administrative law judge may find that a student did not receive a FAPE only if the procedural inadequacies:

(a) Impeded the student's right to a FAPE;

(b) Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's child; or

(3) Nothing in subsections (1) and (2) of this section shall be construed to preclude an administrative law judge from ordering a school district to comply with the procedural requirements contained in this chapter.

(4) The state deletes personally identifiable information contained in due process hearing decisions, transmits those decisions to the state advisory panel and makes decisions available to the public.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05105, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05110 Timelines and convenience of hearings.

(1) Not later than forty-five days after the expiration of the thirty day resolution period, or the adjusted time periods described in WAC 392-172A-05090(3):

(a) A final decision shall be reached in the hearing; and

(b) A copy of the decision shall be mailed to each of the parties.

(2) Reconsideration of the decision under RCW 34.05.470 is not allowed under Part B of the act due to the timelines for issuing a final decision.

(3) An administrative law judge may grant specific extensions of time beyond the period in subsection (1) of this section at the request of either party.

(4) Each due process hearing must be conducted at a time and place that is reasonably convenient to the parents and student involved.

History

Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-05110, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05110, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05110, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05115 Civil action.

(1) Any party aggrieved by the findings and decision made under WAC 392-172A-05105 through 392-172A-05110 or 392-172A-05165 has the right to bring a civil action with respect to the due process hearing request. The action may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.

(2) The party bringing the action shall have ninety days from the date of the decision of the administrative law judge to file a civil action in federal or state court.

(3) In any action brought under subsection (1) of this section, the court:

(a) Receives the records of the administrative proceedings;

(b) Hears additional evidence at the request of a party; and

(c) Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.

(4) The district courts of the United States have jurisdiction of actions brought under section 615 of the act without regard to the amount in controversy.

(5) Nothing in this part restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other federal laws protecting the rights of students with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under section 615 of the act, the due process procedures under WAC 392-172A-05085 and 392-172A-05165 must be exhausted to the same extent as would be required had the action been brought under section 615 of the act.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05115, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05120 Attorneys' fees.

(1) In any action or proceeding brought under 20 U.S.C. Sec. 1415 of the act, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to:

(a) The prevailing party who is the parent of a student eligible or referred for special education services;

(b) To a prevailing party who is a school district, or OSPI, against the attorney of a parent who files a due process request or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or

(c) To a prevailing school district or OSPI against the attorney of a parent, or against the parent, if the parent's request for a due process hearing or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

(2)(a) Funds under Part B of the act may not be used to pay attorneys' fees or costs of a party related to any action or proceeding under section 20 U.S.C. Sec. 1415 and 34 C.F.R. Secs. 300.500 through 300.599.

(b) Subsection (2)(a) of this section does not preclude a school district or OSPI from using funds under Part B of the act for conducting an action or proceeding under 20 U.S.C. Sec. 1415.

(3)(a) Fees awarded under subsection (1) of this section must be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded.

(b) Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under 20 U.S.C. Sec. 1415 for services performed after a written offer of settlement to a parent if:

(i) The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than ten days before the proceeding begins;

(ii) The offer is not accepted within ten days; and

(iii) The court or administrative law judge finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.

(c) Attorneys' fees may not be awarded relating to any meeting of the IEP team unless the meeting is convened as a result of an administrative proceeding or judicial action.

(i) A resolution session meeting shall not be considered a meeting convened as a result of an administrative hearing or judicial action; or

(ii) An administrative hearing or judicial action for purposes of this section.

(4) Notwithstanding subsection (3)(b) of this section an award of attorneys' fees and related costs may be made to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.

(5) Except as provided in subsection (5) of this section, the court will reduce, accordingly, the amount of the attorneys' fees awarded under this section if the court finds that:

(a) The parent, or the parent's attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;

(b) The amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;

(d) The attorney representing the parent did not provide to the school district the appropriate information in the due process request notice in accordance with WAC 392-172A-06085(2).

(6) The provisions of subsection (4) of this section do not apply in any action or proceeding if the court finds that the school district unreasonably protracted the final resolution of the action or proceeding or there was a violation under the provisions of 20 U.S.C. Sec. 1415.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05120, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05120, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05125 Student's status during proceedings.

(1)(a) Except for due process hearings involving special education discipline procedures, during the pendency of any administrative hearing or judicial proceeding regarding the due process hearing proceedings, the student involved in the hearing request must remain in his or her current educational placement, unless the school district and the parents of the child agree otherwise.

(b) The student's status during the pendency of any proceedings does not preclude the IEP team from meeting, as needed or as required under this chapter, and updating and implementing the student's IEP, unless those changes are in dispute.

(2) If the hearing request involves an application for initial admission to public school, the student, with the consent of the parents, must be placed in the public school until the completion of all the proceedings.

(3) If the hearing request involves an application for initial Part B services for a child who is transitioning from Part C of the act to Part B and is no longer eligible for Part C services because the child has turned three, the school district is not required to provide the Part C services that the child had been receiving. If the student is found eligible for special education and related services and the parent consents to the initial provision of special education and related services, then the school district must provide those special education and related services that are not in dispute between the parent and the school district.

(4) If the administrative law judge agrees with the student's parents that a change of placement is appropriate, that placement must be treated as an agreement between the school district and the parents for purposes of subsection (1) of this section.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05125, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090, 42 U.S.C. 1400 et seq. and 34 C.F.R. Part 300. WSR 16-02-034, § 392-172A-05125, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05125, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05130 Surrogate parents.

(1) School districts must ensure that the rights of a student are protected when:

(a) No parent as defined in WAC 392-172A-01125 can be identified;

(b) The school district, after reasonable efforts, cannot locate a parent;

(d) The student is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act.

(2) School districts must develop procedures for assignment of an individual to act as a surrogate for the parents. This must include a method:

(a) For determining whether a student needs a surrogate parent;

(b) For assigning a surrogate parent to the student; and

(c) Ensuring that an assignment of a surrogate parent is provided within thirty days of the district's determination that a surrogate parent is required.

(3) If a student is a ward of the state, the judge overseeing the student's case, may appoint a surrogate parent, provided that the surrogate meets the requirements in subsections (4)(a) and (5) of this section.

(4) School districts must ensure that a person selected as a surrogate parent:

(a) Is not an employee of the OSPI, the school district, or any other agency that is involved in the education or care of the student;

(b) Has no personal or professional interest that conflicts with the interest of the student the surrogate parent represents; and

(5) A person otherwise qualified to be a surrogate parent under subsection (4) of this section is not an employee of the OSPI, school district or other agency solely because he or she is paid by the agency to serve as a surrogate parent.

(6) In the case of a student who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to subsection (4)(a) of this section until a surrogate parent can be appointed that meets all of the requirements of subsection (4) of this section.

(7) The surrogate parent may represent the student in all matters relating to the identification, evaluation, educational placement and the provision of FAPE to the student.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05130, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-05130, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05130, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05135 Transfer of parental rights to the student at age of majority.

(1) Subject to subsections (4) and (5) of this section, when a student eligible for special education services reaches the age of 18 or is deemed to have reached the age of majority, consistent with RCW 26.28.010 through 26.28.020:

(a) The school district shall provide any notices required under this chapter to both the student and the parents; and

(b) All other rights accorded to parents under the act and this chapter transfer to the student.

(2) All rights accorded to parents under the act transfer to students at the age of majority who are incarcerated in an adult or juvenile, state, or local correctional institution.

(3) Whenever a school district transfers rights under this section, it shall notify the student and the parents of the transfer of rights.

(4) Students who have been determined to be incapacitated pursuant to chapter 11.130 RCW shall be represented by the legal guardian appointed under that chapter.

(5) Students over the age of 18 who have not been determined incapacitated under chapter 11.130 RCW, may be certified as unable to provide informed consent or to make educational decisions, and have an educational representative appointed for them pursuant to the following procedures:

(a) Two separate professionals must state in writing they have conducted a personal examination or interview with the student, the student is incapable of providing informed consent to make educational decisions, and the student has been informed of this decision. The professionals must be:

(i) A medical doctor licensed in the state where the doctor practices medicine;

(ii) A physician's assistant whose certification is countersigned by a supervising physician;

(iii) A certified nurse practitioner;

(iv) A licensed clinical psychologist; or

(v) A guardian ad litem appointed for the student.

(b) When it receives the required written certification, the school district will designate an educational representative from the following list and in the following order of representation:

(i) The student's spouse;

(ii) The student's parent(s);

(iii) Another adult relative willing to act as the student's educational representative; or

(iv) A surrogate educational representative appointed pursuant to and acting in accordance with WAC 392-172A-05130.

(c) A student shall be certified as unable to provide informed consent pursuant to this section for a period of one year. However, the student, or an adult with a bona fide interest in and knowledge of the student, may challenge the certification at any time. During the pendency of any challenge, the school district may not rely on the educational representative under this section until the educational representative obtains a new certification under the procedures outlined in (a) of this subsection. If a guardianship action is filed on behalf of the student while a certification is in effect, the school district must follow any court orders in the guardianship proceeding regarding the student's capacity.

(6) Nothing within this section shall prevent a student, who has reached the age of majority, from authorizing another adult to make educational decisions on that student's behalf using a power of attorney consistent with the requirements in chapter 11.125 RCW.

History

Statutory Authority: RCW 28A.155.090. WSR 25-01-132, s 392-172A-05135, filed 12/17/24, effective 1/17/25
WSR 21-19-065, § 392-172A-05135, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-05135, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05135, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05140 Purpose.

The purpose of WAC 392-172A-05140 through 392-172A-05175 is to ensure that students eligible for special education services are not improperly excluded from school for disciplinary reasons and are provided services in accordance with WAC 392-172A-05145, 392-172A-05148, and 392-172A-05149. Each school district shall take steps to ensure that each employee, contractor, and other agent is knowledgeable of the disciplinary procedures to be followed for students eligible for special education services and students who may be deemed to be eligible for special education services, and knowledgeable of the rules and procedures contained in chapter 392-400 WAC governing discipline for all students.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05140, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05140, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05140, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05140, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05145 Authority of school personnel.

(1) School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a student eligible for special education services, who violates a code of student conduct.

(2)(a) School personnel may remove a student eligible for special education services who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than ten consecutive school days to the extent those alternatives are applied to students without disabilities under this section, and for additional removals of not more than ten consecutive school days in that same school year for separate incidents of misconduct as long as those removals do not constitute a change of placement under WAC 392-172A-05155.

(b) A school district is only required to provide services during periods of removal to a student eligible for special education services who has been removed from his or her current placement for ten school days or less in that school year, if it provides services to a student without disabilities who is similarly removed. The services may be provided in an interim alternative educational setting.

(3) After a student eligible for special education services has been removed from his or her current placement for ten school days in the same school year, and the removal is a change of placement under WAC 392-172A-05155, during any subsequent days of removal the student must continue to receive educational services, that provide a FAPE, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. The student's IEP team determines appropriate services. The services may be provided in an interim alternative educational setting.

(4) After a student eligible for special education services has been removed from his or her current placement for ten school days in the same school year, if the current removal is for not more than ten consecutive school days and is not a change of placement under WAC 392-172A-05155, during any subsequent days of removals, school personnel, in consultation with at least one of the student's teachers, determine the extent to which services are needed, to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. The services may be provided in an interim alternative educational setting.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05145, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05145, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-05145, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05145, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05146 Manifestation determination.

(1) Within ten school days of any decision to change the placement of a student eligible for special education services because of a violation of a code of student conduct, the school district, the parent, and relevant members of the student's IEP team (as determined by the parent and the school district) must review all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents to determine:

(a) If the conduct in question was caused by, or had a direct and substantial relationship to, the student's disability; or

(b) If the conduct in question was the direct result of the school district's failure to implement the IEP.

(2) The conduct must be determined to be a manifestation of the student's disability if the school district, the parent, and relevant members of the student's IEP team determine that a condition in subsection (1)(a) or (b) of this section was met.

If the school district, the parent, and relevant members of the student's IEP team determine the conduct was manifestation of the student's disability, the school district must take immediate steps to remedy those deficiencies.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05146, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05146, filed 11/9/17, effective 12/10/17.

Wash. Admin. Code § 392-172A-05147 Conduct is a manifestation of student's disability.

If the school district, the parent, and relevant members of the student's IEP team determine the conduct to be a manifestation of the student's disability, the IEP team must either:

(1) Conduct a functional behavioral assessment, unless the school district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or

(2) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and

(3) Except in special circumstances as described in WAC 392-172A-05149, return the student to the placement from which the student was removed, unless the parent and the school district agree to a change of placement as part of the modification of the behavioral intervention plan.

History

Statutory Authority: RCW 28A.155.090. WSR 17-23-054, § 392-172A-05147, filed 11/9/17, effective 12/10/17.

Wash. Admin. Code § 392-172A-05148 Conduct is not a manifestation of student's disability.

(1) When disciplinary changes in placement exceed ten consecutive school days, and the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the student's disability pursuant to WAC 392-172A-05146, school personnel may apply the relevant disciplinary procedures to students eligible for special education services in the same manner and for the same duration as a district would apply discipline procedures to students without disabilities, except that services shall be provided in accordance with subsection (2) of this section.

(2) A student who is removed from the student's current placement pursuant to subsection (1) of this section must:

(a) Continue to receive educational services, that provide a FAPE, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP; and

(b) Receive, as appropriate when a student's removal is not a manifestation of the student's disability, a functional behavioral assessment, and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.

(3) The student's IEP team determines appropriate services.

(4) The services required may be provided in an interim alternative educational setting.

(5) The student's IEP team determines the interim alternative educational setting.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05148, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05148, filed 11/9/17, effective 12/10/17.

Wash. Admin. Code § 392-172A-05149 Special circumstances.

(1) School personnel may remove a student to an interim alternative educational setting for not more than forty-five school days without regard to whether the behavior is determined to be a manifestation of the student's disability, if the student:

(a) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of a school district;

(b) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a school district; or

(c) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a school district.

(2) A student removed to an interim alternative educational setting under this section must: Continue to receive educational services that provide a FAPE, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP.

(a) The student's IEP team determines appropriate services.

(b) The student's IEP team determines the interim alternative educational setting.

(3) A student removed to an interim alternative educational setting under this section must receive a functional behavioral assessment and behavioral intervention services to the extent required in WAC 392-172A-05147 or 392-172A-05148.

(4) Definitions. For purposes of this section, the following definitions apply:

(a) Controlled substance means a drug or other substance identified under Schedules I, II, III, IV, or V in Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

(b) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health care professional or that is legally possessed or used under any other authority under that act or under any other provision of federal law.

(c) Serious bodily injury has the meaning given the term "serious bodily injury" under Section 1365 (h)(3) of Title 18, U.S.C.

(d) Weapon has the meaning given the term "dangerous weapon" under Section 930 (g)(2) of Title 18, U.S.C.

History

Statutory Authority: RCW 28A.155.090. WSR 17-23-054, § 392-172A-05149, filed 11/9/17, effective 12/10/17.

Wash. Admin. Code § 392-172A-05150 Notification of change of placement.

On the date on which the decision is made to make a removal that constitutes a change of placement of a student eligible for special education services because of a violation of a code of student conduct, the school district must notify the parents of that decision, and provide the parents the procedural safeguards notice.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05150, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05150, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05150, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-05150, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05150, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05155 Change of placement because of disciplinary removals.

(1) For purposes of removals of a student eligible for special education services from the student's current educational placement, because of disciplinary removals, a change of placement occurs if:

(a) The removal is for more than ten consecutive school days; or

(b) The student has been subjected to a series of removals that constitute a pattern:

(i) Because the series of removals total more than ten school days in a school year;

(ii) Because the student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removals; and

(iii) Because of such additional factors as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another.

(2) The school district determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.

(3) The determination regarding a disciplinary change of placement is subject to review through due process and judicial proceedings.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05155, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05155, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05155, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05160 Appeal of placement decisions and manifestation determinations.

(1) The parent of a student eligible for special education services who disagrees with any decision regarding placement under WAC 392-172A-05145 and 392-172A-05155, or the manifestation determination under WAC 392-172A-05146, or a school district that believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, may appeal the decision by requesting a due process hearing. The hearing is requested by filing a due process hearing request pursuant to WAC 392-172A-05080 and 392-172A-05085.

(2)(a) An administrative law judge under WAC 392-172A-05095 hears, and makes a determination regarding an appeal under subsection (1) of this section.

(b) In making the determination under (a) of this subsection, the administrative law judge may:

(i) Return the student to the placement from which the student was removed if the administrative law judge determines that the removal was a violation of WAC 392-172A-05145 through 392-172A-05155 or that the student's behavior was a manifestation of the student's disability; or

(ii) Order a change of placement of the student to an appropriate interim alternative educational setting for not more than forty-five school days if the administrative law judge determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

(c) The procedures under subsection (1) of this section and (b) of this subsection may be repeated, if the school district believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

(3) Whenever a hearing is requested under subsection (1) of this section, the parents and the school district involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of WAC 392-172A-05080 through 392-172A-05090 and 392-172A-05100 through 392-172A-05110, except:

(a) The due process hearing must be expedited, and must occur within twenty school days of the date the due process hearing request is filed. The administrative law judge must make a determination within ten school days after the hearing.

(b) Unless the parents and school district agree in writing to waive the resolution meeting described in (b)(i) of this subsection, or agree to use the mediation process:

(i) A resolution meeting must occur within seven days of the date the due process hearing request is filed; and

(ii) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within fifteen days of the date the due process hearing request is filed.

(4) The administrative hearing decisions on expedited due process hearings may be appealed, by initiating a civil action consistent with WAC 392-172A-05115.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05160, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05160, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05160, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05165 Placement during an appeal through a due process hearing.

When either the parent or the school district requests a due process hearing, the student must remain in the interim alternative educational setting pending the decision of the administrative law judge or until the expiration of the time period specified in WAC 392-172A-05148 or 392-172A-05149, whichever occurs first, unless the parent and the school district agree otherwise.

History

Statutory Authority: RCW 28A.155.090. WSR 17-23-054, § 392-172A-05165, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05165, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05170 Protections for students not determined eligible for special education and related services.

(1) A student who has not been determined to be eligible for special education and related services under this chapter and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in this chapter if the school district had knowledge as determined in accordance with subsection (2) of this section that the student was a student eligible for special education services before the behavior that precipitated the disciplinary action occurred.

(2) Basis of knowledge. A school district must be deemed to have knowledge that a student is eligible for special education services if before the behavior that precipitated the disciplinary action occurred:

(a) The parent of the student expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the student, that the student is in need of special education and related services;

(b) The parent of the student requested an evaluation of the student pursuant to WAC 392-172A-03005; or

(c) The teacher of the student, or other personnel of the school district, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the director of special education or to other supervisory personnel of the school district.

(3) A school district would not be deemed to have knowledge under subsection (2) of this section if:

(a) The parent of the student:

(i) Has not allowed an evaluation of the student pursuant to WAC 392-172A-03000 through 392-172A-03080; or

(ii) Has refused services under this chapter; or

(b) The student has been evaluated in accordance with WAC 392-172A-03005 through 392-172A-03080 and determined to not be eligible for special education and related services under this part.

(4)(a) If a school district does not have knowledge that a student is eligible for special education services prior to taking disciplinary measures against the student, the student may be disciplined using the same disciplinary measures applied to students without disabilities who engage in comparable behaviors consistent with (b) of this subsection.

(b)(i) If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures under WAC 392-172A-05145, 392-172A-05148, or 392-172A-05149 the evaluation must be conducted in an expedited manner.

(ii) Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion.

(iii) If the student is determined to be eligible for special education services, taking into consideration information from the evaluation conducted by the school district and information provided by the parents, the agency must provide special education and related services in accordance with this chapter and follow the discipline requirements, including the provision of a free appropriate public education for students suspended or expelled from school.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05170, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05170, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-05170, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05170, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05175 Referral to and action by law enforcement and judicial authorities.

(1) Nothing in this chapter prohibits a school district or other agency from reporting a crime committed by a student to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a student eligible for special education services.

(2) An agency reporting a crime committed by a student eligible for special education services must ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom the agency reports the crime, to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05175, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05175, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05180 Definitions—Destruction of records, educational records, participating agency.

As used in WAC 392-172A-05180 through 392-172A-05245:

(1) Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

(2) Education records means the type of records covered under the definition of "education records" in the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.

(3) "Participating agency" means any agency or institution which collects, maintains, or uses personally identifiable information or from which information is obtained in implementing this chapter, and includes the OSPI, school districts and other public agencies.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-05180, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05180, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05185 Notice to parents.

(1) Parents of students eligible for special education services have rights regarding the protection of the confidentiality of any personally identifiable information collected, used, or maintained under WAC 392-172A-05180 through 392-172A-05240, the Family Educational Rights and Privacy Act of 1974, as amended, state laws contained in Title 28A RCW that address personally identifiable information, regulations implementing state law, and Part B of IDEA.

(2) State forms, procedural safeguards and parent handbooks regarding special education services are available in multiple languages, and alternate formats upon request.

(3) Personally identifiable information about students for use by the OSPI special education division, may be contained in state complaints, due process hearing requests and decisions, monitoring, safety net applications, and mediation agreements. The state may also receive personally identifiable information as a result of grant evaluation performance. This information is removed before forwarding information to other agencies or individuals requesting the information, unless the parent or adult student consents to release the information or the information is allowed to be released without parent consent under the regulations implementing the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.

(4) School districts are responsible for child find activities for students who may be eligible for special education services. If the state were to conduct any major identification, location, or evaluation activity, the state would publish notices in newspapers with circulation adequate to notify parents throughout the state of the activity, notify school districts and post information on its website.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05185, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-05185, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05185, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05185, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05190 Access rights.

(1) Each participating agency shall permit parents of students eligible for special education services to inspect and review, during school business hours, any educational records relating to the student which are collected, maintained, or used by the district or other public agency under this chapter. The school district shall comply with a request promptly and before any meeting regarding an individualized education program or hearing or resolution session relating to the identification, evaluation, educational placement of the student or provision of FAPE to the student, including disciplinary proceedings. The school district shall respond, in no case, more than forty-five calendar days after the request has been made.

(2) The right to inspect and review educational records under this section includes:

(a) The right to a response from the school district to reasonable requests for explanations and interpretations of the records;

(b) The right to request that the school district provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

(3) A participating agency may presume that a parent has authority to inspect and review records relating to his or her student unless the school district or other public agency has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05190, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05190, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05195 Record of access.

Each school district or other public agency shall keep a record of parties obtaining access to educational records collected, maintained, or used under this chapter including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. The agency is not required to keep a record of access by parents, and authorized employees with a legitimate educational interest in the records.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05195, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05200 Records on more than one student.

If any educational record includes information on more than one student, the parent of those students shall have the right to inspect and review only the information relating to their child or themselves, or to be informed of that specific information.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05200, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05205 List of records.

Each school district or other public agency shall provide parents and adult students on request a list of the types and locations of educational records collected, maintained, or used by the agency.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05205, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05210 Fees.

(1) A participating agency may charge a fee for copies of records which are made for parents under this chapter if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.

(2) A participating agency may not charge a fee to search for or to retrieve information under this chapter.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05210, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05215 Amendment of records and hearing rights.

(1) A parent of a student who believes that information in educational records collected, maintained, or used under this chapter is inaccurate or misleading or violates the privacy or other rights of the student may request that the school district which maintains the information amend the information.

(2) The school district shall decide whether to amend the information in accordance with the request within a reasonable period of time after receipt of the request.

(3) If the school district refuses to amend the information in accordance with the request, it shall inform the parent of the refusal and advise the parent of the right to a hearing, conducted by the school district, in accordance with school district procedures.

(4) The school district, on request, shall provide the parent an opportunity for a hearing to challenge information, in the educational records, to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student.

(5) If, as a result of the hearing, the school district decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the agency shall amend the information accordingly and so inform the parent in writing.

(6) If, as a result of the hearing, the school district decides that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the agency shall inform the parents of the right to place a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the school district in the records it maintains on the student.

(7) Any explanation placed in the records of the student in compliance with this section shall:

(a) Be maintained by the school district as part of the records of the student as long as the records or the contested portion is maintained by the educational agency; and

(b) Be disclosed to any party to whom the records of the student (or the contested portion thereof) are disclosed.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05215, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05220 Hearing on a request to amend records.

A hearing initiated pursuant to WAC 392-172A-05215 to challenge information in educational records shall be conducted according to procedures developed by the school district or other public agency, and in conformance with the procedures in 34 C.F.R. 99.22 that include at least the following elements:

(1) The hearing shall be held within a reasonable period of time after the school district has received the request;

(2) The parent shall be given notice of the date, place, and time reasonably in advance of the hearing;

(3) The hearing may be conducted by any party, including an official of the school district, who does not have a direct interest in the outcome of the hearing;

(4) The parent shall be afforded a full and fair opportunity to present evidence relevant to the amendment request and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney;

(5) The school district shall provide a written decision to the parent within a reasonable period of time after the conclusion of the hearing; and

(6) The decision of the agency shall:

(a) Be based solely upon the evidence presented at the hearing; and

(b) Include a summary of the evidence and the reasons for the decision.

History

Statutory Authority: RCW 28A.155.090, 20 U.S.C. 1400 (c)(12)(C), 20 U.S.C. 1401 (3)(A)(i), and 20 U.S.C. 1401 (30)(C). WSR 11-06-052, § 392-172A-05220, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05220, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05225 Consent for release of records.

(1) Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with subsection (2)(a) of this section, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 C.F.R. Part 99.

(2)(a) Except as provided in this section, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this part.

(b) Parental consent, or the consent of an eligible student who has reached the age of majority under state law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.

(3) If a student is enrolled, or is going to enroll, in a private school that is not located in the school district of the student's residence, parental consent must be obtained before any personally identifiable information about the student is released between officials in the school district where the private school is located and officials in the school district of the student's residence, unless the parent is part-time enrolling the student in the resident district pursuant to chapter 392-134 WAC.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05225, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05230 Safeguards.

(1) Each participating agency shall protect the confidentiality of personally identifiable information at the collection, storage, disclosure, and destruction stages.

(2) One official at each participating agency shall be designated as the individual responsible for assuring the confidentiality of any personally identifiable information.

(3) All persons collecting or using personally identifiable information shall receive training or instruction regarding the procedures on protection of the confidentiality of personally identifiable information contained in this chapter, state education law, the regulations implementing the Family Educational Rights and Privacy Act (34 C.F.R. Part 99), and the school district's procedures.

(4) Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05230, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05235 Destruction of educational records.

(1) Each school district shall inform parents and adult students when personally identifiable information collected, maintained, or used in compliance with this chapter is no longer needed to provide educational services to the student, or is no longer required to be retained under state or federal law. State procedures for school district records retention are published by the secretary of state, division of archives and records management, and specify the length of time that education records must be retained.

(2) The information shall thereafter be destroyed at the request of the parent or adult student. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05235, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05240 Student rights to educational records.

If the rights accorded to parents under this chapter are transferred to a student who reaches the age of eighteen, or is determined to be emancipated sooner, consistent with WAC 392-172A-05135, the rights regarding educational records are also transferred to the student. However, the school district must continue to provide any notice required under section 615 of the act to the student and the parents.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05240, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-05245 District procedures for confidential information.

(1) School districts must ensure that their policies and procedures for protection of confidential information comply with WAC 392-172A-05180 through 392-172A-05240.

(2) OSPI reviews compliance through targeted monitoring activities, and state complaints.

(3) If school districts do not have procedures in place that comply with subsection (1) of this section, OSPI will require the school district to correct noncompliance through corrective actions that include, but are not limited to:

(a) Review and revision of district procedures; and

(b) Technical assistance.

(4) To the extent that any violations that exist under this section are also violations under 34 C.F.R. Part 99, complaints regarding a participating agency's failure to comply may be addressed to the United States Department of Education, Family Policy Compliance Office.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-05245, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05245, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06000 Condition of assistance.

As a condition of receipt and expenditure of federal special education funds, a school district or other public agency shall annually submit a request for federal funds to the OSPI, and conduct its special education and related services program in compliance with the requirements of this chapter. The request shall be made through an application that includes, but is not limited to, the following assurances and types of information:

(1) Assurances that: The school district or other public agency meets each of the conditions contained in 34 C.F.R. 300.201 through 300.213 relating to:

(a) Development of policies and procedures consistent with this chapter and Part B of the act;

(b) The provision of FAPE to students;

(d) Development of an IEP;

(e) The provision of services in the least restrictive environment, and the availability of a continuum of services, including access to extracurricular and nonacademic activities;

(f) The provision of procedural safeguard protections and implementation of the procedural safeguards notices;

(g) Confidentiality of records and information;

(h) Transition of children from Part C to Part B services;

(i) Participation of students enrolled in private school programs, using a proportional share of Part B funds;

(j) Placement of students in private school programs to provide FAPE or placement of students in private school programs by their parents when FAPE is at issue;

(k) Use of funds;

(l) Personnel preparation;

(m) Availability of documents relating to the eligibility of the school district;

(n) Provision to OSPI of all necessary information and data for the state's performance goals;

(o) Provision of instructional materials to blind persons or persons with print disabilities;

(p) Timely correction of noncompliance; and

(q) A goal and detailed timetable for providing full educational opportunity to all students eligible for special education services.

(2) Identification of the school district designee responsible for child identification activities and confidentiality of information.

(3) Information that addresses the school district's progress or slippage in meeting the state's performance goals and in addressing the state's annual performance plan.

(4) A description of the use of funds received under Part B of the act.

(5) Any other information requested by the OSPI which is necessary for the management of the special education program, including compliance with enforcement activities related to monitoring, due process, community complaints, or determinations status.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06000, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06000, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-06000, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06000, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06005 Consistency with state policies.

The school district or other public agency, in providing for the education of students eligible for special education services must have in effect policies, procedures, and programs that are consistent with the state policies and procedures established in this chapter.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06005, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-06005, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06005, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06010 School district use of funds.

(1) Part B funds provided to school districts:

(a) Must be expended in accordance with the applicable provisions of this chapter;

(b) Must be used only to pay the excess costs of providing special education and related services to students eligible for special education services, consistent with this chapter; and

(2) The excess cost requirement prevents a school district from using funds provided under Part B of the act to pay for all of the costs directly attributable to the education of a student eligible for special education services.

(3)(a) A school district meets the excess cost requirement if it has spent at least a minimum average amount for the education of its students eligible for special education services before funds under Part B of the act are used.

(b) The excess cost amount is determined in accordance with the definition of excess costs in WAC 392-172A-01075. That amount may not include capital outlay or debt service.

(4) If two or more school districts jointly establish eligibility in accordance with WAC 392-172A-06075 and 392-172A-06080, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in those school districts for elementary or secondary school students, as the case may be.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06010, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06010, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06015 Maintenance of effort.

(1)(a) Eligibility standard. For purposes of establishing the school district's eligibility for an award for a fiscal year, the OSPI must determine that the school district budgets, for the education of students eligible for special education services, at least the same amount, from at least one of the following sources, as the school district spent for that purpose from the same source for the most recent fiscal year for which information is available:

(i) Local funds only;

(ii) The combination of state and local funds;

(iii) Local funds only on a per capita basis; or

(iv) The combination of state and local funds on a per capita basis.

(b) When determining the amount of funds that the school district must budget to meet the requirement in (a) of this subsection, the school district may take into consideration, to the extent the information is available, the exceptions and adjustment provided in WAC 392-172A-06020 and 392-172A-06025 that the school district:

(i) Took in the intervening year or years between the most recent fiscal year for which information is available and the fiscal year for which the school district is budgeting; and

(ii) Reasonably expects to take in the fiscal year for which the school district is budgeting.

(c) Expenditures made from funds provided by the federal government for which the OSPI is required to account to the federal government or for which the school district is required to account to the federal government directly or through the OSPI may not be considered in determining whether a school district meets the standard in (a) of this subsection.

(2)(a) Compliance standard. Except as provided under WAC 392-172A-06020 and 392-172A-06025, funds provided to school districts or other public agencies under Part B of the IDEA may not be used to reduce the level of expenditures for the education of students eligible for special education services made by it from local funds below the level of those expenditures for the preceding fiscal year.

(b) A school district meets this standard if it does not reduce the level of expenditures made by the school district for the education of students eligible for special education services from at least one of the following sources below the level of those expenditures from the same source for the preceding year except as provided under WAC 392-172A-06020 and 392-172A-06025:

(i) Local funds only.

(ii) The combination of state and local funds.

(iii) Local funds only on a per capita basis; or

(iv) The combination of state and local funds on a per capita basis.

(c) The OSPI may not consider any expenditures made from funds provided by the federal government for which the OSPI is required to account to the federal government or for which the school district is required to account to the federal government directly or through the OSPI in determining a school district's compliance with the requirement in subsection (1)(a) and (b) of this section.

(3)(a) Subsequent years. If, in the fiscal year beginning on July 1, 2013, or July 1, 2014, a school district fails to meet the requirements of 34 C.F.R. 300.203 in effect at that time, the level of expenditures required of the school district for the fiscal year subsequent to the year of the failure is the amount that would have been required in the absence of that failure, not the school district's reduced levels of expenditures.

(b) If, in any fiscal year beginning on July 1, 2015, a school district fails to meet the requirement of subsection (1)(a)(i) or (iii) of this section and the school district is relying on local funds only, or local funds only on a per capita basis, to meet the requirements of 34 C.F.R. 203 (a) and (b), the level of expenditures required of the school district for the fiscal year subsequent to the year of the failure is the amount that would have been required under subsection (1)(a)(i) or (iii) of this section in the absence of that failure, not the school district's reduced level of expenditures.

(c) If, in any fiscal year beginning on July 1, 2015, a school district fails to meet the requirement of subsection (1)(a)(ii) or (iv) of this section and the school district is relying on the combination of state and local funds or the combination of state and local funds on a per capita basis, to meet the requirements of 34 C.F.R. 203 (a) and (b), the level of expenditures required of the school district for the fiscal year subsequent to the year of the failure is the amount that would have been required under subsection (1)(a)(ii) or (iv) of this section in the absence of that failure, not the school district's reduced level of expenditures.

(4) If a school district fails to maintain its level of expenditures for the education of student's eligible for special education services in accordance with subsection (1) of this section, OSPI is liable in a recovery action under 20 U.S.C. 1234a to return to the United States Department of Education, using nonfederal funds, an amount equal to the amount by which the school district failed to maintain its level of expenditures in accordance with this subsection (1) of this section in that fiscal year, or the amount of the school district's Part B subgrant, in that fiscal year, whichever is lower.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06015, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.150.290. WSR 15-18-077, § 392-172A-06015, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06015, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06020 Exception to maintenance of effort.

A school district or other public agency may reduce the level of expenditures made by it under Part B of the IDEA below the level of those expenditures for the preceding fiscal year if the reduction is attributable to:

(1) The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel;

(2) A decrease in the enrollment of students eligible for special education services;

(3) The termination of the obligation of the district or agency, consistent with this chapter, to provide a program of special education services to a particular student that is an exceptionally costly program as determined by the state, because the student:

(a) Has left the jurisdiction of the district or agency;

(b) Has reached the age at which the obligation of the district or agency to provide a free appropriate public education to the student has terminated; or

(4) The termination of costly expenditures for long-term purchases such as the acquisition of equipment or the construction of school facilities.

(5) The assumption of costs by the high needs safety net fund operated by the OSPI.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06020, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06020, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06025 Adjustment to local fiscal efforts in certain fiscal years.

(1) Notwithstanding WAC 392-172A-06010 and 392-172A-06015(2) and except as provided in subsection (4) of this section, for any fiscal year for which the allocation received by a school district exceeds the amount the school district received for the previous fiscal year, the school district may reduce the level of expenditures otherwise required by WAC 392-172A-06015(1) by not more than fifty percent of the amount of that excess.

(2) If a school district exercises the authority under subsection (1) of this section, the school district must use an amount of local funds equal to the reduction in expenditures under subsection (1) of this section to carry out activities that could be supported with funds under the ESEA regardless of whether the school district is using funds under the ESEA for those activities.

(3) Notwithstanding subsection (1) of this section, if OSPI determines that a school district is unable to establish and maintain programs of FAPE that meet the requirements of this chapter and Part B of the act, the OSPI must prohibit the school district from reducing the level of expenditures under subsection (1) of this section for that fiscal year.

(4) The amount of funds expended by a school district for early intervening services under WAC 392-172A-06085 shall count toward the maximum amount of expenditures that the school district may reduce under subsection (1) of this section.

History

Statutory Authority: RCW 28A.150.290. WSR 15-18-077, § 392-172A-06025, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06025, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06030 School wide programs under Title 1 of the ESSA.

(1) A school district may use funds received under Part B of the act for any fiscal year to carry out a school wide program under 20 U.S.C. Section 6314, except that the amount used in any school wide program may not exceed:

(a) The amount received by the school district under Part B for that fiscal year; divided by the number of students eligible for special education services in the jurisdiction; multiplied by

(b) The number of students eligible for special education services participating in the school wide program.

(2) The funds described in subsection (1) of this section may be used without regard to WAC 392-172A-06010 (1)(a).

(3) The funds described in subsection (1) of this section must be considered as federal Part B funds for purposes of the calculations in WAC 392-172A-06015(2).

(4) Except as provided in subsections (2) and (3) of this section, all other requirements of Part B must be met, including ensuring that students eligible for special education services in school wide program schools:

(a) Receive services in accordance with a properly developed IEP; and

(b) Are afforded all of the rights and services guaranteed to students eligible for special education services under the IDEA.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06030, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-06030, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.150.290. WSR 15-18-077, § 392-172A-06030, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06030, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06030, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06035 Permissive use of funds.

(1) Funds provided to a school district under Part B of the act may be used for the following activities:

(a) For the costs of special education and related services, and supplementary aids and services, provided in a general education class or other education-related setting to a student eligible for special education services in accordance with the IEP of the student, even if one or more nondisabled students benefit from these services.

(b) To develop and implement coordinated, early intervening educational services in accordance with WAC 392-172A-06085.

(c) To establish and implement cost or risk sharing funds, consortia, or cooperatives for the school district itself, or for school districts working in a consortium of which the district is a part, to pay for high cost special education and related services.

(2) A school district may use funds received under Part B of the act to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the IEP of students eligible for special education services, that are needed for the implementation of those case management activities.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06035, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06035, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06040 Purchase of and access to instructional materials.

The OSPI has elected to coordinate with the National Instructional Materials Access Center (NIMAC). School districts have the option of coordinating with NIMAC.

(1) Not later than December 3, 2006, a school district that chooses to coordinate with NIMAC, when purchasing print instructional materials, including digital instructional materials, must acquire those instructional materials in accordance with subsection (2) of this section.

(2) If a school district chooses to coordinate with the NIMAC, as of December 3, 2006, it must:

(a) As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, must enter into a written contract with the publisher of the print instructional materials to:

(i) Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or

(ii) Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.

(b) Make all reasonable attempts to provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

(c) In carrying out this section, the school district, to the maximum extent possible, must work with the state instructional resources center.

(3) For the purposes of this section:

(a) Blind persons or other persons with print disabilities means students served under this part who may qualify to receive books and other publications produced in specialized formats in accordance with the act entitled "An Act to provide books for adult blind," approved March 3, 1931, 2 U.S.C. 135a;

(b) National Instructional Materials Access Center or NIMAC means the center established pursuant to section 674(e) of the act;

(c) National Instructional Materials Accessibility Standard or NIMAS has the meaning given the term in section 674 (e)(3)(B) of the act;

(d) Specialized formats has the meaning given the term in section 674 (e)(3)(D) of the act.

(4) The definitions in subsection (3) of this section apply to each school district, whether or not the school district chooses to coordinate with the NIMAC.

(5) Nothing in this section shall be construed to require a school district to coordinate with the NIMAC.

(6) If a school district chooses not to coordinate with the NIMAC, the school district must provide an assurance to the OSPI that the school district will provide instructional materials to blind persons or other persons with print disabilities by other means in a timely manner.

(7) Nothing in this section relieves a school district of its responsibility to ensure that students eligible for special education services who need instructional materials in accessible formats but are not included under the definition of blind or other persons with print disabilities or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06040, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06040, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06040, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06045 School district information for the OSPI.

(1) The school district must provide the OSPI with information that is necessary to enable the OSPI to carry out its duties under Part B of the act and state law including, but not limited to, child count, least restrictive environment, suspension and expulsion rates, disproportionality, and other information relating to the performance of students eligible for special education services participating in programs carried out under Part B of the act.

(2) The information will be provided to the OSPI in the form and by the timelines specified for a particular report.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06045, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06045, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06045, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06050 Public information.

The school district must make available to parents of students eligible for special education services and to the general public all documents relating to the eligibility of the school district under Part B of the act.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06050, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06050, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06050, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06055 Records regarding migratory students eligible for special education services.

The school district must cooperate in the secretary's efforts under 20 U.S.C. Section 6398 to ensure the linkage of records pertaining to migratory students eligible for special education services for the purpose of electronically exchanging, among the states, health and educational information regarding those students.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06055, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-06055, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06055, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06055, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06060 Exception for prior policies and procedures.

(1) If a school district has policies and procedures on file with the OSPI that demonstrate that the school district meets the requirements of WAC 392-172A-06000, including any policies and procedures filed under Part B of the act as in effect before December 3, 2004, the OSPI must consider the school district to have met that requirement for purposes of receiving assistance under Part B of the act.

(2) Subject to subsection (3) of this section, policies and procedures submitted by a school district in accordance with this subpart remain in effect until the school district submits to the OSPI the modifications that the school district determines are necessary.

(3) The OSPI may require a school district to modify its policies and procedures, but only to the extent necessary to ensure the school district's compliance with Part B of the act or state law, if:

(a) After December 3, 2004, the applicable provisions of the act or federal or state regulations developed to carry out the act, are amended;

(b) There is a new interpretation of an applicable provision of the act by federal or state courts; or

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06060, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06060, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06065 Notification of a school district in case of ineligibility.

(1) In the event the OSPI determines that a school district is not eligible under Part B of the act, or is not complying with corrective actions as a result of monitoring, state complaints, or due process decisions and the OSPI intends to withhold or recover funds in whole or in part, the school district shall be provided:

(a) Written notice of intent to withhold or recover funds and the reasons supporting its notice;

(b) The school district's opportunity for a hearing before the superintendent of public instruction's designee prior to a denial of the request.

(2) The OSPI shall provide an opportunity for a hearing before it disapproves the request in accordance with the following procedures:

(a) The applicant shall request the hearing within thirty days of receiving notice of the action of the OSPI.

(b) Within thirty days after it receives a request, the OSPI shall hold a hearing to review its action. At the hearing, the district shall have the opportunity to provide the superintendent's designee with documentary evidence demonstrating that the OSPI erred in reaching its determination.

(c) The superintendent's designee shall consider any new evidence provided and respond in writing to the school district within thirty days, by affirming the initial determination, rescinding its initial determination, or issuing a revised determination.

(d) If the district remains unsatisfied with the OSPI's determination, it may file an appeal of OSPI's determination with the office of administrative hearings within thirty days of receiving OSPI's final determination. Procedures for filing an appeal of a determination under this section shall be in accordance with the Administrative Procedure Act, chapter 34.05 RCW and chapter 10-08 WAC.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06065, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06065, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06065, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06070 School district compliance.

(1) If the OSPI, after reasonable notice and an opportunity for a hearing, finds that a school district determined to be eligible under this subpart is failing to comply with any requirement described in WAC 392-172A-06000 through 392-172A-06060, the OSPI must reduce or must not provide any further payments to the school district until the OSPI is satisfied that the school district is complying with that requirement.

(2) Any school district in receipt of a notice of intent to withhold or recover funds must, by means of a public notice, take the measures necessary to bring the pendency of an action under this section to the attention of the public, within its jurisdiction.

(3) In carrying out its responsibilities under this section, the OSPI must consider the results of a due process hearing decision that is adverse to a school district.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06070, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06070, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06075 Collaborative requests.

(1) The OSPI may require districts to submit a collaborative request for payments under Part B of the act if it is determined that a single district would be disapproved because the district is unable to establish and maintain programs of sufficient size and scope to effectively meet the educational needs of students eligible for special education services. Districts that apply for Part B funds in a collaborative request must meet the same minimum requirements as a single school district applicant. The request must be signed by the superintendent of each participating school district. The districts are jointly responsible for implementing programs receiving payments under Part B of the act. The total amount of funds made available to the affected school districts will be equal to the sum each would have received separately.

(2) The OSPI may not require a charter school to jointly establish its eligibility under subsection (1) of this section unless the charter school is explicitly permitted to do so under chapter 28A.710 RCW.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06075, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06075, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06075, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06080 Requirements for establishing eligibility.

(1) School districts that establish joint eligibility under this section must:

(a) Adopt policies and procedures that are consistent with the state's policies and procedures under WAC 392-172A-06005; and

(b) Be jointly responsible for implementing programs that receive assistance under Part B of the act.

(2) If an educational service agency has authority to carry out programs under part B of the act, the joint responsibilities given to school districts:

(a) Do not apply to the administration and disbursement of any payments received by the educational service agency; and

(b) Must be carried out only by that educational service agency.

(3) Regardless of any other provisions in WAC 392-172A-06075 and 392-172A-06080, an educational service agency must provide for the education of eligible students in the least restrictive environment.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-06080, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06080, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06085 Coordinated early intervening services.

(1) A school district may use up to fifteen percent of the amount the school district receives under Part B of the act for any fiscal year, less any amount reduced by the school district pursuant to WAC 392-172A-06015 if any, in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated early intervening services (CEIS), which may include interagency financing structures. Those services are for students in kindergarten through grade twelve, with a particular emphasis on students in kindergarten through grade three, who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.

(2) In implementing coordinated early intervening services under this section, a school district may carry out activities that include:

(a) Professional development, which may be provided by entities other than the school district, for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and

(b) Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.

(3) Nothing in this section shall be construed to either limit or create a right to FAPE under Part B of the act or to delay appropriate evaluation of a student suspected of having a disability.

(4) Each school district that implements coordinated early intervening services under this section must annually report to the OSPI on:

(a) The number of students served under this section who received coordinated early intervening services; and

(b) The number of students served under this section who received coordinated early intervening services and later received special education and related services within the following two year period.

(5) Funds made available to carry out this section may be used to carry out coordinated early intervening services aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section.

(6) Districts who have been identified as having significant disproportionality will be required to reserve the maximum amount of fifteen percent of its Part B funds to develop and implement comprehensive coordinated early intervening services (CCEIS) for students, in accordance with WAC 392-172A-07040.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06085, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-06085, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06085, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06090 Direct services by the OSPI.

(1) OSPI must use the payments that would otherwise have been available to a school district to provide special education and related services directly to students eligible for special education services in the area served by that school district, if the OSPI determines that the school district:

(a) Has not provided the information needed to establish the eligibility of the school district, or elected not to apply for its Part B allotment, under Part B of the act;

(b) Is unable to establish and maintain programs of FAPE that meet the requirements of this part;

(c) Is unable or unwilling to be consolidated with one or more school districts in order to establish and maintain the programs; or

(d) Has one or more students eligible for special education services who can best be served by a regional or state program or service delivery system designed to meet the needs of these students.

(2)(a) In meeting the requirements in subsection (1) of this section, the OSPI may provide special education and related services directly, by contract, or through other arrangements.

(b) The excess cost requirements of WAC 392-172A-01075 do not apply to the OSPI.

(3) The OSPI may provide special education and related services in the manner and at the location as the OSPI considers appropriate. The education and services must be provided in accordance with this chapter.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-06090, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06090, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-06095 State agency eligibility.

Any state agency that desires to receive a subgrant for any fiscal year for Part B funding must demonstrate to the satisfaction of the OSPI that:

(1) All children with disabilities who are participating in programs and projects funded under Part B of the act receive FAPE, and that those children and their parents are provided all the rights and procedural safeguards described in this part; and

(2) The agency meets the other conditions of this subpart that apply to school districts.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-06095, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07000 Methods of ensuring services.

(1) The OSPI must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in this section and the OSPI, in order to ensure that all services that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under (c) of this subsection. The agreement or mechanism shall contain:

(a) An identification of, or a method of defining, the financial responsibility of each agency for providing services to ensure FAPE to students eligible for special education services. The financial responsibility of each noneducational public agency, including the state medicaid agency and other public insurers of students eligible for special education services, must precede the financial responsibility of the school district.

(b) The conditions, terms, and procedures under which a school district must be reimbursed by other agencies.

(c) Procedures for resolving interagency disputes (including procedures under which school districts may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.

(d) Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in subsection (2)(a) of this section.

(2)(a) If any public agency other than an educational agency is otherwise obligated under federal or state law, or assigned responsibility under state policy or pursuant to subsection (1) of this section, to provide or pay for any services that are also considered special education or related services such as, but not limited to, assistive technology devices and services, related services, whether provided as specially designed instruction or related services; supplementary aids and services, and transition services that are necessary for ensuring FAPE to students eligible for special education services, the noneducational public agency must fulfill that obligation or responsibility, either directly or through contract or other arrangement pursuant to subsection (1) of this section.

(b) A noneducational public agency described in subsections (1)(a) and (2) of this section may not disqualify an eligible service for medicaid reimbursement because that service is provided in a school context.

(c) If a noneducational public agency other than a school district fails to provide or pay for the special education and related services described in (a) of this subsection, the school district developing the student's IEP must provide or pay for these services to the student in a timely manner. The school district is authorized to claim reimbursement for the services from the noneducational public agency that failed to provide or pay for these services and that agency must reimburse the school district or state agency in accordance with the terms of the interagency agreement or other mechanism described in subsection (1) of this section.

(3) The requirements of subsection (1) of this section may be met through:

(a) State statute or regulation;

(b) Signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07000, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-07000, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07000, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07005 Students eligible for special education services who are covered by public benefits or insurance or private insurance.

(1) A school district may use the medicaid or other public benefits or insurance programs in which a student participates to provide or pay for services required under Part B of the act, as permitted under the public benefits or insurance program, except as provided under subsection (2) of this section.

(2) With regard to services required to provide FAPE to an eligible student, the school district:

(a) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their student to receive FAPE under Part B of the act;

(b) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but may pay the cost that the parents otherwise would be required to pay;

(i) Decrease available lifetime coverage or any other insured benefit;

(ii) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the student outside of the time the student is in school;

(iii) Increase premiums or lead to the discontinuation of benefits or insurance; or

(iv) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and

(d) Prior to accessing a student's or parent's public benefits or insurance for the first time, and after providing notification to the student's parents consistent with subsection (3) of this section, the school district must obtain written, parental consent that:

(i) Meets the requirements of 34 C.F.R. Sec. 99.30 and WAC 392-172A-05225, which consent must specify:

(A) The personally identifiable information that may be disclosed, such as records or information about the services that may be provided to a particular student;

(B) The purpose of the disclosure, such as billing for services under the act; and

(ii) Specifies that the parent understands and agrees that the public agency may access the parent's or student's public benefits or insurance to pay for services under the act.

(3) Prior to accessing a student's or parent's public benefits or insurance for the first time, and annually thereafter, the school district must provide written notification, consistent with WAC 392-172A-05010(3) to the student's parents, that includes:

(a) A statement of the parental consent provisions in subsection (2)(d)(i) of this section;

(b) A statement of the "no cost" provisions in subsection (2)(b) and (c) of this section;

(c) A statement that the parents have the right under 34 C.F.R. Part 99 and WAC 392-172A-05225 to withdraw their consent to disclosure of their child's personally identifiable information to the agency responsible for the administration of the state's public benefits or insurance program at any time; and

(d) A statement that the withdrawal of consent or refusal to provide consent under 34 C.F.R. Part 99 and WAC 392-172A-05225 to disclose personally identifiable information to the agency responsible for the administration of the state's public benefits or insurance program does not relieve the school district of its responsibility to ensure that all required services are provided at no cost to the parents.

(4) With regard to services required to provide FAPE to an eligible student under this part, a school district may access the parents' private insurance proceeds only if the parents provide consent. Each time the public agency proposes to access the parents' private insurance proceeds, the school district must:

(a) Obtain parental consent; and

(b) Inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the school district of its responsibility to ensure that all required services are provided at no cost to the parents.

(5)(a) If a school district is unable to obtain parental consent to use the parents' private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under this part, to ensure FAPE the public agency may use its Part B funds to pay for the service.

(b) To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the school district may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parents' benefits or insurance such as deductible or co-pay amounts.

(6) Proceeds from public benefits or insurance or private insurance will not be treated as program income for purposes of 34 C.F.R. 80.25.

(7) If a school district spends reimbursements from federal funds such as medicaid, for services under this part, those funds will not be considered state or local funds for purposes of the maintenance of effort provisions.

(8) Nothing in this part should be construed to alter the requirements imposed on a state medicaid agency, or any other agency administering a public benefits or insurance program by federal statute, regulations or policy under Title XIX, or Title XXI of the Social Security Act, 42 U.S.C. Secs. 1396 through 1396v and 42 U.S.C. Secs. 1397aa through 1397jj, or any other public benefits or insurance program.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07005, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-07005, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07005, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07010 Monitoring.

(1) The OSPI monitors school districts' special education programs to:

(a) Improve educational results and functional outcomes for all students eligible for special education services;

(b) Ensure that school districts meet the program requirements under Part B of the act with a particular emphasis on those requirements that are most closely related to improving educational results for students eligible for special education services;

(c) Determine the school district's compliance with this chapter, chapter 28A.155 RCW, and federal regulations implementing 20 U.S.C. Sec. 1400, et seq.;

(d) Validate information included in school district requests for federal funds; and

(e) Measure and report school district performance on relative targets and priorities from federally approved state performance plans.

(2) Procedures for monitoring school districts and other public agencies may include any or all of the following:

(a) Conducting on-site visits, off-site desk reviews, and/or district self-assessments;

(b) Collection, review, and analysis of such quantitative and qualitative data and other information as OSPI determines necessary to measure performance in the following areas:

(i) Provision of a FAPE in the least restrictive environment;

(ii) State exercise of general supervision, including child find, effective monitoring, and the use of resolution meetings, mediation, and a system of transition services; and

(iii) Racial and ethnic disproportionality with regard to the identification, placement, or discipline of students receiving special education services.

(3) As part of the monitoring process, a notification of identified noncompliance shall be issued to the school district. This notification will initiate a process of correction, verification, and validation to ensure that the noncompliance is corrected as soon as possible, but no later than one year from the identification of noncompliance. If noncompliance is systemic in nature, a systemic corrective action plan may be required.

(4) If the school district does not timely address compliance with corrective actions, the OSPI shall institute procedures to ensure compliance with applicable state and federal rules and priorities and targets from the state performance plan. Such procedures may include one or more of the following:

(a) Verification visits by the OSPI staff, or its designee, to:

(i) Determine whether the school district is taking the required corrective action(s); and/or

(ii) Provide any necessary technical assistance to the school district or other public agency in its efforts to comply.

(b) Withhold, in whole or part, a specified amount of state and/or federal special education funds, to address noncompliance.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07010, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-07010, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-07010, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07010, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07012 Determinations.

(1) The OSPI annually reviews the data it obtains from school districts through monitoring, submission of other required data reports, required by the district, and other public information provided by the district. Based on the data and information provided, OSPI determines if the school district:

(a) Meets the requirements and purposes of Part B of the act;

(b) Needs assistance in implementing the requirements of Part B of the act;

(d) Needs substantial intervention in implementing the requirements of Part B of the act.

(2) If the OSPI determines, for two or more consecutive years, that a district needs assistance in implementing the OSPI's annual performance requirements, OSPI will advise the district of available sources of technical assistance that may help the district address the areas in which the district needs assistance, which may include assistance from the OSPI, office of special education programs, other offices of the United States Department of Education, other federal agencies, technical assistance providers approved by the Department of Education, and other federally or state funded nonprofit agencies, and require the district to work with appropriate entities. Such technical assistance may include:

(a) The provision of advice by experts to address the areas in which the district needs assistance, including explicit plans for addressing the areas of concern within a specified period of time;

(b) Assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research;

(c) Designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support; and

(d) Devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service districts, national centers of technical assistance, and private providers of scientifically based technical assistance.

(3) If the OSPI determines, for three or more consecutive years, that a district needs intervention in implementing the OSPI's annual performance requirements, OSPI may take actions described under subsection (2) of this section and will take one or more of the following actions:

(a) Require the district to prepare a corrective action plan or improvement plan if the OSPI determines that the district should be able to correct the problem within one year;

(b) Withhold, in whole or in part, any further payments to the district under Part B of the act;

(4) Notwithstanding subsection (2) or (3) of this section, at any time that the OSPI determines that a district needs substantial intervention in implementing the requirements of Part B of the act or that there is a substantial failure to comply with any condition of a school district's eligibility under Part B of the act, OSPI will withhold, in whole or in part, any further payments to the district under Part B of the act, in addition to any other actions taken under subsection (2) or (3) of this section.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07012, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-07012, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-07012, filed 10/1/09, effective 11/1/09.

Wash. Admin. Code § 392-172A-07015 Performance goals and indicators.

(1) The OSPI has established goals for the performance of students eligible for special education services that promote the purposes of the act, and are consistent, to the maximum extent appropriate, with the state's learning goals for all students under section 1111 (b)(2)(C) of the ESEA, 20 U.S.C. Sec. 6311. The performance goals are identified in the state's performance plan, which is based upon district data provided to the OSPI.

(2) In addition, the OSPI has established performance indicators that are used to assess the state's and school districts' progress toward achieving those goals that at a minimum address the performance of eligible students on assessments, dropout rates, transition, and graduation rates.

(3) The state reports annually to the United States Department of Education and to the public through its annual performance report on the progress of the state, and of students eligible for special education services in the state, toward meeting the goals established under subsection (1) of this section.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07015, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-07015, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07015, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07020 State performance plans and data collection.

(1) The OSPI has established and provided to the United States Department of Education a performance plan that evaluates the state's efforts to implement the requirements and purposes of Part B of the act, and describes how the state will improve such implementation. The plan is reviewed annually and rewritten every six years or other timeline established by the United States Department of Education.

(2)(a) As part of the state performance plan, the OSPI has established measurable and rigorous targets for indicators established by the department of education under the priority areas of general supervision including child find, effective monitoring, use of resolution meetings, mediation, and a system of transition services.

(b) The OSPI must collect valid and reliable information from districts, monitoring, and state data, as needed to report annually to the United States Department of Education on these indicators.

(c) Data collected on specific indicators through state monitoring or sampling are collected on those indicators for each school district at least once during the six year period of the state performance plan or other timeline established by the United States Department of Education.

(3) Nothing in Part B of the act shall be construed to authorize the development of a statewide or nationwide database of personally identifiable information on individuals involved in studies or other collections of data under Part B of the act.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07020, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07025 State use of targets and reporting.

(1) The OSPI uses the targets established in the state's performance plan and the priority areas to analyze the performance of each school district.

(2)(a) The OSPI reports annually to the public on the performance of each school district on the indicators in the state's performance plan; and makes the state's performance plan available through public means, including posting on the website of the OSPI, distribution to the media, and distribution through public agencies, subject to subsection (4) of this section.

(b) If the OSPI collects performance data through monitoring or sampling, the OSPI includes the most recently available performance data on each school district and the date the data were obtained.

(3) The OSPI must report annually to the United States Department of Education on the performance of the state under its performance plan.

(4) The OSPI does not report any information to the public or to the department of education on performance that would result in the disclosure of personally identifiable information about individual students, or where the available data are insufficient to yield statistically reliable information.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07025, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07025, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07030 State enforcement.

If the OSPI determines that a school district is not meeting the requirements of Part B of the act, including the targets in the state's performance plan, OSPI must prohibit the school district from reducing the school district's maintenance of effort under WAC 392-172A-06015 for any fiscal year, in addition to any other authority it has to monitor and enforce the requirements of Part B of the act.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07030, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07035 Child count.

The OSPI reports to the Secretary of the United States Department of Education annually as required by the office of special education programs the number of students aged three through twenty-one residing in the state who are receiving special education and related services. This report is based on the school districts' annual federal count of eligible students provided to OSPI on a date selected by OSPI between October 1st and December 1st of each year.

(1) Information required in the report includes:

(a) The number of students receiving special education and related services;

(b) The number of students aged three through five receiving special education and related services in an early childhood setting within each disability category;

(c) The number of students aged five (and are also in kindergarten) through twenty-one within each disability category; and

(d) The number of students aged three through twenty-one for each year of age (three, four, five, etc.).

(2) For the purpose of this part, a student's age is the student's actual age on the date of the child count.

(3) A student may not be reported under more than one disability category.

(4) If a student eligible for special education services has more than one disability, the student is reported as follows:

(a) A student with deafblindness and not reported as having a developmental delay must be reported under the category " deafblindness."

(b) A student who has more than one disability (other than deafblindness or developmental delay) must be reported under the category "multiple disabilities."

(5) School districts must provide OSPI a certification signed by an authorized official of the district, stating that the information provided by the district is an accurate and unduplicated count of students receiving special education and related services on the dates in question.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07035, filed 9/14/21, effective 10/15/21
WSR 17-23-054, § 392-172A-07035, filed 11/9/17, effective 12/10/17. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-07035, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07035, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07040 Significant disproportionality.

(1) The state collects and examines data annually from school districts to determine if significant disproportionality based on race or ethnicity is occurring in the state with respect to:

(a) The identification of children as students eligible for special education services;

(b) The identification of students with a particular disability;

(d) The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

(2) In the case of a determination of significant disproportionality with respect to the identification of students eligible for special education services including those with a particular disability, the placement in particular educational settings of these students, or discipline, the OSPI shall:

(a) Require the school district to review and, if appropriate, revise the policies, procedures, and practices used in the identification, placement, or discipline of students receiving special education services to ensure that the policies, procedures, and practices comply with the requirements of the act;

(b) Require the school district to publicly report on any changes made to its policies, practices, and procedures described under (a) of this subsection; and

(c) Require any school district identified under this section to reserve the maximum amount of fifteen percent of its federal funds under WAC 392-172A-06085 to provide comprehensive coordinated early intervening services (CCEIS) to serve students in the school district, particularly, but not exclusively, students in those groups that were significantly over identified.

(3) Each school district that implements CCEIS under this section must annually report to the OSPI on:

(a) The number of students served under this section who received CCEIS; and

(b) The number of students served under this section who received CCEIS and later received special education and related services within the following two-year period.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07040, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 09-20-053, § 392-172A-07040, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07040, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07045 Suspension and expulsion rates for students eligible for special education services.

(1) School districts shall report to the state all incidents of disciplinary removals of students eligible for special education services and nondisabled students. The state shall examine this data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring:

(a) Among school districts or other public agencies; or

(b) Between nondisabled students and students eligible for special education services within school districts or other public agencies.

(2) If discrepancies are occurring, the state shall review and if appropriate, require revisions in state, school district or other public agency policies, procedures, and practices to ensure compliance with the act.

(3) Policies, procedures, and practices to be reviewed and, if appropriate, revised, include:

(a) The development and implementation of individualized education programs;

(b) The use of positive behavioral interventions and supports; and

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07045, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07045, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07050 State use of funds.

The OSPI reserves funds for state-level activities, including state administration and other state-level activities, in accordance with the provisions of 34 C.F.R. Sec. 300.704. OSPI makes distributions of unreserved or unused grant funds, that it receives pursuant to section 611 of the act, to eligible school districts and charter schools through subgrants in accordance with the provisions of 34 C.F.R. Sec. 300.705.

History

Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-07050, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07050, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07055 State safety net fund for high need students.

(1) The state has established a special education safety net fund for students eligible for special education services. The rules for applying for reimbursement for the fund are contained in WAC 392-140-600 through 392-140-685 or as may be amended.

(2) Part B funding is available through the safety net fund to reimburse costs associated with the provision of services identified in an IEP consistent with federal and state procedural requirements and WAC 392-140-609 for applicants with eligible high need students whose cost is at least three times the average per pupil expenditure; and whose placement is consistent with least restrictive environment provisions and other applicable rules regarding placement, including placement in nonpublic agencies.

(3) Disbursements provided under subsection (2) of this section must not be used to pay costs that otherwise would be reimbursed as medical assistance for a student eligible for special education services under the state medicaid program under Title XIX of the Social Security Act.

(4) The costs associated with educating a high need student eligible for special education services, in subsections (2) and (3) of this section, are only those costs associated with providing direct special education and related services to the student that are identified in that student's IEP, including the cost of room and board for a residential placement determined necessary, consistent to implement a student's IEP.

(5) The disbursements to an applicant must not be used to support legal fees, court costs, or other costs associated with a cause of action brought on behalf of a student to ensure FAPE for such student.

(6) Federal funds reserved for the safety net fund from the appropriation for any fiscal year, but not expended to eligible applicants for safety net funding must be allocated to school districts in the same manner as other funds from the appropriation for that fiscal year are allocated to school districts during their final year of availability.

(7) The funds in the high cost fund remain under the control of the state until disbursed to a school district to support a specific child who qualifies under this section and the state regulations for safety net funding described in subsection (1) of this section.

(8) Nothing in this section:

(a) Limits or conditions the right of a student eligible for special education services who is assisted under Part B of the act to receive a FAPE in the least restrictive environment; or

(b) Authorizes the state or a school district to establish a limit on what may be spent on the education of a student eligible for special education services.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07055, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-07055, filed 9/24/13, effective 10/25/13
WSR 09-20-053, § 392-172A-07055, filed 10/1/09, effective 11/1/09. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07055, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07057 Records related to grant funds.

(1) The superintendent of public instruction and districts shall keep records that show:

(a) The amount of funds under the grant;

(b) How the funds were used;

(d) The share of that cost provided from other sources; and

(e) Other records to facilitate an effective audit.

(2) Records shall be maintained to show program compliance, including records related to the location, evaluation, and placement of students eligible for special education services and the development and implementation of individualized education programs. Program and fiscal information records shall be available to authorized representatives of the OSPI for the purpose of compliance monitoring.

(3) Records shall be retained for six years after completion of the activities for which grant funds were used.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07057, filed 9/14/21, effective 10/15/21.

Wash. Admin. Code § 392-172A-07060 State special education advisory council.

(1) The state special education advisory council (SEAC) is established in order to help facilitate the provision of special education and related services to meet the unique needs of students receiving special education services.

(2)(a) The membership of the council is appointed by the superintendent of the office of public instruction and shall include at least one representative of each of the following groups or entities:

(i) Parents of children, aged birth to twenty-six, with disabilities;

(ii) Individuals with disabilities;

(iii) Teachers;

(iv) Institutions of higher education that prepare special education and related services personnel;

(v) State and local district officials who carry out activities under subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act;

(vi) Local administrators of special education programs;

(vii) State agencies involved in the financing or delivery of related services to students eligible for special education services;

(viii) Representatives of private schools and public charter schools;

(ix) Not less than one vocational, community, or business organization concerned with the provision of transition services to students eligible for special education services;

(x) A state child welfare agency employee responsible for services to children in foster care;

(xi) State juvenile and adult corrections agencies;

(xii) Other individuals or groups as may hereafter be designated and approved by the superintendent of public instruction.

(b) A majority of the members of the council shall be individuals with disabilities or parents of students eligible for special education services who are not also employed by a school district, educational service district, or the office of the superintendent of public instruction.

(3) The council's purposes are to:

(a) Advise the superintendent of public instruction and make recommendations on all matters related to special education and specifically advise the superintendent of unmet needs within the state in the education of students eligible for special education services;

(b) Comment publicly on any rules or regulations proposed by the state regarding the education of students eligible for special education services;

(c) Advise the state in developing evaluations and reporting such information as may assist the state in its data requirements under section 618 of the act;

(d) Advise the state in developing corrective action plans to address findings identified in federal monitoring reports under Part B of the Individuals with Disabilities Education Act; and

(e) Advise the state in developing and implementing policies relating to the coordination of services for students eligible for special education services.

(f) Review state due process findings and decisions.

(g) In the event that the state submits a waiver under 34 C.F.R. Sec. 300.164 regarding state-level nonsupplanting, the OSPI must consult with the SEAC prior to the submission.

(4) The council shall follow the procedures in this subsection.

(a) The council shall meet as often as necessary to conduct its business.

(b) By July 1st of each year, the council shall submit an annual report of council activities and suggestions to the superintendent of public instruction. This report must be made available to the public in a manner consistent with other public reporting requirements of this chapter.

(c) Official minutes will be kept on all council meetings and shall be made available to the public on request to the OSPI.

History

Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-07060, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-07060, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07060, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 392-172A-07070 Public participation.

The state provides opportunities for public hearings, including adequate notice of the hearings and opportunity for written and oral comment prior to the adoption of any policies and procedures needed to comply with Part B of the act, or the submission of a state plan.

History

Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-07070, filed 6/29/07, effective 7/30/07.

Chapter 392-182 Student—Health records.

Wash. Admin. Code § 392-182-005 Authority.

The authority for this chapter is RCW 28A.210.150 which requires the superintendent of public instruction to "provide procedures for schools to quickly verify the immunization of records of students transferring from one school to another before the immunization records are received."

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-182-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.31.117. WSR 86-15-050 (Order 86-8), § 392-182-005, filed 7/18/86. Statutory Authority: 1985 c 50 § 5. WSR 85-21-077 (Order 85-10), § 392-182-005, filed 10/21/85.

Wash. Admin. Code § 392-182-010 Purpose.

The purpose of this chapter is to implement RCW 28A.210.150 and provide for quick verification of immunization records of students transferring from one school to another before the immunization records are received.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-182-010, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.31.117. WSR 86-15-050 (Order 86-8), § 392-182-010, filed 7/18/86. Statutory Authority: 1985 c 50 § 5. WSR 85-21-077 (Order 85-10), § 392-182-010, filed 10/21/85.

Wash. Admin. Code § 392-182-015 Supplement to chapter 180-38 WAC.

This chapter is intended to supplement rules of the state board of education in chapter 180-38 WAC. Definitions within chapter 180-38 WAC are incorporated herein by reference.

History

Statutory Authority: 1985 c 50 § 5. WSR 85-21-077 (Order 85-10), § 392-182-015, filed 10/21/85.

Wash. Admin. Code § 392-182-020 Quick verification of immunization records.

In the event the records of a student transferring from one school to another have not been received before or on the student's first day of attendance at the new school, the chief administrator or administrator's designee of the new school shall attempt to verify the immunization status of the student prior to excluding such student pursuant to the provision of chapter 180-38 WAC. Such verification of full immunization, commencement of a schedule of immunization, or a statement of exemption may rely upon telephonic or electronic communication with the chief administrator or other appropriate official at the previous school that indicates which of the specifically required vaccines the student has received and the month and year in which they were administered.

History

Statutory Authority: RCW 28A.210.150. WSR 98-04-025 (Order 98-01), § 392-182-020, filed 1/28/98, effective 2/28/98. Statutory Authority: 1985 c 50 § 5. WSR 85-21-077 (Order 85-10), § 392-182-020, filed 10/21/85.

Chapter 392-183A Loss of eligibility—Student athletic participation.

Wash. Admin. Code § 392-183A-005 Authority.

The authority for this chapter is RCW 69.41.340 which authorizes the superintendent of public instruction, in consultation with the Washington Interscholastic Activity Association to adopt rules and regulations regarding loss of eligibility to participate in school-sponsored athletic events for any student athlete found to have violated chapter 69.41 RCW, Legend drugs—Prescription drugs.

History

Statutory Authority: RCW 69.41.340. WSR 90-09-039 (Order 90-05), § 392-183A-005, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-183A-010 Purpose.

The purpose of this chapter is to set forth policies and procedures to implement due process procedures and discipline relating to violations of chapter 69.41 RCW.

History

Statutory Authority: RCW 69.41.340. WSR 90-09-039 (Order 90-05), § 392-183A-010, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-183A-015 Grounds for ineligibility.

Any student found by the school district to have violated chapter 69.41 RCW by virtue of a criminal conviction or otherwise insofar as it prohibits the possession, use or sale of legend drugs, including anabolic steroids, will be disqualified from participation in WIAA sponsored school sports programs.

History

Statutory Authority: RCW 69.41.340. WSR 90-09-039 (Order 90-05), § 392-183A-015, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-183A-020 Due process.

The Washington Interscholastic Activity Association shall adopt, publish, and make available to all students and parents, written rules which state with reasonable clarity the types of misconduct for which loss of eligibility may occur under the provisions of this chapter. In addition, written procedures for imposing loss of eligibility and a method of appeal to assert innocence or present mitigating circumstances shall be developed. Such procedures shall be consistent with rules developed by the WIAA to govern all student eligibility appeals. Such rules shall:

(1) Specify the reason(s) for their alleged ineligibility, the rule being violated, and provide written notice of applicable procedures and timelines.

(2) Specify that the student may represent himself/herself or be represented by a person of choice. The student shall also have the opportunity to testify, present, and cross-examine witnesses and introduce relevant evidence.

(3) Specify that any decision shall be rendered within five calendar days following the date of the hearing.

(4) Specify that the student is entitled to an appeal and set forth guidelines for a proposed resolution.

History

Statutory Authority: RCW 69.41.340. WSR 90-09-039 (Order 90-05), § 392-183A-020, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-183A-025 Discipline.

The Washington Interscholastic Authority Association shall adopt, publish, and make available to all students and parents, written rules which state with reasonable clarity the form of discipline imposed for violation of this chapter. Such rules shall include the following:

(1) The penalty for a first violation of this chapter shall be immediate ineligibility for interscholastic competition in the current interscholastic sports program for the remainder of the season.

(2) The penalty for a second violation of this chapter shall be ineligibility and prohibition from participating in any WIAA member school sports program for a period of one calendar year from the date of the second violation.

(3) The penalty for a third violation of this chapter shall be permanent prohibition from participating in any WIAA member school athletic program.

History

Statutory Authority: RCW 69.41.340. WSR 90-09-039 (Order 90-05), § 392-183A-025, filed 4/12/90, effective 5/13/90.

Wash. Admin. Code § 392-183A-030 State board of education approval.

The WIAA shall present any policies or procedures developed as a result of this chapter for the approval of the state board of education prior to their adoption and implementation by the WIAA.

History

Statutory Authority: RCW 69.41.340. WSR 90-09-039 (Order 90-05), § 392-183A-030, filed 4/12/90, effective 5/13/90.

Chapter 392-184 Reentry to common schools—Educational clinic and other students.

Wash. Admin. Code § 392-184-003 Authority.

The authority for this chapter is RCW 28A.205.030 which authorizes the superintendent of public instruction to adopt rules relating to the grade level standing of a prior common school dropout who reenters the common school system.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-184-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.97.030. WSR 84-05-026 (Order 84-5), § 392-184-003, filed 2/14/84.

Wash. Admin. Code § 392-184-005 Purpose.

The purpose of this chapter is to establish policies and procedures governing the reentry to the common school system of a prior common school dropout.

History

Statutory Authority: RCW 28A.97.030. WSR 84-05-026 (Order 84-5), § 392-184-005, filed 2/14/84.

Wash. Admin. Code § 392-184-010 Definition—Common school dropout.

As used in this chapter, the term common school dropout includes all students who leave school for reasons other than a lawfully imposed expulsion, including the period of time a student is subject to a lawfully imposed suspension.

History

Statutory Authority: RCW 28A.97.030. WSR 84-05-026 (Order 84-5), § 392-184-010, filed 2/14/84.

Wash. Admin. Code § 392-184-015 Reentry to common schools—General provision—Grade level.

A common school dropout of common school age shall be entitled to reenter the common school system at the grade level appropriate to such individual's ability and, in the case of a high school student, with the credits previously earned toward graduation.

History

Statutory Authority: RCW 28A.97.030. WSR 84-05-026 (Order 84-5), § 392-184-015, filed 2/14/84.

Wash. Admin. Code § 392-184-020 Reentry to common schools—Education center student.

A common school dropout of common school age who has attended a certified education center shall be entitled to reenroll in the common school system. In addition, any such student shall be entitled to be placed at the class level in which he or she would have been but for having dropped out and to graduate with the class, notwithstanding any loss of credits prior to reentry, if each of the following conditions is met:

(1) The student has attended a certificated education center for no less than ninety, sixty minute instructional hours;

(2) The student has reenrolled in the common school system no later than the commencement of the next regular school year semester or trimester, as the case may be, following his or her last day of attendance at a certified education center;

(3) The student possesses the ability to perform academically at a passing level at the grade level of placement as determined pursuant to WAC 392-184-025;

(4) The student has earned credits following his or her reentry at the normal rate;

(5) The student has been enrolled at least two of the three grades nine through eleven at a common school or approved private school, or a combination of both; and

(6) The student has commenced and satisfactorily completed his or her last full school year immediately preceding high school graduation at a public high school, or a combination of public high schools.

History

Statutory Authority: RCW 28A.205.101 - [28A.205.]090. WSR 93-23-037 (Order 93-23), § 392-184-020, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.030. WSR 84-05-026 (Order 84-5), § 392-184-020, filed 2/14/84.

Wash. Admin. Code § 392-184-025 Determination of grade level upon reentry—Education center student.

The determination pursuant to WAC 392-184-020 of a student's level of academic ability and grade level of placement at the time of a former education center student's reentry shall be made by the principal of the common school of enrollment or such other school district authority as may be designated pursuant to school district policy. Such determination shall be made by the principal or other designated official only after consultation with one or more representatives of the education center which the student last attended and shall be based exclusively upon the principal's or other designated official's professional judgment of the following:

(1) The recommendations of the clinic representative(s);

(2) The student's performance while enrolled in the center; and

(3) The student's academic ability as documented by the results of standardized tests recently administered by the center or school district, or both.

History

Statutory Authority: RCW 28A.205.101 - [28A.205.]090. WSR 93-23-037 (Order 93-23), § 392-184-025, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.030. WSR 84-05-026 (Order 84-5), § 392-184-025, filed 2/14/84.

Chapter 392-185 Certified educational clinics—Distribution of state funds.

Wash. Admin. Code § 392-185-003 Authority.

The authority for this chapter is RCW 28A.205.050 which authorizes the superintendent of public instruction to adopt rules and regulations to carry out the purpose of chapter 28A.205 RCW, the operation and funding of education centers. (The certification or approval of education centers is the responsibility of the state board of education. See chapter 180-95 WAC.)

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-003, filed 11/10/93, effective 12/11/93. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-185-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.97.050. WSR 84-05-016 (Order 84-3), § 392-185-003, filed 2/9/84.

Wash. Admin. Code § 392-185-005 Purpose.

The purpose of this chapter is to establish the policies and procedures necessary to distribute funds to certified education centers as provided in chapter 28A.205 RCW.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-005, filed 11/10/93, effective 12/11/93. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-185-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.97.050. WSR 84-05-016 (Order 84-3), § 392-185-005, filed 2/9/84. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-005, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-010 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) The terms, "education center," "basic academic skills," "a clinical-client centered basis," "individual diagnostic procedures," "general educational development tests," "educational gains," and "employment orientation," as defined in WAC 180-95-010 as adopted or hereafter amended shall apply to the provisions of this chapter.

(2) An "eligible common school dropout" shall mean a person who (a) has not completed high school; (b) has reached his or her thirteenth birthday and not attained his or her twentieth birthday; (c) does not show proficiency beyond the high school level in a test approved by the superintendent of public instruction which has been given as a part of the initial diagnostic procedure; and (d) has dropped out of a common school for at least one month and written verification is received from a school official of the common school last attended stating that such person is no longer in attendance at such school unless (i) the board of directors or its designee submits a written request that such person be admitted, or (ii) the person has been expelled or suspended pursuant to chapter 180-40 WAC. The fact that any person may be subject to the compulsory attendance law, chapter 28A.225 RCW, shall not affect his or her qualifications as an eligible common school dropout under this chapter.

In addition, to qualify as an "eligible common school dropout" a child must have on file with the appropriate certified education center a written waiver allowing the superintendent of public instruction to examine his or her records at the certified educational clinic at any time and for purposes consistent with the intent of this chapter and chapter 180-95 WAC.

(3) "Class size" is defined to be that number of students assigned to a single certificated teacher during the period of time for which reimbursement is requested regardless of whether or not the students are working on similar courses, subjects, or activities.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-010, filed 11/10/93, effective 12/11/93. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-185-010, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.97.050. WSR 79-12-004 (Order 8-79), § 392-185-010, filed 11/9/79. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-010, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-020 Application for funding.

Any certified education center shall be eligible to apply for state reimbursement for costs pursuant to WAC 392-185-040 and 392-185-050 incurred in diagnostic screening of and/or instructional activities provided to eligible common school dropouts. Such applications shall be prepared in accordance with guidelines provided by the superintendent of public instruction. Neither certification of an education center nor completion of required application materials shall guarantee receipt of funds.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-020, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-020, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-030 Reimbursement eligibility—Contracts.

The superintendent of public instruction shall provide reimbursement pursuant to contractual agreements with certified centers. Contracts may be awarded by the superintendent of public instruction to private educational institutions which (1) are certified as education centers by the state board of education pursuant to chapter 180-95 WAC, (2) are nonsectarian, (3) are financially sound pursuant to WAC 180-95-020(8), (4) are capable of fulfilling their educational commitment and (5) demonstrate past superior performance. Superior performance shall be based upon consideration of individual educational gains achieved by students, the backgrounds of those students, and the cost effectiveness of the center's program, as follows:

(a) Educational gains shall be evaluated by considering:

(1) Measured increases in academic achievement as determined by instruments approved by the superintendent of public instruction, and

(2) The student's subsequent participation in constructive activities, such as enrollment in a common or private school, employment, attendance at an institution of higher or vocational education, or military service.

(b) In evaluating educational gains, consideration shall be given to those factors in each student's background which might tend to reduce the cost effectiveness of those educational gains.

(c) In determining cost effectiveness of any education center, the cost of services provided to students shall be computed by taking into consideration the reasonable value of all sources of support which are used in whole or in part, directly or indirectly, to provide services to students, including payments made under this chapter, and for nonprofit centers, tax exemptions and any other costs to taxpayers at any level of government which result from such nonprofit status.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-030, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-030, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-040 Initial diagnostic procedure—Fees and records.

(1) For each initial diagnosis completed for an eligible student applicant, a certified education center, consistent with the terms of its contract with the superintendent of public instruction, shall be entitled to a fee of not more than fifty dollars per eligible student: Provided, That the administration of any general education development test shall not be a part of such initial diagnostic procedures.

(2) A written record of the initial diagnostic process for each student served shall be available. This record shall include, but not be limited to: (a) A transcript of the student's previous academic history when available; (b) a description of the assessment processes used to determine ability, achievement, interest and aptitudes; (c) a summary of all diagnostic findings; and (d) a listing of the specific instructional objectives and program placement recommendations.

(3) The records of each student shall be signed and dated by the qualified person(s) conducting the diagnosis and making program recommendations.

(4) The records shall be completed prior to student admission to education center classes for which state reimbursement for costs is sought under this chapter.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-040, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.050. WSR 79-12-004 (Order 8-79), § 392-185-040, filed 11/9/79. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-040, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-050 Instruction—Fees.

The fees paid for each 60 minute hour of instruction shall be as follows:

(1) Sixteen dollars per hour per enrollee if the class size is no greater than one; or

(2) Ten dollars per hour per enrollee if the class size is at least two and no greater than five; or

(3) Five dollars per hour per enrollee if the class size is at least six. Revisions in such fees proposed by an education center shall be allowed pursuant to WAC 392-185-070.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-050, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-050, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-060 Fees—Payment and procedures.

Consistent with the provisions of chapter 28A.205 RCW as enacted or hereafter amended, fee reimbursements made to certified education centers shall be made in accordance with the following:

(1) There shall be no reimbursement prior to the actual delivery of services.

(2) Payments related to diagnostic procedures and course activities shall be made from available funds first to those clinics which demonstrate superior performance in the judgment of the superintendent of public instruction in accordance with WAC 392-185-030.

(3) No certified education center shall be entitled to receive payment for any student's course work undertaken prior to the completion of the initial diagnostic procedure.

(4) Upon submission of vouchers, the superintendent of public instruction shall reimburse certified education centers under contract for services provided to identified, eligible common school dropouts on the basis of records of diagnostic and instructional services rendered.

(5) Vouchers shall include the following:

(a) A roster of names of students;

(b) Diagnostic fees; and

(c) Fees for instruction based upon class sizes, subject areas and other pertinent data to allow for computation of reimbursement: Provided, That in the event of changes in class size, vouchers shall reflect appropriate changes and documentation shall appear in the records of the education center: Provided further, That this information is submitted on voucher claim forms as provided by the superintendent of public instruction in accordance with written instructions.

(6) After a student has attended an education center, for all or a portion of one hundred thirty-five instructional days, no further reimbursement fees shall be paid by the superintendent of public instruction for that student.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-060, filed 11/10/93, effective 12/11/93. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-185-060, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.97.050. WSR 87-16-034 (Order 87-8), § 392-185-060, filed 7/27/87. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-060, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-070 Fee revisions.

A certified education center may submit a written request for fee revision to the superintendent of public instruction. A proposed fee revision must be accompanied by documentation supporting the need for the fee revision, including documentation of increased employee costs, increased nonemployee related costs, and must include or be supplemented by such other information as the superintendent of public instruction may request.

The superintendent of public instruction may allow fee revisions if he or she finds that the proposed fee revision is reasonable. The superintendent of public instruction shall notify the center of approval or disapproval of such request within 30 days of receipt of the request: Provided, That no revision of fees shall be allowed during a contract period which shall not exceed one year from date of execution.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-070, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-070, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-080 Fee revision—Appeal procedure.

A decision of the superintendent of public instruction to deny a request for fee revision may be appealed by a certified education center to the state board of education. The notification of appeal must be filed with the secretary of the state board of education within 15 days following the date of the superintendent's decision. The appeal will be conducted pursuant to WAC 180-95-060.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-080, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-080, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-090 Enrollment and absences.

Student records shall include entry and withdrawal dates. No reimbursement shall be made for students who are absent: Provided, That students may be reenrolled at any time.

History

Statutory Authority: RCW 28A.97.050. WSR 79-12-004 (Order 8-79), § 392-185-090, filed 11/9/79. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-090, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-100 Tuition—Limitations.

No certified education center shall make any charge to any student or his or her parent, guardian, or custodian for whom a fee is being received under the provisions of chapter 28A.205 RCW and this chapter.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-100, filed 11/10/93, effective 12/11/93. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-185-100, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-100, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-110 On-site monitoring.

The instructional program activities and procedures and records of students for whom fees are paid shall be monitored on-site on a schedule established by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-110, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-120 State audit review.

Any certified education center under contract with the superintendent of public instruction pursuant to chapter 28A.205 RCW and this chapter shall permit, without prior notice, a review of its records by the state auditor and/or the superintendent of public instruction during normal business hours.

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-120, filed 11/10/93, effective 12/11/93. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-185-120, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-120, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-130 Fund reallocation.

Any fund balances remaining in a contract which is not fully performed shall revert to the original fund for reallocation by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-130, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-150 Eligibility to take the general educational development (GED) tests.

Any student of a certified education center, upon completion of an individual student program, shall be eligible to take the general educational development (GED) tests at an authorized testing center as defined in WAC 180-95-010(5).

History

Statutory Authority: RCW 28A.205.010 - [28A.205.]090. WSR 93-23-036 (Order 93-22), § 392-185-150, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 28A.97.050 and 1977 ex.s. c 339 § 95 (uncodified). WSR 78-03-008 (Order 1-78), § 392-185-150, filed 2/6/78, effective 3/9/78.

Wash. Admin. Code § 392-185-305 Purpose.

The purpose of this chapter is to implement RCW 28A.205.010, 28A.205.020, 28A.205.030, 28A.205.040, 28A.205.050 and to establish the criteria and procedures to be used in certification of an education center.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-185-305, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.205.050 and 1993 c 211. WSR 95-08-029, § 180-95-005, filed 3/29/95, effective 4/29/95. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-95-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120. WSR 78-03-014 (Order 2-78), § 180-95-005, filed 2/8/78.

Wash. Admin. Code § 392-185-310 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) "Education center" shall mean a private educational institution certified by the superintendent of public instruction which employs a clinical, client-centered approach and is devoted to (a) teaching the basic academic skills including specific attention to improvement of student motivation for achieving and (b) employment orientation: Provided, That no education center certified by the superintendent of public instruction pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.

(2) "Basic academic skills" shall mean the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and courses deemed nonessential to the accrediting or the approval of private schools under RCW 28A.305.130.

(3) "A clinical, client-centered basis" shall mean an approach to education which includes the individual diagnosis of the person's educational abilities, determining and setting of individual goals, prescribing and providing individual programs of instruction, and evaluating the individual student's progress in his or her educational program.

(4) "Individual diagnostic procedure" shall mean the individual assessment by a certified teacher, or when deemed necessary, by a psychometrist, psychologist, and/or another professional who is appropriately certificated or licensed to conduct specific diagnostic evaluations and to prescribe an individual educational and instructional program in conjunction with the teacher, student, parents, and others as necessary.

(5) "General educational development (GED) tests" shall mean that battery of tests designed and published by the GED testing service of the American council on education to measure the major outcomes and concepts generally associated with four years of high school education. Each GED testing center must have a current contract with the American council on education and be authorized by the state board for community and technical colleges.

(6) "Educational gain" shall mean (a) measurable increases in the student's achievement, (b) increased motivation for achieving, and/or (c) increased knowledge and skills relevant to employment orientation as defined in (8) below: Provided, That consideration is given to the student's background in determining the extent of such gain.

(7) "Eligible common school dropout" shall be defined as set forth in WAC 392-185-010(2).

(8) "Employment orientation" shall normally include, but not be restricted to instruction and practical experience in the following areas: Job applications, interview techniques, expectations for attendance and production, learning to translate skills and abilities in terms of job needs, examination by the student of job descriptions and exploration of the student's ability to fulfill the job needs.

History

Statutory Authority: Chapter 28A.205 RCW. WSR 07-06-064, § 392-185-310, filed 3/5/07, effective 4/5/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-185-310, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.410.010. WSR 94-03-103 (Order 4-94), § 180-95-010, filed 1/19/94, effective 2/19/94. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-95-010, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120. WSR 78-03-014 (Order 2-78), § 180-95-010, filed 2/8/78.

Wash. Admin. Code § 392-185-320 Criteria for certification of education centers.

To be certified as an education center, a private educational institution must apply to the superintendent of public instruction and provide evidence that it:

(1) Qualifies under the definition set forth in WAC 180-95-010(1).

(2) Offers instruction in the basic academic skills as defined in WAC 180-95-010(2) and employment orientation as defined in WAC 180-95-010(8).

(3) Employs, for purposes of diagnosing and instructing students, professionally trained personnel who meet requirements for certification set forth in chapters 180-80 and/or 180-84 WAC: Provided, That for specific diagnostic evaluations, a professional who is otherwise appropriately licensed does not have to meet certification requirements.

(4) Operates on a clinical, client-centered basis as defined in WAC 180-95-010(3).

(5) Conducts individualized diagnosis and instruction which includes as a minimum:

(a) Consideration by qualified personnel of the student's achievement, abilities, interests, and aptitudes;

(b) Delineation of individual learning objectives and education and/or employment goals;

(c) Development and implementation of curriculum and instruction appropriate to diagnosed needs and specified objectives and goals;

(d) Provision for evaluation of the student's progress toward and attainment of learning objectives and education and/or employment goals.

(6) Produces educational gains in students which relate directly to the individual learning objectives and educational and/or employment goals established for the student.

(7) Maintains accurate and complete financial and personnel records.

(8) Is financially sound and capable of fulfilling its educational commitment, i.e., that it has definite and certain resources to meet its current obligations.

History

Statutory Authority: Chapter 28A.205 RCW. WSR 07-06-064, § 392-185-320, filed 3/5/07, effective 4/5/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-185-320, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.410.010. WSR 94-03-103 (Order 4-94), § 180-95-020, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.120. WSR 78-03-014 (Order 2-78), § 180-95-020, filed 2/8/78.

Wash. Admin. Code § 392-185-330 Application procedures for certification as an education center.

A private educational institution shall apply for certification to the superintendent of public instruction on a form provided by the superintendent of public instruction. The superintendent of public instruction or its designee(s) shall determine by documentary evidence submitted by the applicant whether all criteria set forth in WAC 180-95-020 are satisfied. The superintendent of public instruction shall notify the applicant institution of its certification status within ten weeks after the date the superintendent of public instruction receives a completed application.

History

Statutory Authority: Chapter 28A.205 RCW. WSR 07-06-064, § 392-185-330, filed 3/5/07, effective 4/5/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-185-330, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.410.010. WSR 94-03-103 (Order 4-94), § 180-95-030, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.120. WSR 78-03-014 (Order 2-78), § 180-95-030, filed 2/8/78.

Wash. Admin. Code § 392-185-340 Length of certification.

A private educational institution shall be certified as an education center by the superintendent of public instruction for no more than three years and shall report annually any changes relevant to certification criteria set forth in WAC 180-95-020 to the superintendent of public instruction on a form provided by the superintendent of public instruction.

History

Statutory Authority: Chapter 28A.205 RCW. WSR 07-06-064, § 392-185-340, filed 3/5/07, effective 4/5/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-185-440, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.410.010. WSR 94-03-103 (Order 4-94), § 180-95-040, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.120. WSR 78-03-014 (Order 2-78), § 180-95-040, filed 2/8/78.

Wash. Admin. Code § 392-185-350 Withdrawal of certification as an education center.

The superintendent of public instruction may withdraw certification if the board finds that a center fails:

(1) To provide adequate instruction in basic academic skills which shall mean:

(a) The center does not offer or make provision for instruction in all the basic skills defined in WAC 180-95-010(2), or

(b) Evidence/data do not verify educational gains which relate directly to the individual learning objectives and the educational and/or employment goals established, or

(2) To meet any of the criteria for certification of education centers as established in WAC 180-95-020.

History

Statutory Authority: Chapter 28A.205 RCW. WSR 07-06-064, § 392-185-350, filed 3/5/07, effective 4/5/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-185-350, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.205.050 and 1993 c 211. WSR 95-08-029, § 180-95-050, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.410.010. WSR 94-03-103 (Order 4-94), § 180-95-050, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.120. WSR 78-03-014 (Order 2-78), § 180-95-050, filed 2/8/78.

Chapter 392-187 Complaint process for willful noncompliance.

Wash. Admin. Code § 392-187-005 Purpose.

WAC 392-187-005

The purpose of this chapter is to establish a complaint process for limited and broad complaints against a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors for willful noncompliance of enumerated state laws.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-005, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 392-187-010 Definitions.

WAC 392-187-010

(1) "Broad complaint" means a complaint that impacts an entire student body, an entire subgroup of students within a student body, an entire school, or an entire school district.

(2) "Limited complaint" means a complaint that impacts one or more individual students.

(3) "Negligent" means the failure to exercise ordinary care by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, and the actor knew or reasonably should have known that the failure to exercise ordinary care would result in noncompliance with state law as defined in this section.

(4) "Noncompliance with state law" means action or inaction by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, that results in noncompliance with the following state laws, which are intended to ensure academic rights and protections for students in the educational environment:

(a) State civil rights and nondiscrimination, including the nondiscrimination and sexual equality laws and model policy and procedure requirements related to protecting students' rights as established in chapters 28A.640 and 28A.642 RCW;

(b) Harassment, intimidation, or bullying requirements as established in RCW 28A.600.477;

(c) Curriculum requirements as described in RCW 28A.150.230, 28A.300.475, and 28A.320.170; the policies and procedures related to the selection or deletion of instructional materials required in RCW 28A.320.230; and the review and removal of supplemental instructional materials required in RCW 28A.320.235;

(d) The use of restraint or isolation on a student as described in RCW 28A.600.485; or

(e) Student discipline as described in chapter 28A.600 RCW.

(5) "Willful" means nonaccidental action or inaction by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, that the actor knew or reasonably should have known would result in noncompliance with state law.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-010, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 392-187-020 Complaint procedure—School district or public charter school.

WAC 392-187-020

(1) Scope of the complaint. Any student who is enrolled in the school district, or a parent or legal guardian who has a student enrolled in the school district, may file a limited or broad complaint with the office of superintendent of public instruction. A person residing within the boundaries of the school district may file a broad complaint with the office of superintendent of public instruction. A limited or a broad complaint may be filed against a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors. The complaint must allege willful noncompliance with one or more of the following state laws:

(b) Harassment, intimidation, or bullying requirements as established in RCW 28A.600.477;

(d) The use of restraint or isolation on a student as described in RCW 28A.600.485; or

(e) Student discipline as described in chapter 28A.600 RCW.

(2) Exhaustion requirements. Before any person may file a complaint under this chapter, the person must exhaust existing complaint procedures if such procedures exist. If no complaint procedures are available, the person who intends to file the complaint must provide notice of the complaint to the local school district superintendent at least 30 calendar days before filing the complaint with the office of superintendent of public instruction.

(3) Complaint process.

(a) Complaints may be submitted to the office of superintendent of public instruction by mail, electronic mail, or hand delivery within 30 calendar days of a final decision reached by the local school district or other complaint procedure if such procedures exist.

(b) A complaint must be in writing and include:

(i) A description of the specific acts, conditions, or circumstances alleged to violate the state laws enumerated in WAC 392-187-010(4) and the facts on which the complaint is based;

(ii) The name and contact information, including a mailing address, of the complainant;

(iii) The name and title of the local school district superintendent, local school district board of directors, or an individual member or members of a board of directors alleged to have engaged in willful noncompliance;

(iv) A copy of any complaints filed and responses received under complaint procedures utilized by the complainant to resolve the complaint prior to filing with the office of superintendent of public instruction or a copy of the notice of the complaint sent to the local school district superintendent prior to filing with the office of superintendent of public instruction.

(c) The office of superintendent of public instruction will make an initial determination as to whether the complaint reasonably contains enough facts to allege noncompliance with the state laws as defined in WAC 392-187-010(4) and whether other available complaint procedures have been exhausted. If the complaint contains sufficient facts to allege noncompliance with state laws and meets the procedural requirements of this section, the office of superintendent of public instruction will investigate the allegations in the complaint. The office of superintendent of public instruction will provide written notice of the allegations being investigated. If the requirements are not met, the office of superintendent of public instruction will dismiss the complaint and notify the complainant and the school district superintendent. If the complaint is dismissed, the office of superintendent of public instruction is not required to investigate further.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-020, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 392-187-030 Investigation by superintendent of public instruction.

WAC 392-187-030

(1) An investigation by the office of superintendent of public instruction under this chapter may include reviewing relevant information or conducting an independent on-site review. The office of superintendent of public instruction may, at its discretion, investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the school district or public charter school. The office of superintendent of public instruction will provide written notice of the issues being investigated.

(2) It is a defense to a finding of willful noncompliance with state law if the school district superintendent or chief administrator can show that they were actively attempting to bring the school district, charter school, or state-tribal education compact school into compliance with the applicable state law.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-030, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 392-187-035 Notice of noncompliance.

WAC 392-187-035

The office of superintendent of public instruction will issue its findings to the complainant and the school district.

(1) If, by a preponderance of evidence, the office of superintendent of public instruction finds noncompliance but determines the noncompliance is not willful, the office of superintendent of public instruction will provide the school district with a first notice stating its determination of noncompliance. The notice will identify corrective actions and a timeline for the district to come into compliance.

(2) Second notice of noncompliance. If the school district fails to comply with the corrective actions identified for noncompliance in the first notice within the prescribed timeline, the office of superintendent of public instruction will provide the school district a second notice.

(a) The second notice shall state that continued failure to comply with corrective actions may result in consequences as established in RCW 28A.300.714.

(b) Upon second notice of noncompliance, consistent with the procedures in (c) of this subsection, the school district superintendent and school district board of directors must adopt and submit a proposed compliance action plan to the office of superintendent of public instruction for approval. The compliance action plan must be submitted under the timeline required by the office of superintendent of public instruction in the second notice.

(c) Before submitting the compliance action plan to the office of superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified without their consent, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-035, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 392-187-040 Notice of willful noncompliance.

WAC 392-187-040

(1) If, by a preponderance of evidence, the office of superintendent of public instruction finds willful noncompliance, the office of superintendent of public instruction will provide the school district with a first notice stating its determination of willful noncompliance and identify corrective actions and a timeline for the school district to come into compliance. Upon receipt of the first notice of a finding of willful noncompliance, the school district board of directors shall hold a public meeting to present the finding of willful noncompliance with state law, the identified corrective actions and timeline for those actions, and take public comment on what additional actions the public thinks may be needed to come into compliance with the state law(s) identified in the investigation.

(2) Second notice of willful noncompliance.

(a) If the school district fails to comply with the corrective actions identified for willful noncompliance in the first notice within the prescribed timeline, the office of superintendent of public instruction shall provide the school district a second notice stating that continued failure to comply with corrective actions may result in consequences as established in RCW 28A.300.0714.

(b) Upon receipt of a second notice, the school district superintendent and school district board of directors must adopt and submit a compliance action plan to the office of superintendent of public instruction for approval. The compliance action plan must be submitted under a timeline as required by the office of superintendent of public instruction.

(c) After receiving a second notice of willful noncompliance, the school district must collaborate with the office of superintendent of public instruction to develop a compliance action plan. The school district must provide school district administrators, teachers, and other staff, parents of children attending a school within the school district, unions representing employees within the school district, students from the school district, and other impacted communities as appropriate with an opportunity to provide input on the development of the compliance action plan.

(d) Before submitting the compliance action plan to the office of superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified without their consent, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws.

(e) After submission and approval of the compliance action plan, the school district shall conduct additional public meetings with an opportunity for public comment at least once every six months to present school district progress on implementation of the compliance action plan until the superintendent of public instruction finds that the school district has come into compliance with state law.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-040, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 392-187-050 Compliance action plans.

WAC 392-187-050

A compliance action plan developed under this chapter must, at a minimum, include the following:

(1) A description of the changes in the school district's or school's existing policies, structures, agreements, processes, and practices needed to come into compliance with state law; and

(2) The timeline for coming into compliance with state law.

Compliance action plans must be developed in accordance with chapters 41.56 and 41.59 RCW where applicable.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-050, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 392-187-060 Consequences for noncompliance.

WAC 392-187-060

The office of superintendent of public instruction may issue a final decision imposing any of the following consequences on a school district if the district has been sent a second notice under RCW 28A.300.0713:

(1) Require the school district to adopt or readopt policies and procedures to come into compliance with state law;

(2) Find that a local school district superintendent committed an act of unprofessional conduct under RCW 28A.410.085 and may be held accountable for such conduct under rules established chapters 181-86 and 181-87 WAC; and

(3) As a last resort, withhold and redirect up to 20 percent of state funds allocated to the school district for basic education to support the compliance action plan until the office of superintendent of public instruction finds that the school district has come into compliance with state law.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-060, filed 6/12/26, effective 7/13/26.

Wash. Admin. Code § 392-187-070 Appeals.

WAC 392-187-070

Any party to a complaint may file a notice of appeal with the office of superintendent of public instruction within 30 calendar days after a final decision. Appeals may be submitted to the office of superintendent of public instruction by mail, electronic mail, or hand delivery.

(1) An administrative law judge of the office of administrative hearings will hear and determine the appeal by issuing a final order.

(2) A certificated local school district superintendent who is found to have committed an act of unprofessional conduct must appeal pursuant to the procedures in chapter 181-86 WAC.

(3) Appeal proceedings must be conducted pursuant to chapter 34.05 RCW.

(4) Discovery procedures for appeals to an administrative law judge are limited to those authorized by rules 26, 33, 34, 36, and 37 of the superior court civil rules, except that civil rule 26(a) does not apply to hearings under this chapter. The only methods of discovery authorized are those found in civil rules 33, 34, and 36.

(5) An appeal of the administrative law judge's determination or order shall be to the superior court. The superior court's decision is subject only to discretionary review under the rules of appellate procedure.

History

Statutory Authority: 2025 c 369 ss 303 (3)(a) and 306. WSR 26-13-060, s 392-187-070, filed 6/12/26, effective 7/13/26.

Chapter 392-190 Equal educational opportunity—Unlawful discrimination prohibited.

Wash. Admin. Code § 392-190-005 Purpose—Elimination of unlawful discrimination in public schools.

WAC 392-190-005

The purpose of this chapter is to establish rules to implement chapters 28A.640 and 28A.642 RCW. Chapters 28A.640 and 28A.642 RCW prohibit discrimination on the basis of sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental or physical disability, neurodivergence, or the use of a trained dog guide or service animal by a person with a disability in Washington public schools, including public charter schools. Broad federal regulations implementing Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and Titles VI and VII of the Civil Rights Act of 1964 similarly prohibit discrimination based on sex, race, creed, religion, color, national origin, and disability in federally assisted education programs or activities. As a result, several substantive areas have been similarly identified and addressed by both state and federal enactments.

In accordance with chapters 28A.640 and 28A.642 RCW and RCW 28A.710.040, it is unlawful for any public school district or public charter school to discriminate on the basis of sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental, or physical disability, neurodivergence, or the use of a trained dog guide or service animal with regard to any program or activity conducted by or on behalf of a school district or public charter school including, but not limited to, recreational and athletic activities, extracurricular activities, preschool, adult education, community education, and vocational-technical program activities.

In accordance with RCW 28A.640.020 and 28A.642.020, the office of the superintendent of public instruction (OSPI) will develop guidelines to supplement this chapter and to guide its interpretation and administrative enforcement of chapters 28A.640 and 28A.642 RCW under WAC 392-190-060 through 392-190-081. Under RCW 28A.640.050 and 28A.642.050, OSPI has the authority to enforce the guidelines and this chapter.

This chapter applies to public charter schools to the same extent as public school districts, collectively referred to as school districts.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-005, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-005, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-005, filed 4/13/11, effective 5/14/11. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-190-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-005, filed 11/2/89, effective 12/3/89
Order 6-76, § 392-190-005, filed 5/17/76.

Wash. Admin. Code § 392-190-007 Compliance with federal law.

WAC 392-190-007

For purposes of administrative enforcement of this chapter under WAC 392-190-060 through 392-190-081, and unless otherwise provided in chapters 28A.640 and 28A.642 RCW, this chapter, or as interpreted in the guidelines adopted under WAC 392-190-005, OSPI adopts the definitions, requirements, and procedural safeguards set forth by the United States Department of Education pursuant to Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, Title IX of the Education Amendments of 1972, and Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-007, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-007, filed 11/18/14, effective 12/19/14.

Wash. Admin. Code § 392-190-008 Definitions.

WAC 392-190-008

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. The definitions set forth in RCW 28A.642.012 also govern the terms used in this chapter. Where a term is not defined in RCW 28A.642.012, the definitions in chapter 49.60 RCW apply, unless the context clearly requires otherwise.

(1) "OSPI" means the office of the superintendent of public instruction.

(2) "Protected status" means a personal characteristic or membership in a class for which discrimination is prohibited under RCW 28A.640.010 and 28A.642.010 including sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental, or physical disability, neurodivergence, or the use of a trained dog guide or service animal by a person with a disability.

(3) "School district" means a common school as defined by RCW 28A.150.010 and charter schools as defined by RCW 28A.710.010.

(4) "Sexual harassment."

(a) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature between two or more individuals if:

(i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment;

(ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's education or employment; or

(iii) That conduct or communication has the purpose or effect of substantially interfering with an individual's educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment.

(b) For the purpose of this definition, sexual harassment may include conduct or communication that involves adult to student, student to adult, student to student, adult to adult, male to female, female to male, male to male, and female to female.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-008, filed 7/22/26, effective 8/22/26.

Wash. Admin. Code § 392-190-010 Counseling and guidance services—Course and program enrollment.

WAC 392-190-010

(1) School districts must not discriminate on the basis of a protected status in the counseling or guidance of students.

(2) Each school district must develop and use materials, orientation programs, and counseling techniques that encourage participation in all school programs and courses of study, including career and vocational technical programs and employment opportunities, regardless of a student's protected status. School districts must encourage students to explore subjects, activities, and occupations not traditional for their sex.

(3) Each school district that uses testing and other materials for counseling students must not use different materials for students based on their protected status. A school district may use different materials for students on the basis of their protected status if:

(a) The different materials address the same occupations and interest areas; and

(b) The use of different materials is essential to eliminate bias or prevent discrimination based on a protected status.

(4) Each school district must develop and use internal procedures to ensure that all tests and appraisal instruments related to guidance counseling, career and vocational guidance materials, work/study programs and opportunities, and educational scheduling or placement do not discriminate on the basis of a student's protected status.

(5) If a school district concludes that the use of tests and appraisal instruments, career and vocational guidance materials, work/study programs, or educational scheduling or placement has resulted in a substantially disproportionate number of students of a protected status in any particular course of study or classification, the school district must take prompt action to ensure that the disproportion is not the result of discrimination in the instrument or material, or its application.

(6) At least annually, each school district must review student enrollment data within courses and programs disaggregated by sex, race, limited-English proficiency (i.e., English language learners), and disability, including students protected under Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act. In its review of this data, the school district must determine whether a substantially disproportionate number of students within these categories are enrolled in a particular course or program. Where a school district finds that a particular course or program contains a substantially disproportionate number of students who are members of any one of the categories identified in this section, the district must take prompt action to ensure that the disproportion is not the result of discrimination, including in:

(a) The identification and selection of students;

(b) Course and program enrollment criteria;

(d) Academic, career, and vocational guidance materials;

(e) Work/study programs and opportunities;

(f) Educational scheduling or placement; and

(g) Other factors related to course and program enrollment.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-010, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-010, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-010, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-010, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.85.020, 28A.85.030 and 28A.85.050. WSR 80-09-017 (Order 80-26), § 392-190-010, filed 7/9/80
Order 6-76, § 392-190-010, filed 5/17/76.

Wash. Admin. Code § 392-190-020 Training—Staff responsibilities—Bias awareness.

WAC 392-190-020

Each school district must provide training to all administrators and certificated and classroom personnel regarding their responsibilities under this chapter and to raise awareness of and eliminate bias based on a protected status.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-020, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-020, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-020, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-020, filed 11/2/89, effective 12/3/89
Order 6-76, § 392-190-020, filed 5/17/76.

Wash. Admin. Code § 392-190-025 Recreational and athletic activities.

WAC 392-190-025

(1) Except as provided under this section, school districts must not, on the basis of a protected status, exclude any student from participation in, deny any student the benefits of, or otherwise discriminate against any student in any interscholastic, club, or intramural athletics or recreational activity offered or sponsored by the school district. School districts must not provide any athletic or recreational activity separately on such basis, except as provided in this section.

(2) A school district may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a school district operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try out for the team offered.

(3) A school district that operates or sponsors interscholastic, club, or intramural athletics must provide equal athletic opportunities for members of both sexes within each school. The following factors must be considered when determining whether equal opportunities are available:

(a) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;

(b) Provision of equipment and supplies;

(d) Travel and per diem allowances, if any;

(e) Opportunity to receive coaching and academic tutoring;

(f) Assignment and compensation of coaches, tutors, and game officials;

(g) Provision of locker rooms and practice and competitive facilities;

(h) Provision of medical and training facilities and services, including the availability of insurance;

(i) Provision of housing and dining facilities and services, if any; and

(j) Publicity and awards.

(4) Unequal aggregate expenditures within a school district for members of each sex or unequal expenditures for separate male and female teams alone will not constitute noncompliance with this section, but the failure to provide necessary funds for recreational and athletic activities for members of one sex may be considered in assessing the equality of opportunity for members of each sex.

(5) Where individual students with disabilities cannot participate in existing activities even with reasonable modifications and necessary accommodations, aids, or services, a school district may offer opportunities for students with disabilities to participate in separate or different recreational or athletic activities.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-025, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-025, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-025, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-025, filed 11/2/89, effective 12/3/89
Order 6-76, § 392-190-025, filed 5/17/76.

Wash. Admin. Code § 392-190-030 Recreational and athletic activities—Annual athletic evaluation.

WAC 392-190-030

Each school district must evaluate the recreational and athletic program at each school at least once each year to ensure that equal opportunities are available to members of both sexes with respect to interscholastic, club, or intramural athletics that are operated, sponsored, or otherwise provided by the school district.

In determining whether equal opportunities are available to members of both sexes, each school district conducting an evaluation required by this section must consider each of the factors listed under WAC 392-190-025(3).

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-030, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-030, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-030, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-030, filed 11/2/89, effective 12/3/89
Order 6-76, § 392-190-030, filed 5/17/76.

Wash. Admin. Code § 392-190-040 Recreational and athletic activities—Student athletic interest survey.

WAC 392-190-040

(1) Each school district must administer the OSPI student athletic interest survey to determine, for members of both sexes, student interest to participate in specific sports. Each school district must administer the survey at least once every three years at each school and grade level where interscholastic, intramural, and other athletics are conducted. The school district must consider the results of the survey, disaggregated by sex, when planning and developing recreational and athletic activities offered within the school district and when determining whether equal opportunities are available to members of both sexes under WAC 392-190-025 and 392-190-030.

(2) With OSPI's approval, school districts may modify or amend the content of the survey instrument if necessary to clarify and assist in evaluating student interest.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-040, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-040, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-040, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-040, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.85.020, 28A.85.030 and 28A.85.050. WSR 80-09-017 (Order 80-26), § 392-190-040, filed 7/9/80
Order 6-76, § 392-190-040, filed 5/17/76.

Wash. Admin. Code § 392-190-045 Recreational and athletic activities—Facilities.

WAC 392-190-045

A school district that provides athletic facilities for members of one sex, including showers, toilets, and training room facilities for athletic purposes, must provide comparable facilities for members of the opposite sex. A school district may provide separate facilities for male and female students or schedule the facilities equitably for separate use. This section does not require the construction of additional facilities.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-045, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-045, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-045, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-045, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.85.020, 28A.85.030 and 28A.85.050. WSR 80-09-017 (Order 80-26), § 392-190-045, filed 7/9/80
Order 6-76, § 392-190-045, filed 5/17/76.

Wash. Admin. Code § 392-190-046 Access to course offerings.

WAC 392-190-046

(1) Each school district must ensure that no student is denied or limited in their ability to participate in or benefit from its course offerings on the basis of a protected status.

(2) Course offerings include all education programs and activities offered or sponsored by a school district, whether those programs or activities take place in a district's facilities or elsewhere.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-046, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-046, filed 11/18/14, effective 12/19/14.

Wash. Admin. Code § 392-190-048 Access to course offerings—Student discipline and corrective action.

WAC 392-190-048

At least annually, each school district must review data on corrective and disciplinary actions taken against students within each school disaggregated by sex, race, limited-English proficiency (i.e., English language learners), and disability, including students protected under Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act. This review must include, but is not limited to, short-term suspensions, long-term suspensions, expulsions, and emergency removals. In reviewing this data, each school district must determine whether it has disciplined or applied corrective action to a substantially disproportionate number of students within any of the categories identified in this section. If a school district finds that it has disciplined or applied corrective action to a substantially disproportionate number of students who are members of one of the categories identified in this section, the school district must take prompt action to ensure that the disproportion is not the result of discrimination.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-048, filed 7/22/26, effective 8/22/26. Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-190-048, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 14-23-072, § 392-190-048, filed 11/18/14, effective 12/19/14.

Wash. Admin. Code § 392-190-050 Access to course offerings—Separate programs or activities.

WAC 392-190-050

Except as provided under this section, school districts must not provide any course or otherwise carry out any of its programs or activities separately on the basis of a protected status or require or refuse participation therein by any of its students on such basis. This section does not prohibit:

(1) The grouping of students in physical education classes and activities by demonstrated ability as assessed by objective standards of individual performance developed and applied without regard to sex. Where use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the school district must promptly implement appropriate standards that do not have such effect;

(2) The separation of students by sex within physical education classes or activities offered for students if:

(a) It can be shown under the factual circumstances involved in the particular case that maintaining a separate physical education class or activity for boys and girls is the best method of providing both sexes with an equal opportunity to participate in the class or activity; and

(b) The separated classes or activities are substantially equal;

(3) The separation of students by sex for classes or portions of classes that deal primarily with human sexuality;

(4) Classes and activities with requirements based on vocal range or quality, which may result in a chorus or choruses of one or predominantly one sex; and

(5) Classes, courses, or placement of students based on the student's individual language skill development or based on the student's needs as identified in the student's individualized education program under the Individuals with Disabilities Education Act.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-050, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-050, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-050, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-050, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.85.020, 28A.85.030 and 28A.85.050. WSR 80-09-017 (Order 80-26), § 392-190-050, filed 7/9/80
Order 6-76, § 392-190-050, filed 5/17/76.

Wash. Admin. Code § 392-190-052 Student enrollment documentation.

WAC 392-190-052

(1) A school district must accept a birth certificate, passport, or alternative documents to show a child's age or date of birth for the purposes of enrollment. Alternative documents include, but are not limited to, a religious, hospital, or physician's certificate showing the date of birth, an entry in a family bible, an adoption record, an affidavit from a parent, or a previously verified school record.

(2) Notwithstanding subsection (1) of this section, a school district may not inquire about, request, or collect any information about the immigration or citizenship status of any student or their parent or guardian.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-052, filed 7/22/26, effective 8/22/26.

Wash. Admin. Code § 392-190-055 Textbooks, instructional materials, and supplemental instructional materials—Instructional materials policy—Elimination of bias.

WAC 392-190-055

(1) School districts must not discriminate on the basis of a protected status through the use of any textbooks, instructional materials, or supplemental instructional materials, including reference materials and audio-visual materials.

(2) Each school district must adopt policies and procedures regarding instructional materials that include selection criteria designed to eliminate bias based on protected statuses in all textbooks, instructional materials, and supplemental instructional materials, including reference materials and audio-visual materials. Each school district must use the screening criteria adopted under this section to identify and eliminate bias in all textbooks and instructional materials, including reference materials and audio-visual materials.

(3) If instructional materials that contain bias cannot be replaced immediately, each school district must acquire supplemental instructional materials or aids to be used concurrent with existing materials to counter the bias content.

(4) Nothing in this section is intended to prohibit the use or assignment of supplemental instructional materials, such as classic and contemporary literary works, periodicals, and technical journals, that are educationally necessary or advisable even though they contain bias.

(5)(a) Consistent with RCW 28A.320.233, a school district board of directors may not refuse to approve, or prohibit the use of, any textbook, instructional material, supplemental instructional material, or other curriculum for student instruction on the basis that it relates to the study of the role and contributions of any individual or group on the basis of a protected status.

(b) Subsection (5)(a) does not apply if the content of the material relating to the role and contributions of an individual or group violates the provisions of chapter 28A.640 or 28A.642 RCW, including materials containing bias against any individual or group on the basis of a protected status.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-055, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-055, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-055, filed 4/13/11, effective 5/14/11. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-190-055, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-055, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.85.020, 28A.85.030 and 28A.85.050. WSR 80-09-017 (Order 80-26), § 392-190-055, filed 7/9/80
Order 6-76, § 392-190-055, filed 5/17/76.

Wash. Admin. Code § 392-190-0555 Discriminatory harassment.

WAC 392-190-0555

(1) For purposes of administrative enforcement of this chapter under WAC 392-190-060 through 392-190-081, a school district violates a student's rights regarding discriminatory harassment, including sexual harassment as defined under WAC 392-190-056, when the following conditions are met:

(a) The alleged conduct is based on a student's protected status;

(b) The alleged conduct is sufficiently severe, persistent, or pervasive that it limits or denies a student's ability to participate in or benefit from the school district's course offerings, including any educational program or activity (i.e., creates a hostile environment); and

(c) The school district, upon notice, fails to take prompt and appropriate action to investigate or fails to take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.

(2) For purposes of administrative enforcement of this chapter under WAC 392-190-060 through 392-190-081, OSPI deems a school district to have notice of discriminatory harassment if a reasonable employee knew, or in the exercise of reasonable care should have known, about the harassment.

(3) Nothing in this chapter is intended to diminish or otherwise modify an individual's right to bring an action under state or federal law alleging that the individual has been harmed by conduct or communication related to the individual's protected status that creates a hostile or abusive educational or workplace environment.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-0555, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-0555, filed 11/18/14, effective 12/19/14.

Wash. Admin. Code § 392-190-057 Sexual harassment policy—Required criteria.

WAC 392-190-057

In order to eliminate sexual harassment in connection with any responsibility, function, or activity within the jurisdiction of a school district, a sexual harassment policy must be adopted and implemented by each district. This policy must apply to all school district employees, volunteers, parents, and students including, but not limited to, conduct between students. This policy must incorporate the following criteria:

(1) Definition of sexual harassment consistent with WAC 392-190-008;

(2) Responsibilities of employees and volunteers;

(3) Investigative and complaint procedures consistent with WAC 392-190-065 through 392-190-075;

(4) Remedies available to targets of sexual harassment;

(5) Possible disciplinary actions against violators, which must conform with collective bargaining agreements and state and federal laws;

(6) Reprisal, retaliation, and false accusations prohibition;

(7) Dissemination and implementation of the policy; and

(8) Internal review of the policy.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-057, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-057, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-057, filed 4/13/11, effective 5/14/11. Statutory Authority: 1994 c 213. WSR 94-23-043 (Order 94-14), § 392-190-057, filed 11/10/94, effective 12/11/94.

Wash. Admin. Code § 392-190-058 Sexual harassment policy—Notification.

WAC 392-190-058

(1) The school district's sexual harassment policy must be easily understood and conspicuously posted throughout each school building and provided to each employee.

(2) Information about the school district's sexual harassment policy and complaint procedure must appear in any publication of a school or school district that sets forth the rules, regulations, procedures, and standards of conduct for the school or school district. Each school district must publish this information in handbooks and on school and district websites consistent with the requirements in RCW 28A.300.286.

(3) Each school district must develop a process for discussing the district's sexual harassment policy. The process must ensure the discussion addresses the definition of sexual harassment and issues covered in the sexual harassment policy.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-058, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-058, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-058, filed 4/13/11, effective 5/14/11. Statutory Authority: 1994 c 213. WSR 94-23-043 (Order 94-14), § 392-190-058, filed 11/10/94, effective 12/11/94.

Wash. Admin. Code § 392-190-059 Harassment, intimidation, and bullying prevention policy and procedure—School districts.

WAC 392-190-059

(1) Each school district must adopt a harassment, intimidation, and bullying prevention policy and procedure as provided for in RCW 28A.600.477.

(2) If the allegations in a written complaint of harassment, intimidation, or bullying filed under the school district's procedure adopted under RCW 28A.600.477 indicate a potential violation of this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, the school district's harassment, intimidation, and bullying compliance officer, designated under RCW 28A.300.285, must promptly notify the district civil rights coordinator designated under WAC 392-190-060. Or, if during the course of an investigation of harassment, intimidation, or bullying, the school district becomes aware of a potential violation of this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, the district staff member investigating the report must promptly notify the district civil rights coordinator. Upon receipt of this information, the civil rights coordinator must notify the complainant that their complaint will also proceed under the discrimination complaint procedure in WAC 392-190-065, in addition to the procedures adopted under RCW 28A.600.477. School districts must provide this notice in a language that the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964. In these cases, the investigation and response timeline set forth in WAC 392-190-065 begins when the school district knows or should have known that a written report of harassment, intimidation, or bullying involves allegations that the school district has violated this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005.

(3) This section is not intended to limit the scope of RCW 28A.600.477 or the use of a school district's procedures adopted under RCW 28A.600.477.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-059, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-059, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-059, filed 4/13/11, effective 5/14/11.

Wash. Admin. Code § 392-190-0591 Public school employment and contract practices—Nondiscrimination.

WAC 392-190-0591

(1) School districts must not, on the basis of a protected status, exclude any person from participation in, deny any person the benefit of, or subject any person to discrimination in employment, recruitment, promotion, advancement, consideration, or selection, whether full time or part time, in connection with employment by a school district.

(2) Each school district must make all employment decisions in a nondiscriminatory manner and must not limit, segregate, or classify any person in any way that could adversely affect a person's employment opportunities or status on the basis of a protected status.

(3) School districts must not enter into any contractual or other relationship that directly or indirectly has the effect of subjecting any person to discrimination in connection with employment on the basis of a protected status including, but not limited to, relationships with employment and referral agencies, labor unions, and organizations providing or administrating fringe benefits to employees.

(4) School districts must not grant preferential treatment to applications for employment based on an applicant's enrollment at any education institution or entity that only or predominately admits students on the basis of sex, race, color, or national origin if the giving of such preferences has the effect of discriminating on the basis of sex, race, color, or national origin.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-0591, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-0591, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-0591, filed 4/13/11, effective 5/14/11.

Wash. Admin. Code § 392-190-0592 Public school employment—Affirmative action program.

WAC 392-190-0592

(1) Each school district must develop an affirmative action employment plan or program that includes appropriate provisions designed to eliminate discrimination on the basis of a protected status.

(2) With respect to sex discrimination, a school district's affirmative action employment plan or program must include:

(a) The requirement to:

(i) Maintain credential requirements for all personnel without regard to sex;

(ii) Make no differentiation in pay scale on the basis of sex;

(iii) Make no differentiation in the assignment of school duties on the basis of sex except where such assignment would involve duty areas or situations such as, but not limited to, a shower room, where persons might be disrobed;

(iv) Provide the same opportunities for advancement for males and females;

(v) Make no difference in conditions of employment on the basis of sex including, but not limited to, hiring practices, leaves of absence, hours of employment, and assignment of or payment for instructional and noninstructional duties; and

(b) Such other provisions as may be required by OSPI to facilitate reasonable affirmative action goals and objectives and to eliminate discrimination in public school employment.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-0592, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-0592, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-0592, filed 4/13/11, effective 5/14/11.

Wash. Admin. Code § 392-190-060 Designation of civil rights coordinator.

WAC 392-190-060

(1) The superintendent of each school district must designate at least one employee, a civil rights coordinator, who will serve as the district's primary contact under RCW 28A.642.090. The civil rights coordinator may also serve as the primary contact regarding the school district's policy and procedure prohibiting harassment, intimidation, and bullying under RCW 28A.600.477, or the primary contact regarding the school district's policy and procedure related to transgender students under RCW 28A.642.080. The civil rights coordinator is responsible for:

(a) Monitoring and coordinating the school district's compliance with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005;

(b) Ensuring that all complaints communicated to the district under WAC 392-190-065 are promptly investigated and resolved; and

(c) Facilitating communication about the school district's compliance with federal and state nondiscrimination laws including, but not limited to, (a) and (b) of this subsection, with other district coordinators, including the primary contact for the harassment, intimidation, and bullying policy and procedure under RCW 28A.600.477 and the primary contact for the policy and procedure related to transgender students under RCW 28A.642.080.

(2) The civil rights coordinator must receive sufficient training regarding their responsibilities and the school district's compliance requirements under this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, and to raise awareness of and eliminate bias based on protected statuses.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-060, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-060, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-060, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-060, filed 11/2/89, effective 12/3/89
Order 6-76, § 392-190-060, filed 5/17/76.

Wash. Admin. Code § 392-190-063 Notification of nondiscrimination and complaint procedures.

WAC 392-190-063

(1) Each school district must, once each year or more often as deemed necessary, publish notice in a manner that is reasonably calculated to inform all students, students' parents and guardians, and employees of the complaint procedure set forth in WAC 392-190-065, 392-190-070, and 392-190-075. Each school district must provide this notice in a language that each parent and guardian can understand, which may require language assistance for parents and guardians with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964. Each school district must publish this information in handbooks and on school and district websites consistent with the requirements in RCW 28A.300.286.

(2) Each school district must include a nondiscrimination statement in written announcements, recruitment materials, employment application forms, and other publications made available to all students, students' parents and guardians, or employees. The statement must include:

(a) Notice that the school district may not discriminate in any programs or activities on the basis of a protected status, including sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental or physical disability, neurodivergence, or the use of a trained dog guide or service animal;

(b) The name or title, office address, email address, and telephone number of the civil rights coordinator designated under WAC 392-190-060, as well as the employees designated to ensure compliance with Section 504 of the Rehabilitation Act of 1973 and Title IX of the Education Amendments of 1972; and

(c) Pursuant to the Boy Scouts of America Equal Access Act, notice that the school district provides equal access to the Boy Scouts of America and any other youth group listed in Title 36 of the United States Code as a patriotic society.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-063, filed 7/22/26, effective 8/22/26.

Wash. Admin. Code § 392-190-064 Protections against retaliation.

WAC 392-190-064

School districts must not adopt any policy, procedure, or practice that would limit a person's right to file a complaint under this chapter or have the effect of discouraging any person from utilizing the complaint procedure in this chapter. School districts must not intimidate, threaten, coerce, or discriminate against any person for the purpose of interfering with any right secured by this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, or because the individual has made a complaint or participated in an investigation under this chapter.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-064, filed 7/22/26, effective 8/22/26.

Wash. Admin. Code § 392-190-065 Complaint procedure—Level I complaint to school district.

WAC 392-190-065

Each school district must establish a discrimination complaint procedure that includes the following requirements:

(1) Receiving a complaint.

(a) Anyone may file a complaint with a school district alleging that the district has violated this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005. The complaint must be written and describe the specific acts, conditions, or circumstances alleged to violate this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005.

(b) A school district may establish a complaint filing deadline. The filing deadline must be no less than one year after the specific act, condition, or circumstance that is the subject matter of the complaint. A complaint filing deadline may not be imposed if the complainant was prevented from filing a complaint due to:

(i) Specific misrepresentations by the school district that it had resolved the problem forming the basis of the complaint; or

(ii) Withholding of information by the school district that was required to be provided under this chapter.

(c) Complaints may be submitted by mail, fax, email, or hand delivery to any district or school administrator or to the civil rights coordinator designated under WAC 392-190-060. Any district or school administrator who receives a complaint that alleges a violation of this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, must promptly notify the civil rights coordinator designated under WAC 392-190-060.

(d) Upon receipt of the complaint, the civil rights coordinator designated under WAC 392-190-060 must provide the complainant a copy of the school district's discrimination complaint procedure in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(2) Investigation.

(a) Upon receipt of a complaint, the civil rights coordinator designated under WAC 392-190-060 must ensure that the school district conducts a prompt, thorough, and impartial investigation into the allegations in the complaint.

(b) The school district must complete the investigation and respond to the complainant in writing within 30 calendar days after the district received the complaint. A school district may extend the investigation and response timeline if:

(i) The complainant agrees to an extension; or

(ii) Exceptional circumstances related to the complaint require an extension of the timeline. If an extension is needed, the school district must promptly notify the complainant in writing of the reasons for the extension and the anticipated response date. This notice must be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(c) Following the completion of the investigation, the civil rights coordinator must provide the school district superintendent or the superintendent's designee with a full written report of the complaint and the results of the investigation.

(3) Written response to complainant.

(a) The district superintendent or their designee must respond in writing to the complainant within the timeline established under subsection (2)(b) of this section. The written response of the school district superintendent or their designee must include:

(i) A summary of the results of the investigation;

(ii) A determination regarding whether a preponderance of the evidence shows that the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005;

(iii) Notice of the complainant's right to appeal under WAC 392-190-070, including the email and address where the complainant may file the appeal, the name of the party or board that will decide the appeal, and any established filing deadline; and

(iv) If the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, the corrective measures deemed necessary to correct the noncompliance. Any corrective measures must be instituted as expeditiously as possible but no later than 30 calendar days after the school district's written response to the complainant, unless otherwise agreed to by the complainant.

(b) The school district's written response to the complainant must be in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(c) At the time the school district superintendent responds to the complainant, the school district must send a copy of the response to OSPI.

(4) Informal resolution.

(a) The complainant and the school district may agree to resolve the complaint in lieu of an investigation. If the complaint is resolved to the satisfaction of the parties involved, no further action is necessary under this section.

(b) Nothing in this section prohibits a school district from adopting a separate procedure to resolve informal (i.e., verbal) complaints or allegations. An informal complaint procedure must not limit a complainant's right to file a formal complaint under this section. When utilizing an informal complaint procedure, a school district must notify complainants about their right to file a formal complaint under this section. The school district must provide this notice in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(5) Failure to respond.

(a) If a school district fails to comply with the procedures in this section such that the complainant is denied a timely written response, the complainant may file a complaint with OSPI. In lieu of opening an investigation, OSPI may direct the school district to complete the investigation and respond consistent with subsections (2) and (3) of this section.

(b) The complaint to OSPI must be in writing and include:

(i) A copy of the complaint that complainant submitted to the school district under subsection (1) of this section; and

(ii) Information about when, how, and to whom the complaint was submitted; and

(iii) A copy of any communication between the complainant and the school district regarding the complaint response timelines.

(c) The complainant must file the complaint to OSPI within one year of their complaint to the school district. The complaint may be submitted by mail, fax, email, or hand delivery.

(6) Employment complaints. Nothing in this section is intended to modify or supersede any grievance procedure provided for in a school district collective bargaining agreement.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-065, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-065, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-065, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-065, filed 11/2/89, effective 12/3/89
Order 6-76, § 392-190-065, filed 5/17/76.

Wash. Admin. Code § 392-190-070 Complaint procedure—Level II appeal to school board.

WAC 392-190-070

(1) Appeals.

(a) A school district's complaint procedure required under WAC 392-190-065 must provide an option to appeal the decision of the school district superintendent or their designee to the district school board of directors. The school board may designate a different party or board to decide appeals under this section so long as the designee is granted authority to order the school district to take corrective measures deemed necessary to correct any noncompliance identified in the appeal.

(b) Any individuals deciding the appeal may not have been involved in the initial complaint, investigation, or decision under WAC 392-190-065.

(c) A school district may establish an appeal filing deadline. The appeal filing deadline must be no less than 10 calendar days from the date the complainant received the school district's response under WAC 392-190-065.

(d) The appeal must be submitted in writing.

(2) Appeal decision.

(a) The school district must provide the school board or school board designee's written appeal decision to the complainant in a timely manner, not to exceed 30 calendar days from the date the school district received the appeal, unless otherwise agreed to by the complainant. The appeal decision must include notice of the complainant's right to file a complaint with OSPI under WAC 392-190-075.

(b) The written appeal decision must be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(c) At the time the school district responds to the complainant, the school district must send a copy of the appeal decision to OSPI.

(3) Failure to respond.

(a) If a school district fails to comply with the procedures in this section such that the complainant is denied a timely written appeal decision, the complainant may file a complaint with OSPI. In lieu of opening an investigation, OSPI may direct the school district to complete its appeal and respond consistent with subsection (2) of this section.

(b) The complaint to OSPI must be in writing and include:

(i) A copy of the appeal that complainant submitted to the school board or their designee under this section; and

(ii) Information about when, how, and to whom the appeal was submitted; and

(iii) A copy of any communication between the complainant and the school board or their designee regarding the appeal decision timelines.

(c) The complainant must file the complaint to OSPI within one year of their appeal to the school board or their designee. The complaint may be submitted by mail, fax, email, or hand delivery.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-070, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-070, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-070, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-070, filed 11/2/89, effective 12/3/89
Order 6-76, § 392-190-070, filed 5/17/76.

Wash. Admin. Code § 392-190-075 Complaint procedure—Level III complaint to OSPI.

WAC 392-190-075

(1) Complaint to OSPI.

(a) If a complainant disagrees with the appeal decision under WAC 392-190-070, the complainant may file a complaint with OSPI.

(b) The complaint must be received by OSPI within 20 calendar days after the complainant received the school district's written appeal decision, unless OSPI grants an extension for good cause. The complaint may be submitted by mail, fax, email, or hand delivery.

(i) A description of the specific acts, conditions, or circumstances alleged to violate this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, and the facts on which the complaint is based;

(ii) The name and contact information, including an address, of the complainant;

(iii) A copy of the complainant's written complaint to the school district and appeal to the school board;

(iv) A copy of the school district's complaint and appeal decisions under WAC 392-190-065 and 392-190-070;

(v) A proposed resolution of the complaint or relief requested; and

(vi) If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information for the student.

(d) OSPI may require the complainant to submit a signed consent form from a student's legal parent or guardian before OSPI proceeds to open an investigation that involves an individual student.

(2) OSPI investigation.

(a) Upon receipt of a complaint, OSPI may, at its discretion, initiate an investigation, which may include reviewing relevant information or conducting an independent on-site review. OSPI may, at its discretion, investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the school district under WAC 392-190-065 or 392-190-070.

(b) If OSPI initiates an investigation, OSPI will provide notice to the school district of the complaint and the issues OSPI has identified for investigation. As part of the investigation, OSPI will provide the school district the opportunity to respond in writing to the complaint and provide any information the district deems relevant to OSPI's investigation. The school district will provide such response and information, if any, within 30 calendar days of its receipt of OSPI's notice of the investigation, unless OSPI agrees to an extension.

(c) OSPI will provide a copy of the notice under subsection (3)(b) of this section to the complainant in a language that the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(3) Investigation resolution.

(a) A complaint may be resolved at any time when, before the conclusion of an investigation by OSPI, the complainant withdraws their complaint or a school district enters into a voluntary resolution agreement with OSPI to take actions to resolve the complaint.

(b) If the complaint is not resolved voluntarily, following an investigation, OSPI will make an independent determination as to whether a preponderance of the evidence shows the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005. OSPI will issue a written proposed order to the complainant and the school district that states OSPI's determination with regard to each issue identified for investigation in the notice provided under subsection (3)(b) of this section.

(c) If OSPI determines the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, OSPI will issue a proposed order that includes:

(i) Findings of fact;

(ii) One or more conclusions of law stating how the school district failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005;

(iii) An order of appropriate corrective measures or sanctions, which could include, but is not limited to:

(A) The institution of a corrective action plan, which will include corrective actions OSPI deems necessary to correct the noncompliance, the timeline for completing such corrective actions, and the documentation the school district must provide OSPI to show the corrective actions are completed;

(B) The institution of sanctions or other corrective measures outlined in WAC 392-190-080; and

(iv) Notice of appeal procedures under WAC 392-190-079.

(d) If the school district does not exercise its right to appeal the proposed order pursuant to the procedures described in WAC 392-190-079 within 30 calendar days of the date of the proposed order, the proposed order shall be the final order of the agency.

(4) Corrective action monitoring.

(a) All corrective actions must be completed within the timelines established in the final order unless OSPI grants an extension.

(b) If timely compliance by a school district is not achieved, OSPI may take actions to ensure compliance. Such actions may include, but are not limited to, referring the school district to appropriate state or federal agencies empowered to order compliance with the law or the initiation of additional sanctions or corrective measures under WAC 392-190-080.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-075, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-075, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-075, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-075, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.85.020, 28A.85.030 and 28A.85.050. WSR 80-09-017 (Order 80-26), § 392-190-075, filed 7/9/80
Order 6-76, § 392-190-075, filed 5/17/76.

Wash. Admin. Code § 392-190-0751 Mediation.

WAC 392-190-0751

(1) A school district may offer mediation, at the district's expense, to resolve complaints at any time during the complaint procedure set forth in WAC 392-190-065 through 392-190-075. The purpose of mediation is to offer both the complainant and the school district an opportunity to resolve disputes and reach a mutually acceptable agreement concerning the complaint through the use of an impartial mediator.

(2) Mediation must be voluntary and requires the agreement of both parties. It may be terminated by either party at any time during the mediation process.

(3) Mediation cannot be used to deny or delay a complainant's right to utilize the complaint procedure set forth in WAC 392-190-065 through 392-190-075 or to deny any other rights afforded under this chapter or under chapters 28A.640 or 28A.642 RCW.

(4) Mediation must be conducted by qualified and impartial mediators. An individual who serves as a mediator:

(a) May not be an employee of any school district or other public or private agency that is providing education or related services to a student who is the subject of the mediation process; and

(b) Must not have a personal or professional conflict of interest.

(5) A person who otherwise qualifies as a mediator is not an employee of a school district or other public agency solely because he or she is paid by the school district or agency to serve as a mediator.

(6) If the parties resolve a dispute through the mediation process, the parties may execute a legally binding agreement that:

(a) Sets forth that resolution;

(b) States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing, or civil proceeding; and

(c) Is signed by both the complainant and a representative of the school district who has the authority to bind the district.

(7) The complainant and the school district may agree to extend the timelines set forth in WAC 392-190-065 through 392-190-075 to pursue mediation.

(8) OSPI does not sign, approve, or endorse any mediation agreements reached by the parties. However, OSPI may assist both parties in understanding pertinent legal standards and possible remedies.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-0751, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-0751, filed 11/18/14, effective 12/19/14.

Wash. Admin. Code § 392-190-076 Monitoring—Duty of the superintendent of public instruction.

WAC 392-190-076

(1) OSPI must monitor school districts' compliance with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, and chapters 28A.640 and 28A.642 RCW.

(2) In addition to monitoring school district compliance through the investigation of complaints under WAC 392-190-075, procedures for monitoring school districts may include, but are not limited to:

(a) Investigation into a school district's compliance with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, and chapters 28A.640 and 28A.642 RCW;

(b) Collection, review, and analysis of data and other information; and

(3) If OSPI initiates monitoring under this section, OSPI will provide notice to the school district of the issues OSPI has identified for monitoring. As part of the monitoring, OSPI will provide the school district the opportunity to respond in writing to the identified issues and provide any information the district deems relevant to OSPI's monitoring. The school district will provide such response and information, if any, within 30 calendar days of its receipt of OSPI's notice of the monitoring, unless OSPI agrees to an extension.

(4) OSPI may, at any time, refer a complaint or compliance issue regarding a school district to appropriate state or federal agencies empowered to order compliance with the law.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-076, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-076, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-076, filed 4/13/11, effective 5/14/11.

Wash. Admin. Code § 392-190-077 Monitoring—Determinations.

WAC 392-190-077

(1) OSPI's monitoring may be resolved at any time when, before the conclusion of the monitoring by OSPI, the school district enters into a voluntary resolution agreement with OSPI to take actions to resolve noncompliance with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, or chapters 28A.640 and 28A.642 RCW.

(2) Following the monitoring, OSPI will make an independent determination as to whether a preponderance of the evidence shows the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005. OSPI will issue a written proposed order to the school district that states OSPI's determination with regard to each issue identified for investigation in the notice provided under WAC 392-190-076.

(3) If OSPI determines the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, or chapters 28A.640 and 28A.642 RCW, OSPI will issue a proposed order that includes:

(a) Findings of fact;

(b) One or more conclusions of law stating how the school district failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, or chapters 28A.640 and 28A.642 RCW;

(i) The institution of a corrective action plan, which will include corrective actions OSPI deemed necessary to correct the noncompliance, the timeline for completing such corrective actions, and the documentation the school district must provide OSPI to show the corrective actions are completed; or

(ii) The institution of permissible sanctions or other corrective measures outlined in WAC 392-190-080; and

(d) Notice of appeal procedures under WAC 392-190-079.

(4) If the school district does not exercise the right to appeal the proposed order pursuant to the procedures described in WAC 392-190-079 within 30 calendar days of the date of the proposed order, the proposed order shall be the final order of the agency.

(5) All corrective actions must be completed within the timelines established in the final order unless OSPI grants an extension. If timely compliance by a school district is not achieved, OSPI may take actions to ensure compliance. Such actions may include, but are not limited to, referring the school district to appropriate state or federal agencies empowered to order compliance with the law or the initiation of additional sanctions or corrective measures WAC 392-190-080.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-077, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-077, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-077, filed 4/13/11, effective 5/14/11.

Wash. Admin. Code § 392-190-079 Monitoring—Appeal procedure.

WAC 392-190-079

(1) A complainant or school district that desires to appeal the proposed order of OSPI issued under WAC 392-190-075 or 392-190-077 may file an appeal with OSPI in accordance with the adjudicative proceedings in RCW 34.05.413 through 34.05.494, and the administrative practices and procedures of OSPI in chapter 392-101 WAC. To initiate review under this section, a complainant or school district must file a written notice with OSPI within 30 calendar days following the date of receipt of OSPI's proposed order under WAC 392-190-075 or 392-190-077.

(2) For purposes of hearing an appeal under this section, OSPI must conduct a formal administrative hearing in conformance with the Administrative Procedure Act, chapter 34.05 RCW. OSPI, in carrying out this duty, may contract with the office of administrative hearings pursuant to RCW 28A.300.120 to hear a particular appeal.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-079, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-079, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-079, filed 4/13/11, effective 5/14/11.

Wash. Admin. Code § 392-190-080 Violations—Permissible sanctions.

WAC 392-190-080

In the event a school district is found to be in violation of the requirements of this chapter, OSPI may, by appropriate order pursuant to chapter 34.05 RCW, impose an appropriate sanction or institute appropriate corrective measures including, but not limited to:

(1) The termination of all or part of state apportionment or categorical moneys to the offending school district;

(2) The termination of specified programs wherein the violation or violations are found to be flagrant in nature;

(3) The institution of a mandatory affirmative action program within the offending school district; and

(4) The placement of the offending school district on probation with appropriate sanctions until such time as compliance is achieved or is assured, whichever is deemed appropriate in the particular case by OSPI.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-080, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-080, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-080, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 (1). WSR 89-23-001 (Order 15), § 392-190-080, filed 11/2/89, effective 12/3/89
Order 6-76, § 392-190-080, filed 5/17/76.

Wash. Admin. Code § 392-190-081 Concurrent claims and remedies.

WAC 392-190-081

(1) Except as provided in subsections (2) and (3) of this section, nothing in this chapter is intended to deny an aggrieved person from simultaneously pursuing other available administrative, civil, or criminal remedies for an alleged violation of the law.

(2) A complaint made under WAC 392-190-065 through 392-190-075 may be held in abeyance for a period of time pending the outcome of any proceeding in state or federal court or before a local, state or federal agency in which the same claim or claims are at issue, whether under RCW 28A.640.040, 28A.642.040, or any other law.

(3) Where the complainant elects to pursue simultaneous claims in more than one forum, the factual and legal determinations issued by the first tribunal to rule on the claims may, in some circumstances, be binding on all or portions of the claims pending before other tribunals.

History

Statutory Authority: RCW 28A.640.020 and 28A.642.020. WSR 26-15-128, s 392-190-081, filed 7/22/26, effective 8/22/26
WSR 14-23-072, § 392-190-081, filed 11/18/14, effective 12/19/14
WSR 11-09-024, § 392-190-081, filed 4/13/11, effective 5/14/11.

Chapter 392-191 School personnel—Evaluation of the professional performance capabilities.

Wash. Admin. Code § 392-191-001 Authority.

The general authority for this chapter is RCW 28A.405.100 which authorizes the superintendent of public instruction to adopt minimum criteria for the evaluation by districts of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel. This general authority is supplemented by RCW 28A.405.150 which authorizes the superintendent of public instruction to develop minimum procedural standards for evaluation of certificated classroom teachers and certificated support personnel conducted pursuant to RCW 28A.405.100.

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-191-001, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-001, filed 1/2/90, effective 2/2/90. Statutory Authority: RCW 28A.67.065. WSR 84-20-085 (Order 84-45), § 392-191-001, filed 10/2/84.

Wash. Admin. Code § 392-191-005 Purpose.

The purpose of this chapter is to establish the minimum criteria and minimum procedural standards to be adopted in accordance with chapter 41.59 RCW by districts for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel.

History

Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-005, filed 1/2/90, effective 2/2/90. Statutory Authority: RCW 28A.67.065. WSR 84-20-085 (Order 84-45), § 392-191-005, filed 10/2/84
Order 20-76, § 392-191-005, filed 1/11/77.

Wash. Admin. Code § 392-191-007 Evaluation requirements.

Local school districts shall establish and implement on or before September 1, 1991, an evaluation program consisting of the following:

(1) Evaluation criteria meeting the minimum standards specified in WAC 392-191-010 and 392-191-020;

(2) Evaluation procedures meeting the minimum standards specified in WAC 392-191-025 through 392-191-045;

(3) Evaluation criteria and procedures as specified in RCW 28A.405.100 and 28A.405.150;

(4) Additional criteria and procedural standards as may be established pursuant to the bargaining process set forth in chapter 41.59 RCW.

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-191-007, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.67.065. WSR 90-22-045 (Order 41), § 392-191-007, filed 11/2/90, effective 12/3/90.

Wash. Admin. Code § 392-191-010 Minimum evaluation criteria—Certificated classroom teachers.

The following are the minimum criteria for certificated classroom teachers:

(1) Instructional skill. The certificated classroom teacher demonstrates, in his or her performance, a competent level of knowledge and skill in designing and conducting an instructional experience.

(2) Classroom management. The certificated classroom teacher demonstrates, in his or her performance, a competent level of knowledge and skill in organizing the physical and human elements in the educational setting.

(3) Professional preparation and scholarship. The certificated classroom teacher exhibits, in his or her performance, evidence of having a theoretical background and knowledge of the principles and methods of teaching, and a commitment to education as a profession.

(4) Effort toward improvement when needed. The certificated classroom teacher demonstrates an awareness of his or her limitations and strengths, and demonstrates continued professional growth.

(5) The handling of student discipline and attendant problems. The certificated classroom teacher demonstrates the ability to manage the noninstructional, human dynamics in the educational setting.

(6) Interest in teaching pupils. The certificated classroom teacher demonstrates an understanding of and commitment to each pupil, taking into account each individual's unique background and characteristics. The certificated classroom teacher demonstrates enthusiasm for or enjoyment in working with pupils.

(7) Knowledge of subject matter. The teacher demonstrates a depth and breadth of knowledge of theory and content in general education and subject matter specialization(s) appropriate to the elementary and/or secondary level(s).

History

Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-010, filed 1/2/90, effective 2/2/90
Order 20-76, § 392-191-010, filed 1/11/77.

Wash. Admin. Code § 392-191-020 Minimum evaluation criteria—Certificated support personnel.

The following are the minimum criteria for certificated support personnel:

(1) Knowledge and scholarship in special field. Each certificated support person demonstrates a depth and breadth of knowledge of theory and content in the special field. He/she demonstrates an understanding of and knowledge about common school education and the educational milieu grades K-12, and demonstrates the ability to integrate the area of specialty into the total school milieu.

(2) Specialized skills. Each certificated support person demonstrates in his/her performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation.

(3) Management of special and technical environment. Each certificated support person demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the specialized programs.

(4) The support person as a professional. Each certificated support person demonstrates awareness of his/her limitations and strengths and demonstrates continued professional growth.

(5) Involvement in assisting pupils, parents, and educational personnel. Each certificated support person demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs.

History

Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-020, filed 1/2/90, effective 2/2/90
Order 20-76, § 392-191-020, filed 1/11/77.

Wash. Admin. Code § 392-191-025 Minimum procedural standards—Purposes of evaluation.

The purposes of evaluations of certificated classroom teachers and certificated support personnel shall be, at a minimum:

(1) To identify in consultation with classroom teachers and certificated support personnel observed, particular areas in which their professional performance is satisfactory or outstanding, and particular areas in which the classroom teacher or support person needs to improve his or her performance.

(2) To assist classroom teachers and certificated support personnel, who have identified areas needing improvement, in making those improvements.

(3) To identify classroom teachers or certificated support personnel whose professional performance is unsatisfactory and for whom remediation is needed.

History

Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-025, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-191-030 Minimum procedural standards—Frequency of evaluation.

Each school year the frequency of evaluation shall be:

(1) All classroom teachers and certificated support personnel shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties.

(2) At least one observation shall be a minimum of thirty minutes.

(3) New employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period.

(4) Total observation time for each employee for each school year shall be not less that sixty minutes: Provided, That after an employee has four years of satisfactory evaluations, a school district may use a short form of evaluation pursuant to RCW 28A.405.100(5).

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-191-030, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.67.065. WSR 90-22-045 (Order 41), § 392-191-030, filed 11/2/90, effective 12/3/90. Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-030, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-191-035 Minimum procedural standards—Conduct of the evaluation.

The conduct of the evaluation of classroom teachers and certificated support personnel shall include, at a minimum, the following:

(1) Observation and written comment pursuant to RCW 28A.405.100 by the principal or his/her designee at the school to which the certificated employee is assigned.

(2) The opportunity for the employee to attach written comments to his/her evaluation report.

(3) For certificated classroom teachers, the minimum criteria set forth in WAC 392-191-010; and for certificated support personnel the minimum criteria set forth in WAC 392-191-020. Nothing in this chapter shall be construed to prohibit a local school district from developing an evaluation instrument which contains criteria in excess of those established by the superintendent of public instruction.

(4) When appropriate, suggestions for improvement should be part of the principal's or his/her designee's comments.

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-191-035, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.67.065. WSR 90-22-045 (Order 41), § 392-191-035, filed 11/2/90, effective 12/3/90. Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-035, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-191-040 Minimum procedural standards—Procedures to be used in making evaluations.

The following procedures shall be used in making evaluations:

(1) The procedures stipulated in RCW 28A.405.100 shall be used by principals or their designees conducting evaluations of certificated classroom teachers and certificated support personnel.

(2) Following each observation, or series of observations, the principal or his/her designee shall promptly document the results of the evaluation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared.

(3) Each classroom teacher and each certificated support person shall have the opportunity for a minimum of two confidential conferences during each school year with his/her principal or principal's designee either following receipt of the written evaluation results, or at a time mutually satisfactory to the participants. The sole purpose of each such conference shall be to provide additional information to aid the principal or his or her designee in evaluating the teacher or certificated support person (e.g., providing direction, assistance, guidance, encouragement to the employee).

(4) If other evaluators are used, additional procedures may be adopted pursuant to local policy.

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-191-040, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.67.065. WSR 90-22-045 (Order 41), § 392-191-040, filed 11/2/90, effective 12/3/90. Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-040, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 392-191-045 Minimum procedural standards—Use of evaluation results.

Evaluation results shall be used:

(1) To acknowledge, recognize, and encourage excellence in professional performance.

(2) To document the satisfactory performance by an employee of his/her assigned duties.

(3) To identify discrete areas according to the criteria included on the evaluation instrument in which the employee may need improvement.

(4) To document performance by an employee judged unsatisfactory based on the district evaluation criteria.

History

Statutory Authority: RCW 28A.67.065 and 28A.67.225. WSR 90-02-078 (Order 20), § 392-191-045, filed 1/2/90, effective 2/2/90.

Chapter 392-191A Professional growth and evaluation of school personnel.

Wash. Admin. Code § 392-191A-010 Authority.

The general authority for this chapter is RCW 28A.405.100 which authorizes the superintendent of public instruction to adopt minimum criteria for the evaluation by school districts of professional educators.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-010, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-020 Purpose.

The purpose of this chapter is to establish the minimum criteria, minimum procedural standards, summative methodology and summative descriptors to be adopted in accordance with chapter 41.59 RCW by school districts for the evaluation of the professional performance capabilities and development of certificated classroom teachers, principals, assistant principals, and certificated support personnel.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-020, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-030 Definitions.

The following definitions apply to the terms used in this chapter:

"Certificated classroom teacher" and "teacher" mean a certificated employee who provides academically focused instruction to students and holds one or more of the certificates under WAC 181-79A-140 (1) through (3), and 181-79A-142 (1), (2)(a), (b), (d), and (3).

"Certificated principal," "principal" and "assistant principal" mean a person who is employed to supervise the operation and management of a school as provided by RCW 28A.400.100 and holds certificates under WAC 181-79A-140 (4)(a) and 181-79A-142 (1), (2)(a), (d), and (3).

"Certificated support personnel" and "certificate support person" mean a certificated employee who provides services to students and holds one or more of the educational staff associate certificates under WAC 181-79A-140(5) and 181-79A-142 (1), (2)(a), (d), and (3).

"Evaluation" shall mean the ongoing process of identifying, gathering and using information to improve professional performance, assess total job effectiveness, and make personnel decisions.

"Evaluation criteria" means minimum evaluation criteria for classroom teachers specified in WAC 392-191A-060, the minimum evaluation criteria for principals specified in WAC 392-191A-150, and the minimum evaluation criteria for certificated support personnel specified in WAC 392-191-020 and 392-191A-210.

"Evidence" means observed practice, products or results of a certificated classroom teacher's or certificated principal's work that demonstrates knowledge and skills of the educator with respect to the four-level rating system.

"Four-level rating system" means the continuum of performance that indicates the extent to which the criteria have been met or exceeded.

"Instructional framework" means one of the approved instructional frameworks adopted by the superintendent of public instruction to support the four-level rating system pursuant to RCW 28A.405.100.

"Leadership framework" means one of the approved leadership frameworks adopted by the superintendent of public instruction to support the four-level rating system pursuant to RCW 28A.405.100.

"Observe" or "observation" means the gathering of evidence made through classroom or worksite visits, or other visits, work samples, or conversations that allow for the gathering of evidence of the performance of assigned duties for the purpose of examining evidence over time against the instructional or leadership framework rubrics pursuant to this section.

"Rubrics" or "rubric row" means the descriptions of practice used to capture evidence and data and classify teaching or leadership performance and student growth using the evaluation criteria and the four-level rating system.

"Scoring band" means the adopted range of scores used to determine the final summative score for a certificated classroom teacher or principal.

"Student growth" means the change in student achievement between two points in time.

"Student growth data" means relevant multiple measures that can include classroom-based, school-based, school district-based, and state-based tools.

"Summative performance ratings" means the four performance levels applied using the four-level rating system: Level 1 - Unsatisfactory; Level 2 - Basic; Level 3 - Proficient; Level 4 - Distinguished.

History

Statutory Authority: RCW 28A.405.100. WSR 22-08-087, § 392-191A-030, filed 4/5/22, effective 5/6/22
WSR 19-19-069, § 392-191A-030, filed 9/17/19, effective 10/18/19
WSR 16-17-028, § 392-191A-030, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-030, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-040 Evaluation requirements.

Local school districts must establish and implement on or before September 1, 2013, an evaluation program consisting of the following:

(1) Evaluation criteria meeting the minimum standards specified in WAC 392-191-010 and 392-191-020;

(2) Evaluation procedures meeting the minimum standards specified in this chapter;

(3) Evaluation criteria and procedures as specified in RCW 28A.405.100.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-040, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-050 Minimum procedural standards—Purposes of evaluation.

The purposes of evaluations of certificated classroom teachers, certificated principals, and assistant principals will be, at a minimum:

(1) To acknowledge the critical importance of teacher and leadership quality in impacting student growth and support professional learning as the underpinning of the new evaluation system.

(2) To identify, in consultation with classroom teachers, principals, and assistant principals, particular areas in which the professional performance is distinguished, proficient, basic or unsatisfactory, and particular areas in which the classroom teacher, principal, or assistant principal needs to improve his/her performance.

(3) To assist classroom teachers and certificated principals and assistant principals, who have identified areas needing improvement, in making those improvements.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-050, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-060 Minimum evaluation criteria—Certificated classroom teachers.

The following are the minimum evaluation criteria and accompanying descriptors for certificated classroom teachers:

(1) Centering instruction on high expectations for student achievement. The related descriptor is: Expectations; the teacher communicates high expectations for student learning.

(2) Demonstrating effective teaching practices. The related descriptor is: Instruction; the teacher uses research-based instructional practices to meet the needs of all students.

(3) Recognizing individual student learning needs and developing strategies to address those needs. The related descriptor is: Differentiation; the teacher acquires and uses specific knowledge about students' cultural, individual, intellectual and social development and uses that knowledge to adjust their practice by employing strategies that advance student learning. Student growth data must be a substantial factor utilizing the OSPI approved student growth rubrics.

(4) Providing clear and intentional focus on subject matter content and curriculum. The related descriptor is: Content knowledge; the teacher uses content area knowledge, learning standards, appropriate pedagogy and resources to design and deliver curricula and instruction to impact student learning.

(5) Fostering and managing a safe, positive learning environment. The related descriptor is: Learning environment; the teacher fosters and manages a safe and inclusive learning environment that takes into account: Physical, emotional, and intellectual well-being of students.

(6) Using multiple student data elements to modify instruction and improve student learning. The related descriptor is: Assessment; the teacher uses multiple data elements (both formative and summative) to plan, inform and adjust instruction, and evaluate student learning. Student growth data must be a substantial factor utilizing the OSPI approved student growth rubrics.

(7) Communicating and collaborating with parents and school community. The related descriptor is: Families and community; the teacher communicates and collaborates with students, families and all educational stakeholders in an ethical and professional manner to promote student learning.

(8) Exhibiting collaborative and collegial practices focused on improving instructional practice and student learning. The related descriptor is: Professional practice; the teacher participates collaboratively in the educational community to improve instruction, advance the knowledge and practice of teaching as a profession, and ultimately impact student learning. Student growth data must be a substantial factor utilizing the OSPI approved student growth rubrics.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-060, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-070 Minimum procedural standards—Frequency of comprehensive evaluation for certificated classroom teachers.

(1) School districts must observe all classroom teachers for the purposes of a comprehensive evaluation at least twice each school year in the performance of their assigned duties. School districts must observe all employees who are subject to a comprehensive evaluation for a period of no less than sixty minutes during each school year.

(2) School districts must observe new employees at least once for a total observation time of thirty minutes during the first ninety calendar days of the new employee's employment period.

(3) School districts must observe employees in the third year of provisional status at least three times in the performance of the employee. The total observation time for the school year must not be less than ninety minutes for such employees.

History

Statutory Authority: RCW 28A.405.100. WSR 16-17-028, § 392-191A-070, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-070, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-080 Minimum procedural standards—Conduct of the comprehensive evaluation for certificated classroom teachers.

The conduct of the evaluation of classroom teachers must include, at a minimum, the following:

(1) All eight teaching criteria must contribute to the overall summative evaluation and must be completed at least once every six years.

(2) The evaluation must include an assessment of the criteria using the instructional framework rubrics and the superintendent of public instruction's approved student growth rubrics. More than one measure of student growth data must be used in scoring the student growth rubrics.

(3) The principal or his/her designee at the school to which the certificated employee is assigned must make observations and written comments pursuant to RCW 28A.405.100.

(4) The opportunity for the employee to attach written comments to his/her evaluation report.

(5) Criterion scores, including instructional and student growth rubrics, must be determined by an analysis of evidence.

(6) An overall summative score shall be derived by a calculation of all criterion scores and determining the final four-level rating based on the superintendent of public instruction's determined summative evaluation scoring band.

(7) Upon completion of the overall summative scoring process, the evaluator will combine only the student growth rubric scores to assess the certificated classroom teacher's student growth impact rating.

(8) The student growth impact rating will be determined by the superintendent of public instruction's student impact rating scoring band.

(9) A student growth score of "1" in any of the rubric rows will result in an overall low student growth impact rating.

(10) Evaluators must analyze the student growth score in light of the overall summative score and determine outcomes.

History

Statutory Authority: RCW 28A.405.100. WSR 19-19-069, § 392-191A-080, filed 9/17/19, effective 10/18/19
WSR 16-17-028, § 392-191A-080, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-080, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-090 Minimum procedural standards—Outcomes of the student growth rating for certificated classroom teachers.

The following outcomes of the student growth impact rating analysis will apply:

(1) Certificated classroom teachers with preliminary rating of distinguished with low student growth rating will receive an overall proficient rating.

(2) Certificated classroom teachers with low student growth rating will engage, with their evaluator, in a student growth inquiry pursuant to WAC 392-191A-100.

(3) Certificated classroom teachers with a preliminary rating of distinguished with average or high student growth rating will receive an overall distinguished rating and will be formally recognized and/or rewarded.

(4) The evaluations of certificated classroom teachers with a preliminary rating of unsatisfactory and high student growth rating will be reviewed by the evaluator's supervisor.

History

Statutory Authority: RCW 28A.405.100. WSR 16-17-028, § 392-191A-090, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-090, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-100 Minimum procedural standards—Conduct of a student growth inquiry for certificated classroom teachers.

Within two months of receiving the low student growth score or at the beginning of the following school year, one or more of the following must be initiated by the evaluator:

• Examine student growth data in conjunction with other evidence including observation, artifacts and other student and teacher information based on appropriate classroom, school, school district and state-based tools and practices;

• Examine extenuating circumstances which may include one or more of the following: Goal setting process; content and expectations; student attendance; extent to which standards, curriculum and assessment are aligned;

• Schedule monthly conferences focused on improving student growth to include one or more of the following topics: Student growth goal revisions, refinement, and progress; best practices related to instruction areas in need of attention; best practices related to student growth data collection and interpretation;

• Create and implement a professional development plan to address student growth areas.

History

Statutory Authority: RCW 28A.405.100. WSR 16-17-028, § 392-191A-100, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-100, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-110 Minimum procedural standards—Frequency of observation for focused evaluation for certificated classroom teachers.

School districts must ensure that all classroom teachers are observed for the purposes of focused evaluation at least twice each school year in the performance of their assigned duties. As appropriate, the evaluation of the certificated classroom teacher may include the observation of duties that occur outside the classroom setting. School districts must ensure that all certificated classroom teachers who are subject to a focused evaluation are observed for a period of no less than sixty minutes during each school year.

History

Statutory Authority: RCW 28A.405.100. WSR 16-17-028, § 392-191A-110, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-110, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-120 Minimum procedural standards—Conduct of the focused evaluation for certificated classroom teachers.

The conduct of the evaluation of classroom teachers must include, at a minimum, the following:

(1) One of the eight criterion for certificated classroom teachers must be assessed in every year that a comprehensive evaluation is not required.

(2) The selected criterion must be approved by the teacher's evaluator and may have been identified in a previous comprehensive summative evaluation as benefiting from additional attention.

(3) The evaluation must include an assessment of the criterion using the instructional framework rubrics and the superintendent of public instruction's approved student growth rubrics. More than one measure of student growth data must be used in scoring the student growth rubrics.

(4) The focused evaluation will include the student growth rubrics of the selected criterion. If criterion 3, 6 or 8 are selected, evaluators will use those student growth rubrics. If criterion 1, 2, 4, 5, or 7 is selected, evaluators will use criterion 3 or 6 student growth rubrics.

(5) A summative score is assigned using the summative score from the most recent comprehensive evaluation. This score becomes the focused summative evaluation score for any of the subsequent years following the comprehensive summative evaluation in which the certificated classroom teacher is placed on a focused evaluation. Should a teacher provide evidence of exemplary practice on the chosen focused criterion, a level 4 (Distinguished) score may be awarded by the evaluator.

(6) Should an evaluator determine that a teacher on a focused evaluation should be moved to a comprehensive evaluation for that school year, the teacher must be informed of this decision in writing at any time on or before December 15th.

(7) Districts shall implement the changes described in subsections (5) and (6) in this section no later than the 2017-18 school year. The district has the option to implement beginning in either the 2016-17 or the 2017-18 school year.

History

Statutory Authority: RCW 28A.405.100. WSR 16-17-028, § 392-191A-120, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-120, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-130 Minimum procedural standards—Procedures to be used in making evaluations for certificated classroom teachers.

The following procedures must be used in making evaluations:

(1) Following each observation, or series of observations, the principal or his/her designee must:

(a) Promptly document the results of the observation in writing; and

(b) Provide the employee with a copy of the written observation report within three days after such report is prepared.

(2) Each classroom teacher will have the opportunity for a minimum of two confidential conferences during each school year with his/her principal or principal's designee either:

(a) Following receipt of the written evaluation results; or

(b) At a time mutually satisfactory to the participants.

(3) The purpose of each such conference will be to provide additional evidence by either the evaluator or certificated classroom teacher to aid in the assessment of the certificated classroom teacher's professional performance against the instructional framework rubrics.

(4) If other evaluators are used, additional procedures may be adopted pursuant to local policy.

History

Statutory Authority: RCW 28A.405.100. WSR 16-17-028, § 392-191A-130, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-130, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-140 Summative performance ratings—Descriptors.

(1) Unsatisfactory: Professional practice at Level 1 shows evidence of not understanding the concepts underlying individual components of the criteria. This level of practice is ineffective and inefficient and may represent practice that is harmful to student learning progress, professional learning environment, or individual teaching or leading practice. This level requires immediate intervention.

(2) Basic: Professional practice at Level 2 shows a developing understanding of the knowledge and skills of the criteria required to practice, but performance is inconsistent over a period of time due to lack of experience, expertise, and/or commitment. This level may be considered minimally competent for teachers or principals early in their careers but insufficient for more experienced teachers or principals. This level requires specific support.

(3) Proficient: Professional practice at Level 3 shows evidence of thorough knowledge of all aspects of the profession. This is successful, accomplished, professional, and effective practice. Teaching and leading at this level utilizes a broad repertoire of strategies and activities to support student learning. At this level, teaching and leading a school are strengthened and expanded through purposeful, collaborative sharing and learning with colleagues as well as ongoing self-reflection and professional improvement.

(4) Distinguished: Professional practice at Level 4 is that of a master professional whose practices operate at a qualitatively different level from those of other professional peers. To achieve this rating, a teacher or principal would need to have received a majority of distinguished ratings on the criterion scores. A teacher or principal at this level must show evidence of average to high impact on student growth. Ongoing, reflective teaching and leading is demonstrated through the highest level of expertise and commitment to all students' learning, challenging professional growth, and collaborative practice.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-140, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-150 Minimum evaluation criteria—Certificated principals and assistant principals.

The following are the minimum evaluation criteria and accompanying descriptors for certificated principals and assistant principals:

(1) Creating a school culture that promotes the ongoing improvement of learning and teaching for students and staff. The related descriptor is: An effective leader advocates, nurtures, and sustains a school culture and instructional program that promote student learning and staff professional growth.

(2) Demonstrating commitment to closing the achievement gap. The related descriptor is: Effective leaders who have a commitment to closing identified gaps in achievement between groups of students, monitor subgroup data and develop and encourage strategies to eliminate those gaps. Student growth data must be a substantial factor utilizing the OSPI approved student growth rubrics.

(3) Providing for school safety. The related descriptor is: An effective leader teams with the school's community to develop routines and expectations that create a physically and emotionally safe learning environment.

(4) Leading the development, implementation and evaluation of a data-driven plan for increasing student achievement, including the use of multiple student data elements. The related descriptor is: Effective leaders rely on data to promote improvement through school improvement plans in all aspects of the school and across all of the eight principal evaluation criteria. Student growth data must be a substantial factor utilizing the OSPI approved student growth rubrics.

(5) Assisting instructional staff with alignment of curriculum, instruction, and assessment with state and local school district learning goals. The related descriptor is: An effective leader assumes responsibility to assist staff with the alignment of their teaching and classroom assessments with the state's learning goals and the school district's curriculum.

(6) Monitoring, assisting, and evaluating effective instruction and assessment practices. The related descriptor is: An effective leader monitors teaching and uses the evaluation process and other strategies to support teachers' efforts to strengthen their teaching and learning in classrooms. Student growth data must be a substantial factor utilizing the OSPI approved student growth rubrics.

(7) Managing both staff and fiscal resources to support student achievement and legal responsibilities. The related descriptor is: An effective leader manages human and fiscal resources in ways that enhance the likelihood that students will thrive and succeed in achieving the school's goals for them.

(8) Partnering with the school community to promote student learning. The related descriptor is: An effective leader engages families and the community in ways that increase the success of students.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-150, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-160 Minimum procedural standards—Conduct of the comprehensive evaluation for certificated principals and assistant principals.

The conduct of the evaluation of principals and assistant principals must include, at a minimum, the following:

(1) All eight principal criteria must contribute to the overall summative evaluation.

(2) The evaluation must include an assessment of the criteria using the leadership framework rubrics and the superintendent of public instruction's approved student growth rubrics. More than one measure of student growth data must be used in scoring the student growth rubrics.

(3) Criterion scores, including leadership and student growth rubrics, must be determined by an analysis of evidence.

(4) An overall summative score shall be derived by a calculation of all summative scores and determining the final four level rating based on the superintendent of public instruction's determined summative evaluation scoring band.

(5) Upon completion of the overall summative scoring process, the evaluator will combine only the student growth rubric scores to assess the certificated principal or assistant principal's student growth impact rating.

(6) The student growth impact rating will be determined by the superintendent of public instruction's student impact rating scoring band.

(7) A student growth score of "1" in any of the rubric rows will result in an overall low student growth impact rating.

(8) Principal and assistant principal evaluations, including a scheduled summative conference with their evaluators, must be held on or prior to June 1st of the school year for which the evaluation is being made.

History

Statutory Authority: RCW 28A.405.100. WSR 23-04-012, § 392-191A-160, filed 1/20/23, effective 8/1/23
WSR 16-17-028, § 392-191A-160, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-160, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-170 Minimum procedural standards—Outcomes of the student growth rating for certificated principals and assistant principals.

The following outcomes of the student growth impact rating analysis will apply:

(1) Certificated principals and assistant principals with preliminary rating of distinguished with low student growth rating will receive an overall proficient rating.

(2) Certificated principals and assistant principals with low student growth rating will engage, with their evaluator, in a student growth inquiry pursuant to WAC 392-191A-180.

(3) Certificated principals and assistant principals with preliminary rating of distinguished with average or high student growth rating will receive an overall distinguished rating and will be formally recognized and/or rewarded.

(4) The evaluations of certificated principals and assistant principals with preliminary rating of unsatisfactory and high student growth rating will be reviewed by the evaluator's supervisor.

History

Statutory Authority: RCW 28A.405.100. WSR 16-17-028, § 392-191A-170, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-170, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-180 Minimum procedural standards—Conduct of a student growth inquiry for certificated principals and assistant principals.

Within two months of receiving the low student growth score or at the beginning of the following school year, one or more of the following must be initiated by the evaluator:

• Examine extenuating circumstances which may include one or more of the following: Goal setting process; content and expectations; attendance; extent to which standards, curriculum and assessment are aligned;

• Create and implement a professional development plan to address student growth areas.

History

Statutory Authority: RCW 28A.405.100. WSR 16-17-028, § 392-191A-180, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-180, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-190 Minimum procedural standards—Conduct of the focused evaluation for certificated principals and assistant principals.

The conduct of the evaluation of principals or assistant principals must include, at a minimum, the following:

(1) One of the eight criterion for certificated principals or assistant principals must be assessed in every year that a comprehensive evaluation is not required.

(2) The selected criterion must be approved by the principal's evaluator and may have been identified in a previous comprehensive summative evaluation as benefiting from additional attention.

(3) The evaluation must include an assessment of the criterion using the leadership framework rubrics and the superintendent of public instruction's approved student growth rubrics. More than one measure of student growth data must be used in scoring the student growth rubrics.

(4) The focused evaluation will include the student growth rubrics selected by the principal or assistant principal and approved by the principal's evaluator. If criterion 3, 5, or 8 is selected, evaluators will use those student growth rubrics. If criterion 1, 2, 4, 6, or 7 is selected, evaluators will use criterion 3, 5, or 8 student growth rubrics.

(5) A summative score is assigned using the summative score from the most recent comprehensive evaluation. This score becomes the focused summative evaluation score for any of the subsequent years following the comprehensive summative evaluation in which the certificated principal or assistant principal is placed on a focused evaluation. Should a principal or assistant principal provide evidence of exemplary practice on the chosen focused criterion, a level 4 (Distinguished) score may be awarded by the evaluator.

(6) Should an evaluator determine that a principal or assistant principal on a focused evaluation should be moved to a comprehensive evaluation for that school year, the principal or assistant principal must be informed of this decision in writing at any time on or before December 15th.

(7) Districts shall implement the changes described in subsections (5) and (6) in this section no later than the 2017-18 school year. A district has the option to implement beginning in either the 2016-17 or the 2017-18 school year.

(8) Principal and assistant principal evaluations, including a scheduled summative conference with their evaluators must be held on or prior to June 1st of the school year for which the evaluation is being made.

History

Statutory Authority: RCW 28A.405.100. WSR 23-04-012, § 392-191A-190, filed 1/20/23, effective 8/1/23
WSR 16-17-028, § 392-191A-190, filed 8/8/16, effective 8/31/16
WSR 13-05-009, § 392-191A-190, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-210 Minimum evaluation criteria—Certificated support personnel.

The following are the minimum criteria for certificated support personnel:

(4) The support person as a professional. Each certificated support person demonstrates awareness of his/her limitations and strengths and demonstrates continued professional growth.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-210, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-220 Minimum procedural standards—Frequency of evaluation for certificated support personnel.

Each school year the frequency of evaluation must be as follows:

(1) All certificated support personnel must be observed for the purposes of evaluation at least twice in the performance of their assigned duties.

(2) New employees must be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period.

(3) An employee in the third year of provisional status must be observed at least three times in the performance of his/her duties and the total observation time for the school year must not be less than ninety minutes.

(4) Total observation time for each employee for each school year must be not less than sixty minutes: Provided, that after an employee has four years of satisfactory evaluations, a school district may use a short form evaluation pursuant to RCW 28A.405.100(11).

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-220, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-230 Minimum procedural standards—Procedures to be used in making evaluations for certificated support personnel.

The following procedures must be used in making evaluations:

(1) The procedures stipulated in RCW 28A.405.100 must be used by principals or their designees conducting evaluations of certificated support personnel.

(2) Following each observation, or series of observations, the principal or his/her designee must promptly document the results of the observation in writing, and must provide the employee with a copy thereof within three days after such report is prepared.

(3) Each certificated support personnel must have the opportunity for a minimum of two confidential conferences during each school year with his/her principal or principal's designee either following receipt of the written observation results, or at a time mutually satisfactory to the participants. The sole purpose of each such conference must be to provide additional information to aid the principal or his/her designee in evaluating the certificated support person (e.g., providing direction, assistance, guidance, encouragement to the employee).

(4) If other evaluators are used, additional procedures may be adopted pursuant to local policy.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-230, filed 2/7/13, effective 3/10/13.

Wash. Admin. Code § 392-191A-240 Minimum procedural standards—Use of evaluation results.

Evaluation results will be used:

(1) To acknowledge, recognize, and encourage excellence in professional performance.

(2) To document the level of performance by an employee of his/her assigned duties.

(3) To identify discrete areas according to the criteria included on the evaluation instrument in which the employee may need improvement.

(4) To document performance by an employee judged unsatisfactory based on the district evaluation criteria.

(5) Beginning with the 2015-16 school year, evaluation results for certificated classroom teachers and principals must be used as one of multiple factors in making human resource decisions.

History

Statutory Authority: RCW 28A.405.100. WSR 13-05-009, § 392-191A-240, filed 2/7/13, effective 3/10/13.

Chapter 392-192 Professional development programs.

Wash. Admin. Code § 392-192-005 Authority.

The authority for these standards is RCW 28A.405.150 which authorizes the superintendent of public instruction to develop minimum procedural standards for evaluation of certificated classroom teachers and certified support personnel conducted pursuant to RCW 28A.405.100.

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-192-005, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.67.225. WSR 90-22-046 (Order 42), § 392-192-005, filed 11/2/90, effective 12/3/90.

Wash. Admin. Code § 392-192-010 Definition of terms.

Professional development programs are a form of personnel evaluation in which the emphasis is on growth and improvement rather than on decisions related to probation, nonrenewal, and discharge.

History

Statutory Authority: RCW 28A.67.225. WSR 90-22-046 (Order 42), § 392-192-010, filed 11/2/90, effective 12/3/90.

Wash. Admin. Code § 392-192-020 Professional growth component—Purpose.

The purpose of this chapter is to establish procedures to be adopted by districts for the professional development of certificated classroom teachers and certificated support personnel. Professional development procedures shall be used:

(1) To encourage employee self-assessment and goal setting;

(2) To provide opportunities for and encourage sharing among teaching and support staff of personal professional experience and expertise;

(3) To aid employees in planning personal professional growth plans;

(4) To provide opportunities for parents, students, and other interested community members to offer meaningful input to their schools through their observations of instructional effectiveness;

(5) To link identified professional needs with appropriate in-service, staff development, and other appropriate professional growth and instructional improvement opportunities.

History

Statutory Authority: RCW 28A.67.225. WSR 90-22-046 (Order 42), § 392-192-020, filed 11/2/90, effective 12/3/90.

Wash. Admin. Code § 392-192-030 Professional growth program.

Local school districts shall adopt a professional growth program for certificated classroom teachers and certificated support personnel as specified in Title 392 WAC unless a collective bargaining agreement provides otherwise.

History

Statutory Authority: RCW 28A.67.225. WSR 90-22-046 (Order 42), § 392-192-030, filed 11/2/90, effective 12/3/90.

Wash. Admin. Code § 392-192-040 Professional growth program—Committee.

Each district shall establish a professional growth committee which shall develop the district's professional growth program in accordance with the procedures in this chapter. The professional growth committee shall include, at a minimum, representatives of the following groups:

(1) Certificated classroom teachers. A minimum of one teacher from the K-8 level and one teacher from the high school level if the local school district provides education services to students K-12.

(2) Certificated support personnel. A minimum of one itinerant staff person, if the school district employs itinerant personnel, and a minimum of one other representative of counseling, assessment, library and/or other certificated support staff, if the school district employs nonitinerant certificated support staff.

(3) Central office administrators. A minimum of one representative.

(4) Building level administrators. A minimum of one administrator from the K-8 level and one administrator from the high school level if the local school district provides education services to students K-12.

(5) Additional persons, if the local school district so desires.

(6) Provided, That the local school district committee established under the In-Service Training Act, RCW 28A.415.040, may be used by the school district as the professional growth committee.

History

Statutory Authority: 1990 c 33. WSR 91-16-011 (Order 91-12), § 392-192-040, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.67.225. WSR 90-22-046 (Order 42), § 392-192-040, filed 11/2/90, effective 12/3/90.

Wash. Admin. Code § 392-192-050 Professional growth program—Sources of information.

One or more of the following sources of information shall be used by certificated classroom teachers and certificated support personnel in developing professional growth plans: (1) Peer review and evaluation, (2) input by parents, (3) input by students, (4) personal and/or professional goals, (5) school district goals, (6) building goals, (7) self-assessment, (8) personal academic records, and (9) school district evaluations.

History

Statutory Authority: RCW 28A.67.225. WSR 90-22-046 (Order 42), § 392-192-050, filed 11/2/90, effective 12/3/90.

Wash. Admin. Code § 392-192-060 Professional growth program—Records.

Materials/records/portfolios expressly developed as a result of the individual's participation in the professional growth program shall be the property of the certified staff member participating in the program and shall not be retained in the employee's personnel file or used by the district in its formal evaluation criteria.

History

Statutory Authority: RCW 28A.67.225. WSR 90-22-046 (Order 42), § 392-192-060, filed 11/2/90, effective 12/3/90.

Wash. Admin. Code § 392-192-070 Professional growth program—Timeline.

Districts shall:

(1) Establish a professional growth committee, pursuant to Title 392 WAC during, if not before, the 1990-91 school year.

(2) Adopt a professional growth program in the school district by the 1992-93 school year.

History

Statutory Authority: RCW 28A.67.225. WSR 90-22-046 (Order 42), § 392-192-070, filed 11/2/90, effective 12/3/90.

Chapter 392-194 School personnel certificate fees.

Wash. Admin. Code § 392-194-001 Purpose and authority.

The purpose of this chapter is to establish the fee for processing educator and paraeducator certificate applications and subsequent actions. The authority for this chapter is RCW 28A.410.062. OSPI will review every two years to assure the fee is at a sufficient level to defray the costs of administering the educator certification program under RCW 28A.300.040(9) and the paraeducator certificate program under chapter 28A.413 RCW.

History

Statutory Authority: RCW 28A.410.062. WSR 21-24-103, § 392-194-001, filed 12/1/21, effective 1/1/22. Statutory Authority: 2011 c 50 and 2011 c 23. WSR 12-03-065, § 392-194-001, filed 1/12/12, effective 2/12/12.

Wash. Admin. Code § 392-194-002 Fee for processing initial educator certificate applications and subsequent actions.

The superintendent of public instruction will charge a nonrefundable fee of $51 for processing any certificate application or requests for administrative action which results in the issuance, renewal, or reissuance of a permit or certificate in accordance with chapters 28A.410 and 28A.413 RCW.

(1) Educator certificates issued under chapter 181-79A WAC will be charged a fee of $51 for processing educator certificates and subsequent actions. As of January 2, 2030, the superintendent of public instruction will charge a late fee of $35 for any renewal application or request for administrative action submitted after the applicant's renewal application submission deadline. Applicants applying to reinstate a certificate will not be charged a late fee.

(2) Paraeducator certificates issued under Title 179 WAC will be charged a fee of $39 for processing paraeducator certificates and subsequent actions.

History

Statutory Authority: RCW 28A.410.062. WSR 25-03-085, s 392-194-002, filed 1/16/25, effective 2/16/25
WSR 21-24-103, § 392-194-002, filed 12/1/21, effective 1/1/22
WSR 15-16-077, § 392-194-002, filed 7/31/15, effective 8/31/15. Statutory Authority: 2011 c 50 and 2011 c 23. WSR 12-03-065, § 392-194-002, filed 1/12/12, effective 2/12/12.

Chapter 392-195 School personnel—In-service training program.

Wash. Admin. Code § 392-195-003 Authority.

The authority for this chapter is RCW 28A.415.040 which authorizes the superintendent of public instruction to adopt rules and regulations for the allocation of funds to common school districts and educational service districts for in-service training programs for certificated and classified personnel.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-195-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.71.210. WSR 84-20-084 (Order 84-44), § 392-195-003, filed 10/2/84.

Wash. Admin. Code § 392-195-005 Purpose.

The purpose of this chapter is to set forth policies and procedures for the allocation of state funds to school districts and educational service districts for in-service training programs.

History

Statutory Authority: RCW 28A.71.210. WSR 84-20-084 (Order 84-44), § 392-195-005, filed 10/2/84
WSR 78-09-115 (Order 78-7), § 392-195-005, filed 9/6/78.

Wash. Admin. Code § 392-195-010 Definitions.

As used in this chapter:

(1) "Applicants" shall mean common school districts and educational service districts.

(2) "In-service training" shall mean a cooperatively planned program of training for job-related activities designed to increase the competencies of common school certificated and classified employees in the performance of their assigned responsibilities.

(3) "Needs assessment" shall mean a systematic study to determine strengths and weaknesses of certificated and classified personnel related to the educational needs of the community and students to be served.

(4) "Funds" shall mean those funds appropriated by the legislature and available for the conduct and evaluation of in-service training programs.

History

Statutory Authority: RCW 28A.71.210. WSR 88-03-006 (Order 88-5), § 392-195-010, filed 1/8/88
WSR 84-20-084 (Order 84-44), § 392-195-010, filed 10/2/84
WSR 78-09-115 (Order 78-7), § 392-195-010, filed 9/6/78.

Wash. Admin. Code § 392-195-015 Application to SPI for funding.

Applicants shall request funds from the superintendent of public instruction in accordance with the provisions set forth below:

(1) Applicants shall conduct a needs assessment.

(2) The board of an applicant shall appoint an advisory in-service training task force of members comprised of representatives from administrators, building principals, teachers, classified and support personnel employed by the applicant, an institution of higher education, and the general public in such numbers as shall be established by the applicant board of directors.

(3) The applicant shall establish written goals and objectives, identify training activities relevant thereto and design evaluation procedures and criteria which assess the degree and level of attainment of the goals and objectives.

(4) The task force shall participate in identifying the in-service training needs and goals pursuant to this chapter and suggest changes, if any, in direction, focus, or evaluation methods. No application will be accepted which is not approved by a majority vote of the task force.

(5) Nonpublic school personnel may be invited to participate in continuing professional development activities by the applicant.

(6) The applicant shall demonstrate with a signed statement of assurance to the superintendent of public instruction its intention to implement the recommendations of the needs assessment.

(7) Funds shall supplement, not supplant, the existing staff development and in-service activities of an applicant.

History

Statutory Authority: RCW 28A.71.210. WSR 88-03-006 (Order 88-5), § 392-195-015, filed 1/8/88
WSR 84-20-084 (Order 84-44), § 392-195-015, filed 10/2/84
WSR 79-12-007 (Order 11-79), § 392-195-015, filed 11/9/79
WSR 78-09-115 (Order 78-7), § 392-195-015, filed 9/6/78.

Wash. Admin. Code § 392-195-020 Allocation of funds by SPI.

The superintendent of public instruction shall evaluate each application approved by the applicant's task force and award funds to those programs which he or she deems to be in the best interest of the public school system. Consideration shall be given to:

(1) The potential of the proposed training activities for accomplishing the stated objectives;

(2) The extent to which the objectives are clearly defined and stated; and

(3) The appropriateness of the evaluation design.

History

Statutory Authority: RCW 28A.71.210. WSR 84-20-084 (Order 84-44), § 392-195-020, filed 10/2/84
WSR 78-09-115 (Order 78-7), § 392-195-020, filed 9/6/78.

Wash. Admin. Code § 392-195-025 Program reports to SPI.

Grantees shall report the results of their programs to the superintendent of public instruction. A financial report that sets forth the objects of expenditure, such as released time, contractual services, materials and supplies, and travel shall also be submitted to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.71.210. WSR 84-20-084 (Order 84-44), § 392-195-025, filed 10/2/84
WSR 78-09-115 (Order 78-7), § 392-195-025, filed 9/6/78.

Chapter 392-198 Training—School employees—Blood-borne pathogens.

Wash. Admin. Code § 392-198-005 Authority.

The authority for this chapter is RCW 70.24.290 which requires the superintendent of public instruction to adopt rules mandating appropriate education and training for public school employees on the transmission, prevention, and treatment of diseases caused by blood-borne pathogens as defined by RCW 70.24.017(1). The superintendent of public instruction is further required to develop the course content and educational material necessary in consultation with the department of health. OSPI is adopting rules from chapter 296-823 WAC unless otherwise provided here.

History

Statutory Authority: RCW 70.24.290. WSR 22-08-089, § 392-198-005, filed 4/5/22, effective 5/6/22
WSR 91-18-006 (Order 91-16), § 392-198-005, filed 8/23/91, effective 9/23/91.

Wash. Admin. Code § 392-198-010 Purpose.

The purpose of this chapter is to provide public school districts with the mandatory course content requirements for training school district employees regarding the transmission, prevention, and treatment of diseases caused by blood-borne pathogens.

History

Statutory Authority: RCW 70.24.290. WSR 22-08-089, § 392-198-010, filed 4/5/22, effective 5/6/22
WSR 91-18-006 (Order 91-16), § 392-198-010, filed 8/23/91, effective 9/23/91.

Wash. Admin. Code § 392-198-015 Course content requirements for blood-borne pathogen inservice training—Mandatory.

In accordance with RCW 70.24.290, the blood-borne pathogen training provided by public school districts must include the elements outlined in WAC 296-823-12005 with an emphasis on basic, essential skills such as handwashing and use of personal protective equipment.

History

Statutory Authority: RCW 70.24.290. WSR 22-08-089, § 392-198-015, filed 4/5/22, effective 5/6/22
WSR 91-18-006 (Order 91-16), § 392-198-015, filed 8/23/91, effective 9/23/91.

Wash. Admin. Code § 392-198-030 New employee training.

Each school district must ensure that newly hired school district employees receive the blood-borne pathogens training prescribed in WAC 392-198-015 prior to assigning tasks where occupational exposure might occur and at least annually and within one year of the previous training, in alignment with WAC 296-823-12005.

History

Statutory Authority: RCW 70.24.290. WSR 22-08-089, § 392-198-030, filed 4/5/22, effective 5/6/22
WSR 91-18-006 (Order 91-16), § 392-198-030, filed 8/23/91, effective 9/23/91.

Chapter 392-202 School personnel—Excellence in education awards.

Wash. Admin. Code § 392-202-003 Authority.

The authority for this chapter is RCW 28A.625.050 which authorizes the superintendent of public instruction to adopt rules relating to administration of a Washington award for excellence in education for teachers, principals, administrators, superintendents, school boards, and classified staff.

History

Statutory Authority: RCW 28A.625.050. WSR 91-03-119 (Order 91-03), § 392-202-003, filed 1/23/91, effective 2/23/91. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-202-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.03.532. WSR 89-19-032 (Order 14), § 392-202-003, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-003, filed 11/5/87.

Wash. Admin. Code § 392-202-005 Purpose.

The purpose of this chapter is to set forth policies, selection, criteria, and administrative procedures for establishing an annual Washington award for excellence in education to teachers, principals, administrators, superintendents, school boards, and classified staff.

History

Statutory Authority: RCW 28A.03.532. WSR 90-19-041 (Order 29), § 392-202-005, filed 9/13/90, effective 10/14/90
WSR 89-19-032 (Order 14), § 392-202-005, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-005, filed 11/5/87.

Wash. Admin. Code § 392-202-010 Teacher—Definition.

As used in this chapter, the term "teacher" means one of the following:

(1) A person certified under chapter 180-75 WAC; or

(2) An educational staff associate certified under chapter 180-75 WAC.

History

Statutory Authority: RCW 28A.03.532. WSR 89-19-032 (Order 14), § 392-202-010, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-010, filed 11/5/87.

Wash. Admin. Code § 392-202-015 Principal/administrator—Definition.

As used in this chapter, the term "principal/administrator" means one of the following:

(1) A person certified under chapter 180-75 WAC; or

(2) A person with supervisory responsibilities at the school building/central office level.

History

Statutory Authority: RCW 28A.03.532. WSR 89-19-032 (Order 14), § 392-202-015, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-015, filed 11/5/87.

Wash. Admin. Code § 392-202-020 Superintendent—Definition.

As used in this chapter, the term "superintendent" means the chief school district administrator.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-020, filed 11/5/87.

Wash. Admin. Code § 392-202-025 School board—Definition.

As used in this chapter, the term "school board" means the governing board of directors of a local school district.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-025, filed 11/5/87.

Wash. Admin. Code § 392-202-027 Classified staff—Definition.

Reserved.

History

Statutory Authority: RCW 28A.03.532. WSR 90-19-041 (Order 29), § 392-202-027, filed 9/13/90, effective 10/14/90.

Wash. Admin. Code § 392-202-030 Congressional district—Definition.

As used in this chapter, the term "congressional district" means the eight United States congressional districts in the state of Washington.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-030, filed 11/5/87.

Wash. Admin. Code § 392-202-035 Elementary level—Definition.

As used in this chapter, the term "elementary level" means grades K-6: Provided, That in districts with middle schools beginning at grades 5 or 6, grades K-4 or 5 shall be considered elementary.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-035, filed 11/5/87.

Wash. Admin. Code § 392-202-040 Junior high level—Definition.

As used in this chapter, the term "junior high level" means grades 7-9: Provided, That it may mean grades 7 and 8 in a school district where high school encompasses grades 9-12, or grades 8 and 9 in a district which chooses to include grade seven in a middle school.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-040, filed 11/5/87.

Wash. Admin. Code § 392-202-045 Middle school level—Definition.

As used in this chapter, the term "middle school level" means grades 5 or 6 through grade 8 in a district operating with a middle school rather than junior high configuration.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-045, filed 11/5/87.

Wash. Admin. Code § 392-202-050 Secondary level—Definition.

As used in this chapter, the term "secondary level" means grades 10-12: Provided, That if a building houses grades 7, 8, and/or 9, those grades may also be included, depending on the grade configuration served in a particular school building.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-050, filed 11/5/87.

Wash. Admin. Code § 392-202-055 Educational grant—Definition.

As used in this chapter, the term "educational grant" means an amount not exceeding one thousand dollars for individuals or two thousand five hundred dollars for a school board which shall be awarded by the superintendent of public instruction upon receipt of a grant application identifying the educational purpose for which the grant will be used, submitted pursuant to WAC 392-202-115, 392-202-125, and 392-202-135.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-055, filed 11/5/87.

Wash. Admin. Code § 392-202-060 Educational purpose—Definition.

As used in this chapter, the term "educational purpose" means for education to benefit the recipient of the educational grant award or for educational activities or materials to benefit other educators or children.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-060, filed 11/5/87.

Wash. Admin. Code § 392-202-065 One full academic year.

As used in this chapter, the term "one full academic year" means forty-five quarter or thirty semester hours of study at any state institution of higher education.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-065, filed 11/5/87.

Wash. Admin. Code § 392-202-070 Selection of recipients—Annual recognition.

Annual recognition criteria are as follows:

(1) Five teachers from each congressional district of the state. One individual must be an elementary teacher, one must be a junior high or middle school level teacher, and one must be a secondary teacher;

(2) Five principals or administrators from each congressional district of the state;

(3) One school district superintendent from the state;

(4) One school district board of directors from the state; and

(5) Three classified staff from each congressional district of the state.

Not more than five teachers, five principals or administrators, and three classified staff from each congressional district and one superintendent and one school board from the state may be recognized and receive awards in any school year.

History

Statutory Authority: RCW 28A.03.532. WSR 90-19-041 (Order 29), § 392-202-070, filed 9/13/90, effective 10/14/90
WSR 89-19-032 (Order 14), § 392-202-070, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-070, filed 11/5/87.

Wash. Admin. Code § 392-202-075 Selection of recipients—Nomination.

Nomination of persons shall be as follows:

(1) Any person may nominate a classified staff member, teacher, principal, administrator, superintendent, or school board for the award by submitting the form provided by the superintendent of public instruction for that purpose. The nomination form and information about the awards program shall be disseminated to the public, to educators, and to members of professional education associations through newsletters, bulletins, and other media which the superintendent of public instruction may deem appropriate.

(2) The nomination form shall include at a minimum:

(a) The name of the person/board nominated.

(b) The school building/district name and address where the person works.

(d) The grade level and category, where appropriate, for which the nomination is made.

(e) The address to which the form should be returned and the date by which it must be received.

History

Statutory Authority: RCW 28A.03.532. WSR 90-19-041 (Order 29), § 392-202-075, filed 9/13/90, effective 10/14/90
WSR 89-19-032 (Order 14), § 392-202-075, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-075, filed 11/5/87.

Wash. Admin. Code § 392-202-080 Selection of recipients—Application.

Selection of recipients shall require submission of an application as follows:

(1) Candidates nominated on forms provided by and returned to the superintendent of public instruction shall receive an application form from the superintendent of public instruction to be completed and returned if the candidate wishes to be considered for the award. The application shall be adapted to each category of award, — i.e., classified staff member, teacher, principal, or administrator, superintendent, and school board, — and shall require that the candidate provide evidence of leadership in, and contributions and commitment to educational excellence.

(2) Classified staff member applications shall include recommendations from a building administrator, teacher, and a student or parent/guardian.

(3) Teacher award applications shall include recommendations from a superintendent, a community member, and a student or parent/guardian.

(4) Principal or administrator award applications shall include recommendations from a member of the staff in his or her building, a superintendent, and a student or parent or guardian.

(5) Superintendent award applications shall include recommendations from a community representative, chair of the school board, and a member of the school district staff.

(6) School board award applications shall include recommendations from the local education association president, the superintendent, and a representative of a parent support group.

History

Statutory Authority: RCW 28A.03.532. WSR 90-19-041 (Order 29), § 392-202-080, filed 9/13/90, effective 10/14/90
WSR 89-19-032 (Order 14), § 392-202-080, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-080, filed 11/5/87.

Wash. Admin. Code § 392-202-085 Selection of recipients—Review committee.

Recipients shall be selected as follows:

(1) A committee composed of eighteen members representative of the eight congressional districts shall be appointed by the superintendent of public instruction to review applications and select the recipients for each category, grade level and congressional district using the criteria established in WAC 392-202-090. Committee members shall be:

(a) Six teachers, including representatives.

(b) Three principals or administrators including representatives of elementary, middle school or junior high, and senior high school.

(d) Three school board members.

(e) Three currently active members of parent-teacher-student organizations.

(2) Prior to receipt of applications pursuant to WAC 392-202-080, the review committee shall establish a final selection procedure consistent with this chapter that is fair, timely and provides for breaking ties in a predetermined, objective manner.

(3) Recipients shall be selected and awards presented no later than June 1 of each year.

History

Statutory Authority: RCW 28A.03.532. WSR 89-19-032 (Order 14), § 392-202-085, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-085, filed 11/5/87.

Wash. Admin. Code § 392-202-087 Selection criteria—Classified staff members.

The three broad criteria of leadership, commitment, and contribution to excellence shall be adapted to classified staff as follows:

(1) Leadership among classified staff and with students or community;

(2) Commitment evidenced by special efforts to foster student success;

(3) Contributions to the staff, school, or community.

History

Statutory Authority: RCW 28A.03.532. WSR 90-19-041 (Order 29), § 392-202-087, filed 9/13/90, effective 10/14/90.

Wash. Admin. Code § 392-202-090 Selection criteria—Teachers.

The three broad criteria of leadership, commitment, and contribution to educational excellence shall be adapted to teachers as follows:

The Christa McAuliffe Award for teachers shall require:

(1) Leadership among professional colleagues and with students or the community;

(2) Commitment evidenced by special efforts to foster student morale or achievement and to improve personal effectiveness as an educator;

(3) Contributions to the field such as education-related methods, materials, or programs and unusually great contributions to the education of some students.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-090, filed 11/5/87.

Wash. Admin. Code § 392-202-095 Selection criteria—Principals or administrators.

The three broad criteria of leadership, commitment, and contribution to educational excellence shall be adapted to principals as follows:

The Excellence in Education Award to principals shall require:

(1) Leadership evidenced by clear understanding of the wishes and needs of building staff, students, and community, and by fostering the progress of the school's educational program;

(2) Commitment evidenced by recent efforts to increase personal and professional effectiveness and to promote educational excellence in the community, state or nation; and

(3) Contributions such as curriculum development within the school and significant staff achievements fostered by the principal's or administrator's leadership.

History

Statutory Authority: RCW 28A.03.532. WSR 89-19-032 (Order 14), § 392-202-095, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-095, filed 11/5/87.

Wash. Admin. Code § 392-202-100 Selection criteria—Superintendent.

The three broad criteria of leadership, commitment, and contribution to educational excellence shall be adapted to a superintendent as follows:

The Excellence in Education Award to a superintendent shall require:

(1) Leadership in board implementation of community wishes or community acceptance of educational improvements, and enhancement of employee effectiveness in implementing the wishes of the board and community;

(2) Commitment evidenced by special effort(s) to carry out wishes of the board and promote educational excellence; and

(3) Contributions such as new programs or developments initiated and brought to fruition within the district and efforts that have demonstrably and substantially enhanced the attitude toward schools or the professional growth of educators.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-100, filed 11/5/87.

Wash. Admin. Code § 392-202-105 Selection criteria—School board.

The three broad criteria of leadership, commitment, and contribution to educational excellence shall be adapted to a school board as follows:

The Excellence in Education Award to a school board shall require:

(1) Leadership evidenced by board philosophy and goals which reflect the community's wishes and assurance that district employees know, understand, and implement that philosophy;

(2) Commitment evidenced by special efforts to access community input and provide interpretation of the board's actions and to maintain current knowledge of educational developments and implement appropriate innovations; and

(3) Contributions such as mechanisms to assure community interaction and teamwork and to promote maximum professional development by district employees.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-105, filed 11/5/87.

Wash. Admin. Code § 392-202-110 Awards for teachers, principals, administrators, and classified staff.

The award for educational excellence for teachers, classified employees, and principals or administrators shall include:

(1) A certificate presented by the governor and superintendent of public instruction in public ceremony(ies); and

(2) The recipient shall receive a recognition award of at least two thousand five hundred dollars.

History

Statutory Authority: RCW 28A.03.532. WSR 94-20-008 (Order 94-12), § 392-202-110, filed 9/22/94, effective 10/23/94. Statutory Authority: RCW 28A.625.050. WSR 93-19-121 (Order 93-16), § 392-202-110, filed 9/21/93, effective 10/22/93
WSR 93-08-005 (Order 93-02), § 392-202-110, filed 3/24/93, effective 4/24/93. Statutory Authority: RCW 28A.03.532. WSR 89-19-032 (Order 14), § 392-202-110, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-110, filed 11/5/87.

Wash. Admin. Code § 392-202-113 Award for classified staff.

The award for educational excellence for classified staff shall include a certificate presented by the governor and superintendent of public instruction in public ceremony(ies).

History

Statutory Authority: RCW 28A.03.532. WSR 90-19-041 (Order 29), § 392-202-113, filed 9/13/90, effective 10/14/90.

Wash. Admin. Code § 392-202-115 Notification and application for award—Teachers and principals/administrators.

(1) The superintendent of public instruction shall notify the recipients that an election must be made in a timely fashion, including appropriate forms for making the election; and recipients shall notify the superintendent of public instruction in writing within one year of receipt of the award of the option they have chosen.

(2) Recipients shall apply for the educational grant within one year after receipt of the award and shall expend the funds provided under the grant within one year after submission of the application.

(3) Recipients choosing waiver after January 1989 shall apply for the waiver and stipend within one year after receipt of the award and shall expend the funds provided under the waiver and stipend within three years after the receipt of the award.

History

Statutory Authority: RCW 28A.03.532. WSR 89-19-032 (Order 14), § 392-202-115, filed 9/14/89, effective 10/15/89
WSR 87-23-005 (Order 87-15), § 392-202-115, filed 11/5/87.

Wash. Admin. Code § 392-202-120 Award for superintendent.

The awards for superintendent shall include:

(1) A certificate presented by the superintendent of public instruction and the governor at a public ceremony(ies); and

(2) The amount of the recognition award shall be at least one thousand dollars for superintendents employed in first class school districts. The award for superintendents employed in second class school districts shall be at least two thousand five hundred dollars.

History

Statutory Authority: RCW 28A.03.532. WSR 94-20-008 (Order 94-12), § 392-202-120, filed 9/22/94, effective 10/23/94
WSR 87-23-005 (Order 87-15), § 392-202-120, filed 11/5/87.

Wash. Admin. Code § 392-202-125 Application—Superintendent.

The superintendent shall submit a written application to the superintendent of public instruction within one year of receiving the award and shall expend the funds provided under the grant within one year after submission of the application. Such application shall include the educational purpose(s) toward which the grant shall be used.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-125, filed 11/5/87.

Wash. Admin. Code § 392-202-130 Award for school board.

The awards for school boards shall include:

(1) A certificate presented by the superintendent of public instruction and the governor at a public ceremony(ies); and

(2) A grant not to exceed two thousand five hundred dollars, which shall be used for educational purposes.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-130, filed 11/5/87.

Wash. Admin. Code § 392-202-135 Application—School board.

The school board shall submit a written application to the superintendent of public instruction within one year of receiving the award and shall expend the funds provided under the grant within one year after submission of the application. Such application shall include the educational purpose(s) toward which the grant shall be used.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-135, filed 11/5/87.

Wash. Admin. Code § 392-202-140 Expenditure period for educational grants.

Educational grants to any award recipient shall be expended within the current and ensuing year in which they are issued: Provided, That such grant funds shall not be carried over from one biennium to a subsequent biennium.

History

Statutory Authority: RCW 28A.03.532. WSR 87-23-005 (Order 87-15), § 392-202-140, filed 11/5/87.

Chapter 392-204 Library media centers.

Wash. Admin. Code § 392-204-005 Purpose and authority.

(1) The purpose of this chapter is to identify quality criteria for school library information and technology programs, as may be established locally, that support the attainment of the state's learning goals.

(2) The authority for this chapter is RCW 28A.320.240.

History

Statutory Authority: RCW 28A.320.240. WSR 16-01-059, § 392-204-005, filed 12/11/15, effective 1/11/16. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-204-005, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.320.240. WSR 05-08-013, § 180-46-005, filed 3/28/05, effective 4/28/05
WSR 92-24-025, § 180-46-005, filed 11/24/92, effective 12/25/92. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-46-005, filed 8/6/90, effective 9/6/90
Order 1-76, § 180-46-005, filed 2/3/76
Order 15-75, § 180-46-005, filed 12/11/75.

Wash. Admin. Code § 392-204-009 Definitions.

(1) "Teacher-librarian" means a certificated teacher with a library media endorsement under WAC 181-82A-202 (1)(i), 181-82-344, or 181-82-346.

(2) "School library information and technology program" means a school-based program that is staffed by a certificated teacher-librarian.

History

Statutory Authority: RCW 28A.320.240. WSR 16-01-059, § 392-204-009, filed 12/11/15, effective 1/11/16
WSR 07-04-050, § 392-204-009, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-204-009, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.320.240. WSR 05-08-013, § 180-46-009, filed 3/28/05, effective 4/28/05.

Wash. Admin. Code § 392-204-020 School library information and technology program.

The school library information and technology program is to include resources that promote a positive impact on student learning, such as a variety of resources for reading advocacy, student communication skills, electronic and print information, and resources that support student mastery of the essential academic learning requirements in all subject areas and the implementation of the district's school improvement plan, consistent with the goals for Washington common schools, as adopted by the state board of education.

History

Statutory Authority: RCW 28A.320.240. WSR 16-01-059, § 392-204-020, filed 12/11/15, effective 1/11/16. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-204-020, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.320.240. WSR 05-08-013, § 180-46-020, filed 3/28/05, effective 4/28/05
WSR 92-24-025, § 180-46-020, filed 11/24/92, effective 12/25/92
Order 15-75, § 180-46-020, filed 12/11/75.

Wash. Admin. Code § 392-204-025 Services.

(1) The teacher-librarian, through the school library information and technology program, shall collaborate as an instructional partner and informational specialist with classroom teachers to develop students' information and technology skills, help all students meet the content goals in all subject areas, and assist high school students completing the culminating project and high school and beyond plans required for graduation under WAC 180-51-061.

(2) The teacher-librarian's duties may include, but are not limited to, collaborating with his or her schools to:

(a) Integrate information and technology into curriculum and instruction including, but not limited to, instructing other certificated staff about using and integrating information and technology literacy into instruction through workshops, modeling lessons, and individual peer coaching;

(b) Provide information management instruction to students and staff about how to effectively use emerging learning technologies for school and lifelong learning, as well as in the appropriate use of computers and mobile devices in an educational setting;

(c) Help teachers and students efficiently and effectively access the highest quality information available while using information ethically;

(d) Instruct students in digital citizenship, including how to be critical consumers of information and provide guidance about thoughtful and strategic use of online resources; and

(e) Create a culture of reading in the school community, by developing a diverse, student-focused collection of materials that ensures all students can find something of quality to read and by facilitating school-wide reading initiatives along with providing individual support and guidance for students.

History

Statutory Authority: RCW 28A.320.240. WSR 16-01-059, § 392-204-025, filed 12/11/15, effective 1/11/16. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-204-025, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.320.240. WSR 05-08-013, § 180-46-025, filed 3/28/05, effective 4/28/05
WSR 92-24-025, § 180-46-025, filed 11/24/92, effective 12/25/92
Order 15-75, § 180-46-025, filed 12/11/75.

Chapter 392-210 Student testing and evaluation—Washington state honors award program.

Wash. Admin. Code § 392-210-005 Authority.

The authority for this chapter is RCW 28A.600.070 which authorizes the superintendent of public instruction to develop rules and regulations for the establishment and administration of the Washington state honors award program.

History

Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-210-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.03.044 [28A.03.444]. WSR 86-15-051 (Order 86-9), § 392-210-005, filed 7/18/86. Statutory Authority: Chapter 28A.03 RCW. WSR 86-01-018 (Order 85-13), § 392-210-005, filed 12/9/85.

Wash. Admin. Code § 392-210-010 Purpose.

The purpose of this chapter is to set forth the policies and procedures for the administration of the Washington state honors award program.

History

Statutory Authority: Chapter 28A.03 RCW. WSR 86-01-018 (Order 85-13), § 392-210-010, filed 12/9/85.

Wash. Admin. Code § 392-210-015 Criteria for the selection of Washington state honors award students.

The Washington state honors award program shall recognize the top ten percent of the students in the state in each year's public and private high school graduating class who have demonstrated outstanding academic achievement. Outstanding academic achievement shall be determined by the following criteria:

(1) The office of superintendent of public instruction shall identify the top 10 percent of students in the state using the cumulative high school grade point average (calculated as provided in WAC 180-57-055) including, but not limited to, the academic core subjects of English, mathematics, science, social studies, the arts, and languages other than English which may include American Indian languages;

(2) For students with a grade point average (GPA) in the top 10 percent in the state, high schools shall use at least one of the assessments available for students, which can include the Scholastic Aptitude Test (SAT), the American College Test (ACT), the statewide English language arts and mathematics assessments, or local assessments to evaluate students' academic achievement;

(3) Completion of at least 75 percent of the graduation requirements for the high school in which the candidate is enrolled; and

(4) Enrollment in at least three academic core subjects in grade 12.

History

Statutory Authority: RCW 28A.600.070. WSR 22-24-031, § 392-210-015, filed 11/30/22, effective 12/31/22
WSR 06-23-014, § 392-210-015, filed 11/3/06, effective 12/4/06. Statutory Authority: RCW 28A.150.220. WSR 93-23-038 (Order 93-24), § 392-210-015, filed 11/10/93, effective 12/11/93. Statutory Authority: Chapter 28A.03 RCW. WSR 86-01-018 (Order 85-13), § 392-210-015, filed 12/9/85.

Wash. Admin. Code § 392-210-020 Identification of students for the Washington state honors award.

All participating high schools shall use the eligibility criteria to identify the qualifying students for the award on or before the date provided by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.600.070. WSR 22-24-031, § 392-210-020, filed 11/30/22, effective 12/31/22
WSR 06-23-014, § 392-210-020, filed 11/3/06, effective 12/4/06. Statutory Authority: Chapter 28A.03 RCW. WSR 86-01-018 (Order 85-13), § 392-210-020, filed 12/9/85.

Wash. Admin. Code § 392-210-035 Notification of students eligible for honors award.

Commencing with the ninth grade, and each year thereafter, each participating high school shall provide each enrolled student with a copy of the eligibility criteria for the Washington state honors award.

History

Statutory Authority: RCW 28A.600.070. WSR 22-24-031, § 392-210-035, filed 11/30/22, effective 12/31/22
WSR 06-23-014, § 392-210-035, filed 11/3/06, effective 12/4/06. Statutory Authority: Chapter 28A.03 RCW. WSR 86-01-018 (Order 85-13), § 392-210-035, filed 12/9/85.

Wash. Admin. Code § 392-210-045 Washington honors award certificate.

The superintendent of public instruction shall prepare annually for each honors award recipient a suitable certificate which shall describe the purposes of the award, indicate the year in which the award was given, and be signed by the superintendent of public instruction. The certificate for each honors award recipient shall be delivered to the participating high school principal on or before May 30 of each school year.

History

Statutory Authority: RCW 28A.600.070. WSR 22-24-031, § 392-210-045, filed 11/30/22, effective 12/31/22
WSR 06-23-014, § 392-210-045, filed 11/3/06, effective 12/4/06. Statutory Authority: Chapter 28A.03 RCW. WSR 86-01-018 (Order 85-13), § 392-210-045, filed 12/9/85.

Wash. Admin. Code § 392-210-050 Notification to local business and community representatives.

The principal of each participating school shall encourage local businesses and community organizations to recognize the accomplishments of the Washington honors award recipients.

History

Statutory Authority: Chapter 28A.03 RCW. WSR 86-01-018 (Order 85-13), § 392-210-050, filed 12/9/85.

Chapter 392-300 Fingerprint record checks—Access to records—Privacy.

Wash. Admin. Code § 392-300-001 Purpose.

Rules and regulations hereinafter set forth are established pursuant to RCW 28A.400.303, 28A.400.306, 28A.410.010 and chapter 126, Laws of 1996, SSB 6272, for the purpose of setting forth practices and procedures relating to access and review of record check information and databases.

History

Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-001, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-005 Definition—Record check information.

As used in this chapter, "record check information" includes any record of arrest and prosecution (RAP sheet) provided by the Washington state patrol and/or the Federal Bureau of Investigation and any other information obtained by the superintendent of public instruction or designee as a result of the investigation of any data contained in RAP sheets.

History

Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-005, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-010 Definition—Record check database.

As used in this chapter, "record check database" means the electronic database or printed copy equivalent maintained by the superintendent of public instruction or designee that contains:

(1) The names and other identifiable information of individuals checked under RCW 28A.195.080, 28A.400.303 and 28A.410.090; and

(2) Whether there is any record of arrest and prosecution for the individual.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-010, filed 1/12/18, effective 2/12/18. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-010, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-015 Definition—District employee.

As used in this chapter, "district employee" shall mean any individual currently employed by or being considered for employment by a school district, a school district contractor, the Washington state center for childhood deafness and hearing loss, the state school for the blind, an educational service district, educational service district contractor, charter school established under chapter 28A.710 RCW, school that is subject of a state tribal education compact under chapter 28A.715 RCW, or a Bureau of Indian Affairs funded school.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-015, filed 1/12/18, effective 2/12/18. Statutory Authority: RCW 28A.400.303, 28A.410.090. WSR 07-19-012, § 392-300-015, filed 9/7/07, effective 10/8/07. Statutory Authority: RCW 28A.150.290(1). WSR 02-06-044, § 392-300-015, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-015, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-020 Definition—Applicant.

As used in this chapter, "applicant" means any individual who is applying for an educational certificate or employment under the rules and regulations of the superintendent of public instruction or the state board of education.

History

Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-020, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-022 Definition—Volunteer.

As used in this chapter, "volunteer" means an individual not employed by a school district, educational service district, the Washington state center for childhood deafness and hearing loss, the state school for the blind, charter schools established under chapter 28A.710 RCW, school that is subject of state tribal education compact under chapter 28A.715 RCW, Bureau of Indian Affairs funded school, approved private schools, and their contractors who will have regularly scheduled unsupervised access to children under eighteen years of age or developmentally disabled persons, during the course of his or her involvement with the school or organization under circumstances where access will or may involve the following:

(1) Groups of five or fewer children under twelve years of age;

(2) Groups of three or fewer children between twelve and eighteen years of age; or

(3) Developmentally disabled persons.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-022, filed 1/12/18, effective 2/12/18.

Wash. Admin. Code § 392-300-024 Fees for record checks.

The cost of record checks must include: The fee established by the Washington state patrol and the Federal Bureau of Investigation for the criminal history background checks; a fee paid to the superintendent of public instruction for the cost of processing the criminal history background checks.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-024, filed 1/12/18, effective 2/12/18.

Wash. Admin. Code § 392-300-025 Access to record check information by district employee, applicant, or volunteer.

All district employees, applicants, and volunteers shall have access to record check information about them maintained by the superintendent of public instruction or designee. Any additional information collected by the superintendent of public instruction or designee as a result of the investigation of any data shall be available for inspection and copying by the district employee, applicant, or volunteer to whom it pertains during normal office hours in the office where the information is located.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-025, filed 1/12/18, effective 2/12/18. Statutory Authority: RCW 28A.400.303. WSR 10-17-059, § 392-300-025, filed 8/12/10, effective 9/12/10. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-025, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-030 Office hours.

The individual's record check information shall be available to him or her for inspection and copying during the customary office hours of the agency. For purposes of this chapter, the customary office hours shall be from 8:00 a.m. to noon and from 1:00 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

History

Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-030, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-035 Requests for record check information.

In accordance with the requirements of RCW 42.56.100 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, record check information is obtainable by district employees, applicants, or volunteers to whom it pertains when they comply with the following procedures:

The request shall be made in writing. The district employee, applicant, or volunteer shall complete, sign and return the request for Background Check Results form located at http://www.k12.wa.us/profpractices/fingerprint. The written request shall be presented to the fingerprint background check unit of the superintendent of public instruction during customary office hours or may be mailed or faxed to the office. The request shall include the following information:

(1) The name of the person requesting the record;

(2) The calendar date on which the request was made;

(3) The nature of the request;

(4) Height, weight and date of birth of individual fingerprinted; and

(5) Social Security number of individual fingerprinted (optional).

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-035, filed 1/12/18, effective 2/12/18. Statutory Authority: RCW 28A.400.303. WSR 10-17-059, § 392-300-035, filed 8/12/10, effective 9/12/10. Statutory Authority: RCW 42.56.100. WSR 09-02-024, § 392-300-035, filed 12/30/08, effective 1/30/09. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-035, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-040 Copying.

No fee shall be charged for the inspection of record check information. The superintendent of public instruction may impose a reasonable charge for providing copies of records and for the use by any person of agency equipment to copy records; such charges shall not exceed the amount necessary to reimburse SPI for its actual costs incident to such copying. A record so copied shall not be released until and unless the person requesting the copied record has tendered payment for such copying to the appropriate official. All charges must be paid by money order or check.

History

Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-040, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-045 Protection of record check information.

Members of the public and agency personnel not processing record check information shall not be permitted access to any criminal record information.

(1) Record check information and a facility for their inspection will be provided by the fingerprint background check unit. Such records shall not be removed from the place designated. Records may be copied pursuant to the provisions of WAC 392-300-040.

(2) All record check information shall be maintained in a secure and private environment in order to protect the confidentiality of all district employees, applicants, and volunteers.

(3) All employees of the superintendent of public instruction who have access to criminal record information shall undergo record checks by the Washington state patrol and the Federal Bureau of Investigation.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-045, filed 1/12/18, effective 2/12/18. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-045, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-050 Access to record check database.

School districts, the Washington state center for childhood deafness and hearing loss, the state school for the blind, educational service districts, state tribal education compact schools, Bureau of Indian Affairs funded schools, approved charter schools, authorized employees of approved private schools, colleges and universities shall establish written policies or procedures to determine which employees are authorized to access the database. Access to the superintendent of public instruction's record check database shall be limited to:

(1) Employees of the superintendent of public instruction processing record check information including employees within the fingerprint background check unit, the office of professional practices, the legal services section, the certification section or their equivalents in case of future agency reorganization.

(2) Authorized employees of school districts.

(3) Authorized employees of educational service districts.

(4) Authorized employees of college or universities with professional education standards board approved certification programs.

(5) Authorized employees of the Washington state center for childhood deafness and hearing loss.

(6) Authorized employees of the state school for the blind.

(7) Authorized employees of Bureau of Indian Affairs funded schools.

(8) Authorized employees of state tribal education compact schools.

(9) Authorized employees of approved private schools.

(10) Authorized employees of approved charter schools.

(11) Other authorized individuals as determined by the superintendent of public instruction or designee.

Access to the database will be controlled by a confidential password issued by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-050, filed 1/12/18, effective 2/12/18
WSR 10-22-054, § 392-300-050, filed 10/28/10, effective 11/28/10. Statutory Authority: RCW 28A.400.303, 28A.410.090. WSR 07-19-012, § 392-300-050, filed 9/7/07, effective 10/8/07. Statutory Authority: RCW 28A.150.290(1). WSR 02-06-044, § 392-300-050, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-050, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-055 Prohibition of redissemination of fingerprint record information by educational service districts, the Washington state center for childhood deafness and hearing loss, the state school for the blind, school districts, Bureau of Indian Affairs funded schools, state tribal education compact schools, approved private schools, and approved charter schools.

Fingerprint record information is highly confidential and shall not be redisseminated to any organization or individual by any educational service district, the Washington center for childhood deafness and hearing loss, state school for the blind, school district, Bureau of Indian Affairs funded school, state tribal education compact schools, approved private schools, or approved charter schools.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-055, filed 1/12/18, effective 2/12/18. Statutory Authority: RCW 28A.400.303, 28A.410.090. WSR 07-19-012, § 392-300-055, filed 9/7/07, effective 10/8/07. Statutory Authority: RCW 28A.150.290(1). WSR 02-06-044, § 392-300-055, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-055, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-060 Protection of fingerprint record information by educational service districts, the Washington center for childhood deafness and hearing loss, state school for the blind, school districts, Bureau of Indian Affairs funded schools, state tribal education compact schools, approved private schools, and approved charter schools.

Educational service districts, the Washington state center for childhood deafness and hearing loss, state school for the blind, school districts, Bureau of Indian Affairs funded schools, state tribal education compact schools, approved private schools, and approved charter schools shall have policies and procedures to:

(1) Protect the confidentiality of fingerprint record information, including the secure location of criminal history record information (CHRI);

(2) Limit access to authorized personnel processing or requiring fingerprint record information to make employment decisions; and

(3) Prevent the unlawful redissemination of fingerprint record information.

Noncompliance with these provisions may allow for the recovery of civil damages under applicable federal and state statutes.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-060, filed 1/12/18, effective 2/12/18. Statutory Authority: RCW 28A.400.303, 28A.410.090. WSR 07-19-012, § 392-300-060, filed 9/7/07, effective 10/8/07. Statutory Authority: RCW 28A.150.290(1). WSR 02-06-044, § 392-300-060, filed 2/27/02, effective 3/30/02. Statutory Authority: RCW 28A.400.303, 28A.400.306, 28A.410.010 and 1996 c 126. WSR 96-17-045 (Order 96-12), § 392-300-060, filed 8/19/96, effective 9/19/96.

Wash. Admin. Code § 392-300-070 Private school fingerprint process.

Fingerprinting of subject individuals employed by private schools.

(1) Definitions of private school terms.

(a) "Subject individual" means: Any person, certified or classified employed by a private school or volunteer in a position having regularly scheduled, unsupervised access to children;

(b) "Regularly scheduled, unsupervised access to children" means contact with students that provides the person opportunity and probability for personal communication or touch when not under direct supervision;

(c) "Fee" means the total charges assessed to process fingerprint cards through the Washington state patrol and Federal Bureau of Investigation records check;

(d) "Information to be required" means all information requested by the office of the superintendent of public instruction;

(e) "Conviction information" means, notwithstanding any other statutes or Washington administrative rule, criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject;

(f) "Private school" means a school that is approved with the Washington state board of education under chapter 180-90 WAC.

(2) The office of the superintendent of public instruction shall request criminal information from the Washington state patrol and the Federal Bureau of Investigation in the manner prescribed by law. A fee shall be charged for such services.

(3) Upon the private school's submission of the completed fingerprint cards and information form, the office of the superintendent of public instruction shall review the criminal records of subject individual.

(4) OSPI will send conviction information to administrators of approved private schools as allowed under RCW 10.97.050.

(5) The office of the superintendent of public instruction shall assure the destruction of all fingerprint cards, facsimiles or other materials from which fingerprints can be reproduced used by Washington state patrol or Federal Bureau of Investigation.

(6) Only cards and forms approved by the office of the superintendent of public instruction will be accepted. The office of the superintendent of public instruction will hold fingerprint cards on file and notify the private school and/or subject individual when there is no fee, an incorrect fee, when necessary information is missing from the fingerprint cards, or the information form was not received.

(7) The office of the superintendent of public instruction will return to the private school any fingerprint cards that the Washington state patrol or Federal Bureau of Investigation rejects for poor quality prints. The private school will be responsible for having the subject individual submit additional prints as required.

(8) The superintendent's office shall maintain a record of all properly submitted fingerprint cards in the current records database for a period of at least two years. The record shall include at least the following:

(a) Card sequence number;

(b) Name of private school submitting the cards;

(d) Date letter regarding incomplete card was sent to the subject individual with a copy to the private school (only if applicable);

(e) Date private school was notified of Washington state patrol criminal history record or lack of record;

(f) Date private school was notified of Federal Bureau of Investigation record or lack of record.

History

Statutory Authority: RCW 28A.400.305. WSR 18-03-070, § 392-300-070, filed 1/12/18, effective 2/12/18
WSR 10-22-054, § 392-300-070, filed 10/28/10, effective 11/28/10. Statutory Authority: RCW 28A.400.303. WSR 09-04-031, § 392-300-070, filed 1/29/09, effective 3/1/09. Statutory Authority: RCW 28A.410.010, 28A.400.305. WSR 00-21-077, § 392-300-070, filed 10/17/00, effective 11/17/00.

Chapter 392-320 School personnel—Administrator internship program.

Wash. Admin. Code § 392-320-005 Authority.

The authority for this chapter is RCW 28A.415.300 which authorizes the superintendent of public instruction to develop rules and regulations for the establishment and administration of the administrator internship program.

History

Statutory Authority: RCW 28A.415.300. WSR 96-15-115 (Order 96-08), § 392-320-005, filed 7/23/96, effective 8/23/96
WSR 94-07-102 (Order 94-03), § 392-320-005, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-010 Purpose.

The purpose of this chapter is to set forth policies and procedures for the operation of the administrator internship program, including the conditions for the use of state moneys for such purpose by educational service districts and school districts of the state.

History

Statutory Authority: RCW 28A.415.300. WSR 94-07-102 (Order 94-03), § 392-320-010, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-015 Definition—Administrator intern.

As used in this chapter, the term "administrator intern" means a school employee selected for a principal or superintendent certification internship for release time not to exceed the equivalent of forty-five school days, as defined in WAC 392-121-033, and who is enrolled in a state board of education approved administrator preparation program, pursuant to chapter 180-78 WAC.

History

Statutory Authority: RCW 28A.415.300. WSR 96-15-115 (Order 96-08), § 392-320-015, filed 7/23/96, effective 8/23/96
WSR 94-07-102 (Order 94-03), § 392-320-015, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-020 Definition—Mentor administrator.

As used in this chapter, the term "mentor administrator" means a school district administrator in a like-role selected by a school district to provide supervision of an administrator intern.

History

Statutory Authority: RCW 28A.415.300. WSR 94-07-102 (Order 94-03), § 392-320-020, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-025 Definition—Release time cost.

As used in this chapter, the term "release time cost" shall mean an amount paid by a school district to release an administrator intern completing an administrator certification field experience. The maximum amount shall not exceed the school district actual daily substitute teacher rate, to include salary and benefits, for the equivalent of forty-five student days.

History

Statutory Authority: RCW 28A.415.300. WSR 96-15-115 (Order 96-08), § 392-320-025, filed 7/23/96, effective 8/23/96
WSR 94-07-102 (Order 94-03), § 392-320-025, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-030 Definition—Educational service district internship advisory board.

As used in this chapter, the term educational service district advisory board means a board or committee composed of representatives of the public, school district administrators, principals, teachers, and colleges having state board of education approved administrator programs. The advisory board shall advise in the establishment of the educational service district intern selection criteria and process. An existing educational service district in-service committee or task force may serve as the educational service district internship advisory board provided it includes the membership described herein.

History

Statutory Authority: RCW 28A.415.300. WSR 94-07-102 (Order 94-03), § 392-320-030, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-035 Incorporation by reference of state board of education rules.

The rules of the state board of education set forth in WAC 180-78-266 which consist of the administrator internship standards shall likewise govern the administrator internship program administered by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.415.300. WSR 94-07-102 (Order 94-03), § 392-320-035, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-040 Administrator intern selection process.

The process for selecting administrator interns shall be as follows:

(1) Any school district employee eligible for this program may apply in writing to the school district superintendent, or his/her designee to be an administrator intern.

(2) Each school district shall determine which applicants meet its internship criteria, provided that applicants must be enrolled in and recommended by a state board of education program approved for principal or superintendent certification.

(3) The school district shall agree to provide each intern release time not to exceed the equivalent of forty-five student days and name a mentor administrator to supervise each intern.

(4) The school district shall send the regional educational service district superintendent the following: School district criteria for intern selection, nominee name, position title, address, college/university in which the nominee is enrolled in, intern role (i.e., principal or superintendent), proposed internship site, minority and gender status, the actual, daily substitute teacher rate, agreement to comply with state board of education internship standards requirement, the amount of internship funds requested, agreement to comply with administrator internship program rules (chapter 392-320 WAC), mentor administrator name, title and position, and other information requested by the educational service district.

(5) The educational service district internship advisory board shall review the school district intern nominee applications for compliance with the educational service district internship criteria and make recommendations for approval to the educational service district superintendent.

(6) The educational service district superintendent shall notify the local district, the respective college or university, and the applicant of their selection status and forward a copy of the information cited in subsection (4) of this section for each selected intern to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.415.300. WSR 96-15-115 (Order 96-08), § 392-320-040, filed 7/23/96, effective 8/23/96
WSR 94-07-102 (Order 94-03), § 392-320-040, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-045 Administrator internship allocation.

Internship funds shall be allocated as follows:

(1) The superintendent of public instruction shall allocate administrator internship funding to each educational service district based on the percentage of public school students enrolled in each educational service district.

(2) Prior to allocating funding to a school district, the educational service district may retain sufficient moneys needed to implement the administrator internship program, including costs of the educational service district internship advisory board. The superintendent of public instruction shall determine the maximum dollar amount each educational service district may retain. In accordance with superintendent of public instruction memorandum No. 1-92M, each educational service district shall retain up to nine percent of their allocation to carry out their internship program responsibilities.

(3) By October 1 of each fiscal year, all educational service districts shall report to the superintendent of public instruction the following:

(a) If they will have unspent internship funding (and the amount of such funding) to reallocate to other educational service districts; or

(b) If they need additional internship funding, including the number of interns and the amount requested for each intern.

The superintendent of public instruction shall reallocate such funding among the requesting educational service districts, provided that if the requests exceed the total amount available, the superintendent of public instruction shall divide the amount available proportionately among the educational service districts needing additional funding.

(4) After selecting the interns, the educational service district shall reimburse the employing school district based on the actual release time cost.

(5) Administrator internship reimbursements to each school district may be used in a variety of ways to accommodate flexible implementation in releasing interns. Participating school districts shall receive allocations for a maximum of forty-five school days. Local districts shall not be reimbursed for other costs associated with implementing this program.

(6) Unexpended administrator intern funds shall revert to the state general fund.

History

Statutory Authority: RCW 28A.415.300. WSR 96-15-115 (Order 96-08), § 392-320-045, filed 7/23/96, effective 8/23/96
WSR 94-07-102 (Order 94-03), § 392-320-045, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-050 Annual report.

The superintendent of public instruction shall prepare an annual report on the administrator internship program based on the following information which shall be provided by each educational service district:

(1) Educational service district criteria for selecting interns.

(2) Data and information for each selected intern cited in WAC 392-320-040(4).

(3) Fiscal report, including allocations to participating districts for release time costs.

(4) Composition of educational service district internship advisory board.

(5) Recommendations, if any, for program revisions.

(6) Other information deemed necessary by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.415.300. WSR 96-15-115 (Order 96-08), § 392-320-050, filed 7/23/96, effective 8/23/96
WSR 94-07-102 (Order 94-03), § 392-320-050, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-055 Carryover prohibition.

State moneys allocated to educational service districts and districts for the administrator internship program shall be subject to the carryover prohibition of WAC 392-122-900.

History

Statutory Authority: RCW 28A.415.300. WSR 94-07-102 (Order 94-03), § 392-320-055, filed 3/18/94, effective 4/18/94.

Wash. Admin. Code § 392-320-060 Maximum control factor—Proration.

State moneys distributed to educational service districts and districts for the administrator internship program shall be subject to the proration provision of WAC 392-122-905 if the current program appropriation to the superintendent of public instruction is adversely affected by action of the legislature after the commencement of the ensuing school year.

History

Statutory Authority: RCW 28A.415.300. WSR 94-07-102 (Order 94-03), § 392-320-060, filed 3/18/94, effective 4/18/94.

Chapter 392-335 Pupils—Uniform entry qualifications.

Wash. Admin. Code § 392-335-005 Authority and purpose.

This chapter is adopted pursuant to authority vested in the office of superintendent of public instruction by RCW 28A.225.160 which authorizes the office of superintendent of public instruction to establish uniform entry qualifications.

History

Statutory Authority: RCW 28A.225.160. WSR 07-04-049, § 392-335-005, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-335-005, filed 6/22/06, effective 6/22/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-39-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.190. WSR 83-13-004 (Order 5-83), § 180-39-005, filed 6/2/83.

Wash. Admin. Code § 392-335-010 Uniform entry age for kindergarten.

Except as provided in WAC 392-335-025, a child must be five years of age as of midnight August 31 of the year of entry to be entitled to enter kindergarten.

History

Statutory Authority: RCW 28A.225.160. WSR 07-04-049, § 392-335-010, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-335-010, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.58.190. WSR 83-13-004 (Order 5-83), § 180-39-010, filed 6/2/83.

Wash. Admin. Code § 392-335-015 Uniform entry age for first grade.

Except as provided in WAC 392-335-020 and 392-335-025, a child must be six years of age as of midnight August 31 of the year of entry to be entitled to enter first grade.

History

Statutory Authority: RCW 28A.225.160. WSR 07-04-049, § 392-335-015, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-335-015, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.58.190. WSR 83-13-004 (Order 5-83), § 180-39-015, filed 6/2/83.

Wash. Admin. Code § 392-335-020 Kindergarten experience qualification for first grade.

Any child not otherwise eligible for entry to first grade who successfully has completed a kindergarten program in a public or private school shall be permitted entry to the school program: Provided, That the kindergarten program standards substantially equaled or exceeded the applicable basic education program requirements of RCW 28A.150.220 and WAC 180-16-200 through 180-16-220, each as now or hereafter amended: Provided further, That if the district of entry has reason to believe that an individual child so qualified may not succeed in the district's first grade program, the district shall have the option of placing the child in either kindergarten or the first grade for evaluation in the areas specified in WAC 392-335-025 and a final determination of the child's appropriate grade level placement no later than the thirtieth calendar day following the child's first day of attendance.

History

Statutory Authority: RCW 28A.225.160. WSR 07-04-049, § 392-335-020, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-335-020, filed 6/22/06, effective 6/22/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-39-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.190. WSR 83-13-004 (Order 5-83), § 180-39-020, filed 6/2/83.

Wash. Admin. Code § 392-335-025 Local option exceptions to uniform entry qualification.

School districts may adopt regulations that provide for individual exceptions to the uniform entry qualifications established by this chapter. Such regulations shall provide for a screening process and/or instrument(s) which measure the ability or the need, or both, of an individual student to succeed in earlier entry.

| Note: | See also RCW 28A.225.160 for provisions relating to preadmission screening process fees and fee waivers. | | --- | --- |

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-335-025, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.225.160. WSR 98-05-004, § 180-39-025, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.58.190. WSR 83-13-004 (Order 5-83), § 180-39-025, filed 6/2/83.

Chapter 392-340 School district organization.

Wash. Admin. Code § 392-340-003 Authority.

The general authority for this chapter is RCW 28A.315.005, 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), and 28A.315.205(3).

History

Statutory Authority: RCW 28A.525.020. WSR 09-03-053, § 392-340-003, filed 1/13/09, effective 2/13/09. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, recodified as § 392-340-003, filed 8/8/06, effective 9/8/06. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. WSR 99-24-125, § 180-24-003, filed 12/1/99, effective 1/1/00. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-24-003, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(9). WSR 87-04-059 (Order 1-87), § 180-24-003, filed 2/4/87.

Wash. Admin. Code § 392-340-007 Purpose and policy of chapter.

The purpose of this chapter is the same as set forth under RCW 28A.315.015.

History

Statutory Authority: RCW 28A.525.020. WSR 09-03-053, § 392-340-007, filed 1/13/09, effective 2/13/09. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, recodified as § 392-340-007, filed 8/8/06, effective 9/8/06. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. WSR 99-24-125, § 180-24-007, filed 12/1/99, effective 1/1/00. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-24-007, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(9). WSR 87-04-059 (Order 1-87), § 180-24-007, filed 2/4/87.

Wash. Admin. Code § 392-340-00701 Regional committee decision making.

(1) The regional committee shall give consideration to all of the criteria in RCW 28A.315.015 (2)(a) through (d) and 28A.315.205 (4)(a) through (e) when reviewing the proposed transfer of territory:

(2) The boundaries of the school districts affected by a proposed change in school district organization shall be contiguous to one another.

(3) When considering student educational opportunities under RCW 28A.315.205 (4)(a), the regional committee shall not consider one set of test scores alone as a sufficient basis to make a judgment about student educational opportunities. Test scores in the district affected by the proposed transfer of territory shall be looked at in context, including over time and by disaggregating the scores by student subgroups.

(4) "Communities affected" under RCW 28A.315.205 (4)(c), include all citizens living within the territory proposed to be transferred, all other citizens residing within the school district from which the proposed territory will be transferred, all citizens residing within the school district to which the proposed territory will be transferred.

(5) When considering "geographic accessability" under RCW 28A.315.205 (4)(d), the regional committee shall consider, but is not limited to the following factors:

(a) Mountains, hills, valleys, wasteland, and related geographic and man-made features, which either enhance or impede travel.

(b) Rivers, lakes, canals, and other natural or man-made waterways and bodies of water, which either enhance or impede travel.

(d) Climatic conditions.

(e) Time required to travel to and from school.

(6) After considering all factors, the regional committee shall make one judgment on geographic accessibility, regardless of how many individual components may apply to the particular transfer of territory petition.

(7) Each regional committee shall use the same criterion checklist included in the Guide to Changing School District Boundaries and published on the superintendent of public instruction website.

(8) If a regional committee needs to continue a public hearing or schedule more than one additional hearing on a proposed transfer of territory, each such hearing is subject to public notice requirements.

(9) Regional committees shall use the decision format (motion) included in the Guide to Changing School District Boundaries and published on the superintendent of public instruction website.

History

Statutory Authority: RCW 28A.525.020. WSR 09-03-053, § 392-340-00701, filed 1/13/09, effective 2/13/09. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-340-00701, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. WSR 05-19-112, § 180-24-00701, filed 9/20/05, effective 10/21/05. Statutory Authority: Chapter 28A.315 RCW. WSR 03-23-040, § 180-24-00701, filed 11/12/03, effective 12/13/03. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. WSR 99-24-125, § 180-24-00701, filed 12/1/99, effective 1/1/00.

Wash. Admin. Code § 392-340-195 Notification to the superintendent of public instruction of regional committee meetings.

The secretary of each regional committee—i.e., the educational service district superintendent—shall notify the superintendent of public instruction of all meetings of the regional committee.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-340-195, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. WSR 05-19-112, § 180-24-195, filed 9/20/05, effective 10/21/05. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. WSR 99-24-125, § 180-24-195, filed 12/1/99, effective 1/1/00.

Wash. Admin. Code § 392-340-197 Regional committee responsibility—Assistance of superintendent of public instruction.

The superintendent of public instruction shall assist the regional committees by providing technical assistance, training, and other support the state superintendent deems necessary or as may be requested by the regional committee.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, recodified as § 392-340-197, filed 8/8/06, effective 9/8/06. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. WSR 99-24-125, § 180-24-197, filed 12/1/99, effective 1/1/00.

Wash. Admin. Code § 392-340-207 Transfer of territory—Other district requirements.

(1) At least one member of each school board whose district is affected by a proposed transfer of territory must be part of the respective district's negotiating team.

(2)(a) Upon reaching a decision recommendation through the district-to-district negotiation process on a proposed transfer of territory, the negotiating parties shall produce, at a minimum, a written summary of the recommendation, including rationale for the recommendation, and submit to the respective affected school district boards of directors.

(b) Each school board of directors shall adopt at a public meeting of the board a written resolution indicating whether the board approves or disapproves the recommendation on the proposed transfer of territory. The resolution format included in the Guide to Changing School District Boundaries and published on the superintendent of public instruction website shall be used.

History

Statutory Authority: RCW 28A.525.020. WSR 09-03-053, § 392-340-207, filed 1/13/09, effective 2/13/09. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-340-207, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. WSR 05-19-112, § 180-24-207, filed 9/20/05, effective 10/21/05.

Wash. Admin. Code § 392-340-209 Transfer of territory—Sufficiency of written record for appeal to the superintendent of public instruction—Referral of case back to regional committee.

(1) For purposes of review by the superintendent of public instruction, the record of regional committee proceedings must be sufficient to allow the superintendent of public instruction to determine what facts the regional committee relied on in applying the required statutory and regulatory criteria. Evidence of facts relied on may be contained in the written findings required in RCW 28A.315.205(2) or in a written verbatim transcript of the proceedings, or elsewhere in the record.

(2) When referring a transfer of territory case back to the originating regional committee, the superintendent of public instruction will make every effort to submit the written referral as expeditiously as possible.

History

Statutory Authority: RCW 28A.525.020. WSR 09-03-053, § 392-340-209, filed 1/13/09, effective 2/13/09. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-340-209, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. WSR 05-19-112, § 180-24-209, filed 9/20/05, effective 10/21/05.

Wash. Admin. Code § 392-340-210 Adjustment of assets and liabilities—Time considerations.

A regional committee is authorized to phase in the adjustment of assets and liabilities over a period not less than two years nor more than eight years. This authorization is subject to the annual August 1 deadline for taxing districts to establish the taxing boundaries and rates for the ensuing tax collection year.

History

Statutory Authority: RCW 28A.525.020. WSR 14-08-073, § 392-340-210, filed 3/31/14, effective 5/1/14
WSR 09-03-053, § 392-340-210, filed 1/13/09, effective 2/13/09. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, recodified as § 392-340-210, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. WSR 05-19-112, § 180-24-210, filed 9/20/05, effective 10/21/05. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. WSR 99-24-125, § 180-24-210, filed 12/1/99, effective 1/1/00.

Wash. Admin. Code § 392-340-213 Student enrollment effective under approved transfer of territory.

When a proposed transfer of territory has finally been approved, students in the affected territory may begin attending the appropriate school in the next logical term within the school year or beginning with the next school year, as determined by the parent(s) or legal guardian(s) of the student.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, recodified as § 392-340-213, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. WSR 05-19-112, § 180-24-213, filed 9/20/05, effective 10/21/05.

Wash. Admin. Code § 392-340-220 Action by the superintendent of public instruction—When.

Pursuant to RCW 28A.315.205(5), the superintendent of public instruction shall act on a proposed transfer of territory only when there is an appeal to the superintendent of public instruction of a decision of a regional committee.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-340-220, filed 8/8/06, effective 9/8/06. Statutory Authority: Chapter 28A.315 RCW. WSR 03-23-040, § 180-24-220, filed 11/12/03, effective 12/13/03. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. WSR 99-24-125, § 180-24-220, filed 12/1/99, effective 1/1/00.

Wash. Admin. Code § 392-340-225 Frequency of petitions—Limitation.

An educational service district superintendent may not accept a petition to transfer territory if any portion of such territory was included in a previous petition brought before the regional committee, unless five years have expired since the date of final disposition of the previous petition.

History

Statutory Authority: RCW 28A.525.020. WSR 09-03-053, § 392-340-225, filed 1/13/09, effective 2/13/09. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-340-225, filed 8/8/06, effective 9/8/06. Statutory Authority: Chapter 28A.315 RCW. WSR 04-04-091, § 180-24-225, filed 2/3/04, effective 3/5/04.

Wash. Admin. Code § 392-340-336 Regional committee members—Position numbers—Appointments—Terms of office.

(1) Regional committee members shall be appointed by the educational service district boards of directors in accordance with RCW 28A.315.105.

(2) Regional committee member position numbers shall be assigned by the educational service district superintendent. Regional committee member positions one, three, five, seven, and nine shall serve terms staggered with positions two, four, six, and eight. Each position shall correspond to an educational service district director districts determined pursuant to chapter 28A.310 RCW.

(3) Regular appointments of regional committee members shall be made in even-numbered years for four-year terms.

(4) Appointments to fill vacancies occurring during a term shall be made as soon as possible and shall be for the remainder of the original term.

(5) Each committee member must reside in the director district for which the appointment is made.

History

Statutory Authority: RCW 28A.525.020. WSR 20-14-038, § 392-340-336, filed 6/25/20, effective 7/26/20
WSR 09-03-053, § 392-340-336, filed 1/13/09, effective 2/13/09.

Chapter 392-341 State assistance in providing school plant facilities—Preliminary provisions.

Wash. Admin. Code § 392-341-005 Authority.

This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of state funding assistance to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state funding assistance for school facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, 28A.525.162 through 28A.525.178.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-341-005, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-005, filed 7/25/06, effective 8/25/06
WSR 98-19-139, § 180-25-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-25-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-064 (Order 9-83), § 180-25-005, filed 10/17/83.

Wash. Admin. Code § 392-341-010 Purpose.

The purpose of this chapter is to set forth provisions applicable to a district's official application for state funding assistance, including conditions preceding, in the construction of school facilities.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-341-010, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-341-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-25-010, filed 11/27/85
WSR 83-21-064 (Order 9-83), § 180-25-010, filed 10/17/83.

Wash. Admin. Code § 392-341-012 Waiver of rules to facilitate alternative public works contracting procedures.

(1) Subject to factual determinations by the superintendent of public instruction, the provisions of chapters 392-341 through 392-347 WAC which supplement statutory requirements are hereby deemed waived to the extent any provision would prevent or delay the implementation of alternative public works contracting procedures pursuant to chapter 39.10 RCW.

(2) At the request of school district officials, the superintendent of public instruction or her/his designee shall factually determine on a case-by-case basis which provisions would prevent or delay the implementation of alternative public works contracting procedures, and advise officials in writing of the extent to which one or more provisions of chapters 392-341 through 392-347 WAC are hereby deemed to have been waived.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-341-012, filed 7/25/06, effective 8/25/06
WSR 01-08-040, § 180-25-012, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 392-341-013 Waiver of rules to facilitate school seismic safety program projects.

The superintendent of public instruction or their designee may waive provisions of chapters 392-341 through 392-347 WAC for school district projects approved for school seismic safety program funding under RCW 28A.525.320. The superintendent of public instruction or their designee will notify school districts of requirements to be fulfilled under the provisions of chapters 392-341 through 392-347 WAC.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-341-013, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-341-015 Definition—School facilities.

As used in this chapter, and in chapters 392-342 through 392-347 WAC, the term "school facilities" means school plant facilities, school plant projects, school buildings, common school facilities and the grounds as those terms are utilized in chapter 28A.525 RCW. Any structure not placed on a permanent foundation shall be excluded from this definition.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-341-015, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-25-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-064 (Order 9-83), § 180-25-015, filed 10/17/83.

Wash. Admin. Code § 392-341-020 District application—Study and survey.

Prior to the superintendent of public instruction consideration of state funding assistance in providing school facilities, the board of directors of a school district shall file with the superintendent of public instruction an application for each school facility project, whether new construction or modernization of an existing facility, and shall conduct a study and survey of existing and proposed school facilities within the district.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-341-020, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-341-020, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-020, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-064 (Order 9-83), § 180-25-020, filed 10/17/83.

Wash. Admin. Code § 392-341-025 State study and survey—Content.

The study and survey conducted by a local school district and submitted to the superintendent of public instruction shall include the following:

(1) An inventory and area analysis of existing school facilities within the district, a building condition assessment of the types and kinds of systems and subsystems used in those facilities and the state of their condition. The inventory, area analysis, and building condition assessment must use standardized formats identified by the office of superintendent of public instruction. The building condition assessment must include a physical inspection and review performed by an independent evaluator certified by the office of superintendent of public instruction;

(2) A long-range (i.e., minimum of six years) educational and facilities plan setting forth the projected facility needs and priorities of the district based on the educational plan, including a discussion of the need for adjustments of school attendance areas within the district, and supplemented by the following information:

(a) Demographic data including population projections and projected economic growth and development. OSPI shall provide projected enrollment based on most recent October enrollments. District shall provide most recent October enrollments of developmentally disabled students;

(b) The ability of such district to provide capital funds by local effort;

(d) The need to improve racial balance and/or to avoid creation or aggravation of racial imbalance: OSPI shall provide diversity report based on most recent October enrollments and enrollment data reported by district;

(e) The type and extent of new and/or additions to existing school facilities required and the urgency of need for such facilities;

(f) A cost/benefit analysis on the need to modernize and/or replace existing school facilities in order to meet current educational needs and the current state building code; and

(g) A determination of the district's time line for completion of the school facilities project(s);

(3) Such other matters as the superintendent of public instruction deems pertinent to decision making in the allocation of funds for school facilities, or that the applicant district deems relevant. Cooperation by the applicant school district in conducting the study and survey is a requisite for the superintendent of public instruction to complete the study and survey and to establish the eligibility of the district for state funding assistance in school facility construction;

(4) A letter signed by the independent evaluator who performed the building condition physical inspection and review attesting that all building condition assessment information required by the study and survey provided is accurate. The independent evaluator must be certified by the office of superintendent of public instruction;

(5) A letter signed by the architect or consultant certifying that the square footage reported accurately reflects the square footage of the school facilities included in the study and survey at the time of submission; and

(6) A letter signed by the school district superintendent and school district board of directors' president stating information included in the study and survey is accurate at the time of submission.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-341-025, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 28A.525.020. WSR 21-13-129, § 392-341-025, filed 6/22/21, effective 7/23/21
WSR 10-09-008, § 392-341-025, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-025, filed 7/25/06, effective 8/25/06
WSR 98-19-139, § 180-25-025, filed 9/23/98, effective 10/24/98. Statutory Authority: [RCW 28A.525.020.] WSR 91-12-058, § 180-25-025, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. WSR 90-04-031, § 180-25-025, filed 1/30/90, effective 3/2/90. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-25-025, filed 11/27/85
WSR 83-21-064 (Order 9-83), § 180-25-025, filed 10/17/83.

Wash. Admin. Code § 392-341-030 State study and survey—Local involvement.

When in the judgment of the superintendent of public instruction information is not readily available to complete the state study and survey or the superintendent of public instruction determines that an existing study and survey, although completed within the previous six years, is out of date, the superintendent of public instruction shall approve a district's request for a state planning grant to offset all or a portion of the cost of acquiring such information unless it is determined that there is no possibility that the district will be eligible for state funding assistance within the next seventy-two months. The state planning grant shall be based on a minimum flat amount for each enrollment category plus a variable allocation based on the district's estimated gross square footage of existing school facilities and in accordance with the following schedule:

| Headcount Enrollment Categories | | --- | | Enrollment of 1 to 500—Minimum state planning grant plus square footage allocation | | Enrollment of 501 to 3,000—Minimum state planning grant plus square footage allocation | | Enrollment of 3,001 to 10,000—Minimum state planning grant plus square footage allocation | | Enrollment of above 10,000—Minimum state planning grant plus square footage allocation |

The dollar amount for the minimum grants and the square footage allocations for these categories shall be established annually by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-341-030, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-030, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-25-030, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-25-030, filed 11/27/85
WSR 83-21-064 (Order 9-83), § 180-25-030, filed 10/17/83.

Wash. Admin. Code § 392-341-035 State study and survey—Superintendent of public instruction.

The state study and survey, together with recommendations prepared by the superintendent of public instruction, if any, shall be transmitted to the board of directors of the affected school district(s) for written comment by such district or districts. Once the superintendent of public instruction has received the written comments of the district(s) affected, including a request for one or more project approvals pursuant to WAC 392-341-040, the state study and survey and the preliminary recommendations of the superintendent of public instruction, together with any written comments by the school district board of directors, shall undergo a final review by the superintendent of public instruction prior to action pursuant to WAC 392-341-040.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-341-035, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-25-035, filed 11/27/85
WSR 83-21-064 (Order 9-83), § 180-25-035, filed 10/17/83.

Wash. Admin. Code § 392-341-037 Out of date state study and survey.

The superintendent of public instruction, commencing June 7, 2006, shall not grant approval of state funding assistance pursuant to WAC 392-341-040 to a district without consideration of a state study and survey conducted within the preceding six years that addresses such project.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-341-037, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-037, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-25-037, filed 11/27/85.

Wash. Admin. Code § 392-341-040 State study and survey—Superintendent of public instruction approval or denial.

Upon receipt of a request for one or more project approvals and after review of the state study and survey, together with recommendations and comments, the superintendent of public instruction shall in accordance with WAC 392-341-045 take one of the following actions:

(1) Deny approval of state funding assistance for the construction and/or modernization of school facilities; or

(2) Grant approval of state funding assistance for the construction and/or modernization of school facilities by authorizing the maximum area allocation eligible for state funding assistance for each school plant project approved and for which the superintendent of public instruction shall issue an appropriate SPI form and state any conditions that may or may not be applicable including whether eligibility was approved or denied for additional state funding assistance pursuant to WAC 392-343-115 for one or more approved school plant projects or whether such decision for any approved school plant project has been deferred due to insufficient factual information for a determination or due to a request by the district to present the necessary factual information to the superintendent of public instruction. Upon receipt of the superintendent of public instruction approval, the school district is authorized to prepare educational specifications pursuant to chapter 392-342 WAC. Project approval shall become null and void one year from the date of the superintendent of public instruction action unless the district:

(a) Obtains capital funds to provide the local share required for state funding assistance;

(b) Completes the educational specifications pursuant to chapter 392-342 WAC; and

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-341-040, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-040, filed 7/25/06, effective 8/25/06
WSR 98-19-139, § 180-25-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-25-040, filed 11/27/85
WSR 85-09-059 (Order 7-85), § 180-25-040, filed 4/17/85
WSR 83-21-064 (Order 9-83), § 180-25-040, filed 10/17/83.

Wash. Admin. Code § 392-341-043 Superintendent of public instruction commitment at project approval.

The superintendent of public instruction project approval pursuant to WAC 392-341-040 defines the type of project and the maximum allowable square footage in which the state conditionally agrees to participate. There is no commitment whatsoever by the superintendent of public instruction or the state to any project or to any amount of state funding assistance. The superintendent of public instruction reserves the right to amend and/or repeal any rule(s) respecting state funding assistance in school building construction. Such rule changes may be made regardless of the negative and/or positive impact of such changes upon the eligibility of any project for state funding assistance and/or the extent of eligibility of any project for state funding assistance.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-341-043, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-043, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 86-04-065 (Order 1-86), § 180-25-043, filed 2/4/86.

Wash. Admin. Code § 392-341-045 Approval criteria for state funding assistance.

The superintendent of public instruction shall conditionally agree to state funding assistance for a school facility or facilities for a school district that demonstrates the following:

(1) The existence of unhoused students which for the purpose of this section shall mean current or projected enrolled students who are in excess of the capacity calculated for existing facilities within the district pursuant to chapter 392-343 WAC: Provided, That current or projected enrolled students shall not be designated as unhoused for a high school district of application which has a student enrollment of four hundred or less in grades nine through twelve, if the students involved or affected can be served without undue inconvenience in a neighboring school, or schools of larger size and the neighboring school district has indicated a willingness to serve, and has the capacity to house the applying district high school students; and

(2) The ability of the district to obtain capital funds to provide the local share required for state funding assistance: Provided, That the existence of unhoused students provision of subsection (1) of this section shall not be required for approval of the following school facilities projects: Interdistrict cooperative centers authorized by chapter 392-345 WAC, interdistrict transportation cooperatives authorized by chapter 392-346 WAC, and modernization and new-in-lieu of modernization construction authorized by chapter 392-347 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 21-13-129, § 392-341-045, filed 6/22/21, effective 7/23/21
WSR 10-09-008, § 392-341-045, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-045, filed 7/25/06, effective 8/25/06
WSR 98-19-139, § 180-25-045, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 85-09-059 (Order 7-85), § 180-25-045, filed 4/17/85
WSR 83-21-064 (Order 9-83), § 180-25-045, filed 10/17/83.

Wash. Admin. Code § 392-341-055 Conditions applicable to district's authority to proceed.

The authorization by the superintendent of public instruction pursuant to WAC 392-341-040 for the district to proceed for particular school facilities is subject to the conditions of WAC 392-344-107. Therefore, districts receiving approval by the superintendent of public instruction pursuant to WAC 392-341-040 are on notice that until approval is granted pursuant to WAC 392-344-107 (i.e., the issuance of an appropriate SPI form by the superintendent of public instruction) the particular school facilities do not have secured funding status.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-341-055, filed 7/25/06, effective 8/25/06
WSR 98-19-139, § 180-25-055, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-25-055, filed 11/27/85
WSR 85-09-059 (Order 7-85), § 180-25-055, filed 4/17/85.

Wash. Admin. Code § 392-341-200 Applications and forms.

Applications and forms applicable to provisions of this chapter for school facilities shall be as follows:

(1) Applications for a state study and survey by a district pursuant to WAC 392-341-020 shall be designated as OSPI D-1 Application.

(2) State planning grants to districts pursuant to WAC 392-341-030 shall be awarded to such districts through OSPI D-2 Form.

(3) Applications for approval of a school project by a district pursuant to WAC 392-341-040 shall be designated as OSPI D-3 Application.

(4) Project approval for districts pursuant to WAC 392-341-040 shall be awarded to such district through OSPI D-4 Form.

History

Statutory Authority: RCW 28A.525.020. WSR 21-13-129, § 392-341-200, filed 6/22/21, effective 7/23/21
WSR 10-09-008, § 392-341-200, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-341-200, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-25-200, filed 11/27/85.

Chapter 392-342 State assistance in providing school plant facilities—Educational specifications and site selection.

Wash. Admin. Code § 392-342-005 Authority.

This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of allocations to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state funding assistance for school facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-342-005, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-342-005, filed 7/25/06, effective 8/25/06
WSR 98-19-140, § 180-26-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-26-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-065 (Order 10-83), § 180-26-005, filed 10/17/83.

Wash. Admin. Code § 392-342-010 Purpose.

The purpose of this chapter is to set forth the procedure for educational specification development and site selection.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-342-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-065 (Order 10-83), § 180-26-010, filed 10/17/83.

Wash. Admin. Code § 392-342-012 Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-012.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-342-012, filed 7/25/06, effective 8/25/06
WSR 01-08-040, § 180-26-012, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 392-342-015 Educational specifications.

Prior to commencing the design phase, the school district shall prepare educational specifications for the approved project. The educational specifications shall describe the educational activities that the proposed school facilities and grounds should support and the types of spaces and their relationships in order to accommodate program requirements.

This section shall not be applicable to the construction of interdistrict transportation cooperatives or the additions to existing facilities of less than fifteen thousand square feet, unless combined with modernization.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-342-015, filed 7/25/06, effective 8/25/06
WSR 98-19-140, § 180-26-015, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-065 (Order 10-83), § 180-26-015, filed 10/17/83.

Wash. Admin. Code § 392-342-020 Site review and evaluation.

The superintendent of public instruction together with the school district shall conduct a review and evaluation of sites for new and existing state funding assisted projects. In selecting sites for schools, a district shall consider the following:

(1) The property upon which the school facility is or will be located is free of all encumbrances that would detrimentally interfere with the construction, operation, and useful life of the facility;

(2) The site is of sufficient size to meet the needs of the facility. The minimum acreage of the site should be five usable acres and one additional usable acre for each one hundred students or portion thereof of projected maximum enrollment plus an additional five usable acres if the school contains any grade above grade six. A district considering the use of a site that is less than the recommended minimum usable acreage should assure that:

(a) The health and safety of the students will not be in jeopardy;

(b) The internal spaces within the proposed facility will be adequate for the proposed educational program;

(c) The neighborhood in which the school facility is or will be situated will not be detrimentally impacted by lack of parking for students, employees, and the public; and

(d) The physical education and recreational program requirements will be met.

(3) A site review or predesign conference has been conducted with all appropriate local code agencies in order to determine design constraints;

(4) A geotechnical engineer has conducted a limited subsurface investigation to gather basic information regarding potential foundation and subgrade performance.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-342-020, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-342-020, filed 7/25/06, effective 8/25/06
WSR 98-19-140, § 180-26-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). WSR 94-01-014, § 180-26-020, filed 12/3/93, effective 1/3/94
WSR 93-07-104, § 180-26-020, filed 3/23/93, effective 4/23/93. Statutory Authority: RCW 28A.525.020 and 28A.525.164. WSR 91-12-057, § 180-26-020, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. WSR 83-21-065 (Order 10-83), § 180-26-020, filed 10/17/83.

Wash. Admin. Code § 392-342-025 Racial imbalance prohibition—Definition and acceptance criteria.

The superintendent of public instruction shall not accept a site unless the applicant district provides assurances that its attendance policies for the proposed or modernized school facility will not create or aggravate racial imbalance within the boundaries of the applicant school district. For the purpose of this chapter, racial imbalance shall be defined as the situation that exists when minority enrollment (as defined by current federal categories) of a school plant facility is as follows:

(1) General rule. As a general rule—except for greater than fifty percent minority school districts—racial imbalance shall be defined as the situation that exists:

(a) When the combined minority enrollment of a school exceeds the district-wide combined minority percentage by twenty percentage points or more; or

(b) When a school's enrollment of a single minority group with a district-wide enrollment of less than thirty percent exceeds fifty percent; or

(c) When a school's enrollment of a single minority group with a district-wide enrollment of thirty percent or more exceeds the minority group's district-wide percentage by twenty percentage points or more.

(2) Greater than fifty percent minority districts. This is a school district with a district-wide combined minority enrollment that exceeds fifty percent. Racial imbalance in a greater than fifty percent minority, nonmultiracial school district shall be defined as existing:

(a) When the combined minority enrollment of a school varies from the district-wide combined minority percentage by more than plus or minus twenty-five percentage points; or

(b) When a school's enrollment of a single minority group with a district-wide enrollment of less than thirty percent exceeds fifty percent; or

(3) Greater than fifty percent minority, multiracial districts. This is a school district with a district-wide combined minority enrollment that exceeds fifty percent and consists of two or more minority group enrollments which are each greater than twenty percent. Racial imbalance in a greater than fifty percent minority, multiracial school district shall be defined as existing:

(a) When the combined minority enrollment of a school varies from the district-wide combined minority percentage by more than plus or minus twenty-five percent percentage points; or

(b) When a school's enrollment of a single minority exceeds the combined district-wide minority percentage.

(4) Exclusions—This policy does not apply to:

(a) Public schools located on American Indian reservations; or

(b) School facilities which are the sole site within a school district for the conduct of a regular or special needs program for students of the age(s) or grade level(s) served at the site; or

(c) Student enrollments in programs established and conducted to address extraordinary educational needs, such as bilingual orientation programs, where the assignment and enrollment of students are based solely upon their extraordinary educational needs, the enrollment of students in the program is limited to the duration of their extraordinary educational need, and adherence to the policy would defeat the educational purpose of the program.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-342-025, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-342-025, filed 7/25/06, effective 8/25/06
WSR 94-20-055, § 180-26-025, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28A.47.830. WSR 84-11-046 (Order 5-84), § 180-26-025, filed 5/17/84
WSR 83-21-065 (Order 10-83), § 180-26-025, filed 10/17/83.

Wash. Admin. Code § 392-342-040 District authority to proceed.

Upon completion of the educational specifications and the site review by the superintendent of public instruction as provided for in WAC 392-342-020, the school district is authorized to proceed as follows:

(1) Commence with the design of the school facility in accordance with the district's educational specifications.

(2) Complete the energy conservation report pursuant to WAC 392-343-075.

(3) Complete a value engineering study and constructability review pursuant to WAC 392-343-080.

(4) Contract for building commissioning pursuant to WAC 392-343-080.

(5) Contract for construction management pursuant to WAC 392-343-102.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-342-040, filed 7/25/06, effective 8/25/06
WSR 99-24-046, § 180-26-040, filed 11/24/99, effective 12/25/99
WSR 98-19-140, § 180-26-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-26-040, filed 11/27/85
WSR 83-21-065 (Order 10-83), § 180-26-040, filed 10/17/83.

Wash. Admin. Code § 392-342-050 Option to request preliminary funding status prior to proceeding pursuant to WAC 392-342-040.

As used in chapters 392-342, 392-343, and 392-344 WAC, the term "preliminary funding status" shall mean the project shall be considered for approval pursuant to WAC 392-344-107 prior to projects without such preliminary funding status and shall be eligible for state funding assistance pursuant to the superintendent of public instruction rules pertaining to eligible square footage, construction cost allocation for the fiscal year funded, and priorities in effect at the time such status is granted. Any district may request the superintendent of public instruction to grant preliminary funding status for any project that obtained capital funds to provide the local share required for state funding assistance and has the authority to proceed pursuant to WAC 392-342-040. The superintendent of public instruction shall grant such approval if in the judgment of the superintendent of public instruction such project will receive approval pursuant to WAC 392-344-107 within one year.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-342-050, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-342-050, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-26-050, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-26-050, filed 11/27/85.

Wash. Admin. Code § 392-342-057 The superintendent of public instruction project commitment at preliminary funded status.

When preliminary funding status for a project is requested and granted pursuant to WAC 392-342-050, the superintendent of public instruction commitment is limited to the eligibility of the project for state funding assistance, the eligible square footage, the construction cost allocation for the fiscal year funded and the priority standing of the project as determined pursuant to the state construction assistance rules in effect at that time. This commitment is effective only for the initial one-year period set forth at WAC 392-342-060. The superintendent of public instruction reserves the right to amend and/or repeal any rule(s) respecting state funding assistance in school facility construction. Such rule changes may be made regardless of the impact upon the eligibility of any project and/or the extent of eligibility of any project for state funding assistance.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-342-057, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-342-057, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-26-057, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. WSR 98-19-140, § 180-26-057, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1991 c 14. WSR 91-20-151, § 180-26-057, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.525.020. WSR 90-24-068, § 180-26-057, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. WSR 86-04-065 (Order 1-86), § 180-26-057, filed 2/4/86.

Wash. Admin. Code § 392-342-060 Loss of preliminary funding status.

All districts granted preliminary funding status for a project pursuant to WAC 392-342-050 shall request approval to bid such project pursuant to WAC 392-344-107 within one year of receiving preliminary funding status or shall have such status withdrawn. A district with a project so withdrawn may reapply pursuant to WAC 392-342-050 for such status.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-342-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 28A.525.164. WSR 91-12-055, § 180-26-060, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.525.020. WSR 90-24-068, § 180-26-060, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-26-060, filed 11/27/85.

Wash. Admin. Code § 392-342-200 Applications and forms.

Applications and forms applicable to the provisions of this chapter for school facilities shall be as follows:

(1) Applications for preliminary funding status pursuant to WAC 392-342-050 shall be designated as OSPI D-5 Application.

(2) Grants of preliminary funding status pursuant to WAC 392-342-050 shall be given to districts through OSPI D-6 Form.

History

Statutory Authority: RCW 28A.525.020. WSR 21-15-045, § 392-342-200, filed 7/14/21, effective 8/14/21
WSR 10-09-008, § 392-342-200, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-342-200, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-26-200, filed 11/27/85.

Chapter 392-343 State funding assistance in providing school plant facilities—Basic state support.

Wash. Admin. Code § 392-343-005 Authority.

This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of allotments to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state funding assistance for school plant facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-005, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-005, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-27-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-005, filed 10/17/83.

Wash. Admin. Code § 392-343-010 Purpose.

The purpose of this chapter is to set forth provisions applicable to state funding assistance in the construction of school facilities, including the superintendent of public instruction approval criteria. The limitations set forth represent the level of state funding assistance within moneys available and are not to be interpreted as maximum criteria to meet the educational requirements of all school districts, the determination of such criteria being the prerogative of respective school districts.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-010, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-010, filed 10/17/83.

Wash. Admin. Code § 392-343-012 Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-012.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-012, filed 7/25/06, effective 8/25/06
WSR 01-08-040, § 180-27-012, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 392-343-013 Waiver of rules to facilitate school seismic safety program projects.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-013.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-343-013, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-343-015 State board policy.

(1) In the interpretation of the regulations in this chapter, the superintendent of public instruction shall be guided by the following state board of education policy:

(a) To equate insofar as possible the efforts by districts to provide capital moneys;

(b) To equalize insofar as possible the educational opportunities for the students of the state;

(c) To establish a level of state funding assistance for the construction and modernization of school facilities consistent with moneys available; and

(d) To recognize that districts may have reasons to remove district facilities from current inventories and provide consistent statewide policies for removal.

(2) Nonhigh district participation in financing the cost of secondary school facilities shall be established pursuant to the provisions of chapter 28A.540 RCW.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-015, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-343-015, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-015, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-27-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-015, filed 12/19/89, effective 12/19/89. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-015, filed 10/17/83.

Wash. Admin. Code § 392-343-016 Rules determining eligibility and timing of state funding assistance.

The eligibility for and the amount of state funding assistance shall be determined as outlined in WAC 392-343-020. The prioritization and timing for receipt of state funding assistance for eligible projects shall be determined by WAC 392-343-500.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-016, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-016, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-016, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-016, filed 8/3/92, effective 9/3/92.

Wash. Admin. Code § 392-343-017 Definition—School facilities.

As used in this chapter, the term "school facilities" means school plant facilities, school plant projects, school buildings, and common school facilities placed on a permanent foundation.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-343-017, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-017, filed 12/19/89, effective 12/19/89.

Wash. Admin. Code § 392-343-018 Definition—Portable facility.

As used in this chapter, "portable facility" means any factory-built structure, transportable in one or more sections, which requires a chassis to be transported, and is designed to be used as an educational space with or without a permanent foundation when connected to the required utilities. The structure shall be trailerable and capable of being demounted and relocated to other locations as needs arise.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-343-018, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 28A.525.164. WSR 91-12-059, § 180-27-018, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-018, filed 12/19/89, effective 12/19/89.

Wash. Admin. Code § 392-343-019 Definition—Instructional space.

As used in this chapter, the term "instructional space" means the gross amount of square footage calculated in accordance with the American Institute of Architects, Document D101, The Architectural Area and Volume of Buildings, latest edition, for a school facility utilized by a school district for the purpose of instructing students: Provided, That the following areas shall not be included in any calculation of instructional space:

(1) Exterior covered walkways, cantilevered or supported.

(2) Exterior porches including loading platforms.

(3) Areas located above instructional spaces which are either vacant or primarily housing mechanical and/or electrical equipment.

(4) Space used by central administrative personnel.

(5) Stadia and grandstands.

(6) Bus garages.

(7) Free-standing warehouse space specifically designed for that purpose.

(8) Portable facilities.

(9) Other square footage not otherwise available or related to direct instruction or instructional support of the education program in the district.

(10) The portion(s) of any space(s) constructed from grants made as a gift to a school district by a private entity or a public entity which:

(a) Is dedicated by the written terms of the grant to joint use by the school district for educational purposes and by the general public for community activities for the useful life of the space(s); and

(b) The school district board of directors has accepted the gift in accordance with the joint use terms of the grant: Provided, That this exception does not apply to space(s) jointly financed by two or more school districts.

(11) Facilities that are shared or collocated between multiple school districts pursuant to a written, lawful agreement, and that are jointly used by and/or benefit those school districts.

History

Statutory Authority: RCW 28A.150.290. WSR 12-20-013, § 392-343-019, filed 9/24/12, effective 10/25/12. Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-343-019, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-019, filed 9/23/98, effective 10/24/98
WSR 95-20-090, § 180-27-019, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.525.020 and 28A.525.055. WSR 95-08-032, § 180-27-019, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-019, filed 12/19/89, effective 12/19/89.

Wash. Admin. Code § 392-343-020 Related factors and formula for determining amount of state funding assistance.

(1) The amount of state funding assistance to a school district to provide school facilities shall be determined on the basis of component factors, as hereinafter set forth in this chapter, relating to:

(a) The number of unhoused students;

(b) Space allocations;

(d) Construction cost allocation for the fiscal year funded;

(e) Allowances for furniture and equipment purchases;

(f) The amount of insurance, federal, or other nontax source local moneys applied to a school facilities project;

(g) Certain specified costs which must be financed directly by the school district; and

(h) The amount of fees for professional services.

(2) State funding assistance for an approved project shall be derived by multiplying the state funding assistance percentage determined pursuant to RCW 28A.525.166 by the following:

(a) The eligible construction cost which shall be calculated by multiplying the approved square foot area of the project as set forth in WAC 392-343-035 by the construction cost allocation as set forth in WAC 392-343-060;

(b) The cost of preparing educational specifications as set forth in WAC 392-343-065;

(d) The cost of preparing and reviewing the energy conservation report as set forth in WAC 392-343-075;

(e) The cost of a value engineering study, a constructability review, and building commissioning as set forth in WAC 392-343-080;

(f) The construction cost savings—sharing incentive as set forth in WAC 392-343-085;

(g) The cost of furniture and equipment as set forth in WAC 392-343-095;

(h) The cost of special inspections and testing as set forth in WAC 392-343-100; and

(i) The cost of construction management as set forth in WAC 392-343-102.

Any cost in excess of the maximum allowable shall be financed entirely by the school district.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-020, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-020, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-27-020, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. WSR 99-24-127, § 180-27-020, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. WSR 92-24-027, § 180-27-020, filed 11/24/92, effective 12/25/92. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-27-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-020, filed 10/17/83.

Wash. Admin. Code § 392-343-023 Emerging high school district eligibility.

If a new secondary program is being established in a nonhigh district pursuant to chapter 392-348 WAC, the district shall make application and be eligible for state funding assistance of new construction for school facilities to serve the projected high school enrollment.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-023, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-023, filed 12/19/89, effective 12/19/89.

Wash. Admin. Code § 392-343-025 State funding assistance percentage—General.

(1) The state funding assistance percentage for which a school district is eligible, if otherwise qualified under prevailing statutory provisions and rules and regulations of the superintendent of public instruction, shall be determined in accordance with the state funding assistance percentage formula set forth in RCW 28A.525.166.

(2) In the event the state funding assistance percentage to any school district computed in accordance with RCW 28A.525.166(2) is less than twenty percent and such school district otherwise is eligible for state funding assistance under statutory provisions and the superintendent of public instruction regulations, the percentage for such district shall be twenty percent of the state allowable costs of the project.

(3) In addition to the computed state funding assistance percentage as stated above, a school district as provided in RCW 28A.525.166(3), shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed state funding assistance percentage for each average percent of student growth for the past three years, with a maximum addition of twenty percent. In no case shall the state funding assistance exceed one hundred percent of the maximum allowable cost of the project.

(4) For the purpose of calculating the state funding assistance percentage, the October student headcount (kindergarten through grade twelve students) shall be based on enrollment reported on the October P-223 form on or before the October due date. The headcount shall exclude alternative learning experience (ALE) students who reside outside the school district, as reported on the office of superintendent of public instruction (OSPI) school apportionment and financial services October alternative learning experience monthly enrollment report on or before the November due date.

In accordance with chapter 28A.525 RCW, as an alternative to the above headcount a school district may request the OSPI to increase the headcount by the difference in the number of ALE students, residing outside the district who physically attend the school for more than one hour per day, three days or more per week, compared to the number of ALE students, residing inside the district, that did not physically attend the school for more than one hour per day, three days or more per week.

Any school district requesting the above alternative calculation must do so on an OSPI school facilities and organization alternative calculation for alternative learning students form on or before December 31st of that year.

For purposes of this section (ALE) students shall be defined as in RCW 28A.150.325.

History

Statutory Authority: RCW 28A.150.290. WSR 12-20-014, § 392-343-025, filed 9/24/12, effective 10/25/12. Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-025, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-025, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-27-025, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-025, filed 10/17/83.

Wash. Admin. Code § 392-343-030 Applicable state funding assistance percentage for project.

Pursuant to the provisions of RCW 28A.525.168, the state funding assistance percentage used for the allocation of state moneys shall be the highest applicable rate based on the following criteria, determined by the calendar year in which each event occurs:

(1) Adoption of the school board resolution authorizing bond indebtedness and/or levies for the project;

(2) Passage of bonds and/or levies by the voters of the school district to provide the local share required for state funding assistance;

(3) Approval of the project by the superintendent of public instruction project approval. If approved before the funding assistance percentage for the new year is available, the previous calendar year funding assistance percentage will be applied; or

(4) Superintendent of public instruction approval to bid.

In the event that a district is otherwise eligible to receive approval to bid one or more projects but a lack of state funding assistance precludes the issuance of such approval(s), the district shall retain the higher state funding assistance percentage as provided for in this section for such approval(s). This provision shall apply to all projects having received project approval by the state board of education after September 1, 1997, or by the superintendent of public instruction after June 6, 2006.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-343-030, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-030, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-030, filed 7/25/06, effective 8/25/06
WSR 99-24-127, § 180-27-030, filed 12/1/99, effective 1/1/00
WSR 98-19-143, § 180-27-030, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-27-030, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-030, filed 10/17/83.

Wash. Admin. Code § 392-343-032 Growth impact fees and mitigation payments.

Notwithstanding the financial requirements of WAC 392-343-030, districts may use growth impact fees as provided for in RCW 82.02.020, 82.02.050 through 82.02.100, 58.17.060 and 58.17.110 and mitigation payments as provided for in RCW 43.21C.060 of the State Environmental Policy Act to assist in capital construction projects. The impact fees and payments collected pursuant to the above cited statutes may be used by the district to provide the local funding share required for state funding assistance and may not be substituted for the amount of state funding assistance that would otherwise be provided for school capital projects.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-032, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-032, filed 7/25/06, effective 8/25/06
WSR 00-04-007, § 180-27-032, filed 1/20/00, effective 2/20/00. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). WSR 94-01-030, § 180-27-032, filed 12/6/93, effective 1/6/94. Statutory Authority: RCW 28A.525.020 and 28A.525.164. WSR 91-12-056, § 180-27-032, filed 6/5/91, effective 7/6/91.

Wash. Admin. Code § 392-343-035 Space allocations.

(1) State funding assistance in the construction of school facilities for grades kindergarten through twelve and classrooms planned for the exclusive use of students with developmental disabilities shall be based on a space allocation per enrolled student and for state funding assistance purposes shall be computed in accordance with the following table:

| | Through June 30, 2006 | Beginning July 1, 2006 | | --- | --- | --- | | Grade or Area | Maximum Space Allocation Per Student | Maximum Space Allocation Per Student | | Grades kindergarten through six | 80 square feet | 90 square feet | | Grades seven and eight | 110 square feet | 117 square feet | | Grades nine through twelve | 120 square feet | 130 square feet | | Classrooms for students with developmental disabilities | 140 square feet | 144 square feet |

For purposes of this subsection, students with developmental disabilities shall be counted as one student for each such student assigned to a specially designated self-contained classroom for students with developmental disabilities for at least one hundred minutes per school day, calculated on actual headcount enrollment submitted to the superintendent of public instruction.

(2) State funding assistance for construction of vocational skill centers shall be based on one-half of students enrolled on October 1 and computed as follows:

| Type of Facility | Maximum Space Allocation Per One-Half Enrolled Student | | --- | --- | | Skill Centers | 140 square feet |

(3) Space allocation for state funding assistance purposes for districts with senior or four-year high schools with fewer than four hundred students shall be computed in accordance with the following formula:

| Number of Headcount Student-Grades 9-12 | Maximum Space Allocation Per Facility | | | --- | --- | --- | | 01-200 | | 42,000 square feet | | 201-300 | | 48,000 square feet | | 301-or more | | 52,000 square feet |

History

Statutory Authority: RCW 28A.552.020 [RCW 28A.525.020]. WSR 14-08-072, § 392-343-035, filed 3/31/14, effective 5/1/14. Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-035, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-343-035, filed 7/25/06, effective 8/25/06
WSR 05-19-108, § 180-27-035, filed 9/20/05, effective 10/21/05
WSR 01-19-044, § 180-27-035, filed 9/14/01, effective 10/15/01
WSR 98-19-143, § 180-27-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 84-11-047 (Order 6-84), § 180-27-035, filed 5/17/84
WSR 83-21-066 (Order 11-83), § 180-27-035, filed 10/17/83.

Wash. Admin. Code § 392-343-040 Square foot area analysis.

The square foot area analysis, when submitted for review by the superintendent of public instruction shall be calculated in accordance with WAC 392-343-019.

The analysis shall be reported on a form prepared by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 21-13-129, § 392-343-040, filed 6/22/21, effective 7/23/21
WSR 06-16-032, recodified as § 392-343-040, filed 7/25/06, effective 8/25/06
WSR 95-20-089, § 180-27-040, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.47.830. WSR 84-11-047 (Order 6-84), § 180-27-040, filed 5/17/84
WSR 83-21-066 (Order 11-83), § 180-27-040, filed 10/17/83.

Wash. Admin. Code § 392-343-045 Space allocations—Enrollment projection provisions.

In planning for construction of all school facilities, a school district shall estimate capacity needs on the basis of the following:

(1) A three or five-year cohort survival enrollment projection for growth districts, whichever is greater;

(2) A three or five-year cohort survival enrollment projection for a declining district, whichever is lesser;

(3) Actual enrollment of preschool students with developmental disabilities; and

(4) Supplemental information regarding district growth factors which may include but not be limited to the following types of information:

(a) County live birth rates;

(b) New housing starts;

(d) Economic/industrial expansion.

(5) For the purposes of this section, kindergarten students and students with developmental disabilities shall be counted as provided under WAC 392-343-035 and all other October student headcount (kindergarten through grade twelve students) shall be based on enrollment reported on the October P-223 form reported on or before the October due date. The headcount shall exclude alternative learning experience (ALE) students who reside outside the school district, as reported on the office of superintendent of public instruction (OSPI) school apportionment and financial services October alternative learning experience monthly enrollment report on or before the November due date.

History

Statutory Authority: RCW 28A.150.290. WSR 12-20-014, § 392-343-045, filed 9/24/12, effective 10/25/12. Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-045, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-045, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-045, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. WSR 92-24-027, § 180-27-045, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-045, filed 10/17/83.

Wash. Admin. Code § 392-343-050 Space allocations—Computing building capacity.

The net total area of a school facility eligible for state funding assistance shall be calculated as follows:

(1) The capacity of existing buildings within the district based on the school district's assigned grade spans shall be computed in accordance with the tables set forth in WAC 392-343-035 and the square foot area analysis set forth in WAC 392-343-040.

(2) The number of students projected at each grade span shall be multiplied by appropriate numbers of square feet as set forth in WAC 392-343-035. (Note: The area generated at each grade level determines district eligibility, if any.)

(3) The amount of housing the district is eligible to construct at each grade span is determined by subtracting the area computed in subsection (2) of this section from the existing housing capacity at each grade span in the school district. Using this formula, over housing at the secondary grade level, grades nine through twelve, or elementary grade level, kindergarten through eight, will not negatively affect unhoused eligibility at the elementary grade level or secondary grade level respectively.

(4) Appropriate grade assignment is a local determination.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-050, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-050, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-050, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. WSR 90-04-031, § 180-27-050, filed 1/30/90, effective 3/2/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-050, filed 10/17/83.

Wash. Admin. Code § 392-343-053 State moneys for studies and surveys.

State planning grant for school district studies and surveys conducted pursuant to chapter 392-341 WAC shall be available even though the superintendent of public instruction deems it necessary to order a priority approval process pursuant to WAC 392-343-054. At the beginning of each biennium, the superintendent of public instruction shall estimate the amount of money necessary for allocation to districts for studies and surveys and not make such money available for any other purpose. In the event the estimated amount proves to be insufficient, the superintendent shall set aside additional money.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-053, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-053, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 85-04-008 (Order 2-85), § 180-27-053, filed 1/25/85.

Wash. Admin. Code § 392-343-054 Implementation of priority approval process.

In the event the superintendent of public instruction determines that projected revenues, as calculated by the ceiling established in WAC 392-343-056(2), are insufficient to meet school construction needs of school districts for the ensuing state fiscal year, the superintendent of public instruction shall by order implement a priority approval process on final approval of additional school construction projects pursuant to WAC 392-344-107. Such priority approval process shall remain in effect until the order is rescinded by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-054, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-054, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 85-04-008 (Order 2-85), § 180-27-054, filed 1/25/85.

Wash. Admin. Code § 392-343-056 Funding during the period of a priority approval process order by the superintendent of public instruction.

During the period of a priority approval process imposed by order of the superintendent of public instruction school construction projects shall receive final approval pursuant to WAC 392-344-107 as follows:

(1) On or after July 1 following the superintendent of public instruction order for the implementation of a priority approval process the superintendent of public instruction shall rank all projects for which final approval has been requested pursuant to WAC 392-344-107 as per the applicable priority list in WAC 392-343-500. Only school construction projects with the superintendent of public instruction approval under WAC 392-341-045 and secured capital funds to provide the local share required for state funding assistance by January 31 of the previous state fiscal year and eligible for final approval pursuant to WAC 392-344-107 by June 30 of the previous state fiscal year shall be placed on the priority list.

(2) Each fiscal year the superintendent of public instruction shall give final approval to school construction projects on the priority list pursuant to WAC 392-344-107 based on the level and conditions of legislative appropriations. For the purpose of this subsection the term "estimated revenue available for the state fiscal year" shall mean the estimated revenue from the common school construction fund for the current state fiscal year and the subsequent state fiscal year, the result of which is divided by two.

(3) In the event the superintendent of public instruction does not rescind the order for the implementation of a priority approval process by the close of the state fiscal year, school construction projects remaining on the priority list without final approval and, therefore, without secured funding status pursuant to WAC 392-344-107 shall be combined with new school construction projects that have secured capital funds to provide the local share required for state funding assistance by January 31 of the state fiscal year and that are eligible, pursuant to WAC 392-344-107, for final approval by the close of the state fiscal year, and a new priority list shall be established on or after July 1 of the next state fiscal year and such remaining and new school construction projects shall be eligible for final approval pursuant to the provisions of subsections (1) and (2) of this section.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-056, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-056, filed 7/25/06, effective 8/25/06
WSR 99-24-127, § 180-27-056, filed 12/1/99, effective 1/1/00
WSR 98-23-033, § 180-27-056, filed 11/10/98, effective 12/11/98
WSR 98-19-143, § 180-27-056, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-056, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. WSR 85-04-008 (Order 2-85), § 180-27-056, filed 1/25/85.

Wash. Admin. Code § 392-343-05605 Additional funding during a period of a priority approval process.

Notwithstanding the provisions of WAC 392-343-056, if within any state fiscal year, that is the second year of a biennium, there is funding authority and revenue in excess of what is required for the priority list established pursuant to WAC 392-343-056, then there may be a subsequent priority list established in the same state fiscal year for the purpose of funding or encumbering funding only for those projects for which preliminary funded status had been granted prior to July 1 of that state fiscal year. The priority order shall be as per WAC 392-343-500 through 392-343-535.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-05605, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.200. WSR 95-16-076, § 180-27-05605, filed 7/28/95, effective 8/28/95. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. WSR 92-24-027, § 180-27-05605, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.525.020. WSR 90-24-068, § 180-27-05605, filed 12/5/90, effective 1/5/91.

Wash. Admin. Code § 392-343-05607 Funding for specifically appropriated projects during a period of a priority approval process.

Notwithstanding the provisions of WAC 392-343-056, if the State Capital Appropriations Act for any biennium makes a special, specific appropriation for a particular project or priority category, such projects, or projects within the priority category, shall be exempt from the time lines established by WAC 392-343-056 and may receive final approval pursuant to WAC 392-344-107 at any time, provided that the requirements of chapter 392-344 WAC have been complied with.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-05607, filed 7/25/06, effective 8/25/06
WSR 90-24-068, § 180-27-05607, filed 12/5/90, effective 1/5/91.

Wash. Admin. Code § 392-343-057 State funding assistance—Deferred payment.

In the event state funding assistance is not sufficient for a school district project, a school district may proceed at its own financial risk. At such time state funding assistance becomes available, reimbursement may be made for the project provided the provisions of chapter 392-344 WAC have been complied with.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-057, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-057, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-057, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.060, 28A.47.802 and 28A.47.830. WSR 89-22-007, § 180-27-057, filed 10/20/89, effective 11/20/89. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-057, filed 10/17/83.

Wash. Admin. Code § 392-343-059 Application of priority system to projects with and without preliminary funding status.

All projects with preliminary funding status pursuant to WAC 392-342-050 shall be approved pursuant to WAC 392-344-107 prior to projects without such status.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-059, filed 7/25/06, effective 8/25/06
WSR 90-24-068, § 180-27-059, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. WSR 85-24-048 (Order 25-85), § 180-27-059, filed 11/27/85.

Wash. Admin. Code § 392-343-060 Determining the construction cost allocation.

(1) The construction cost allocation for state funding assistance shall apply to the cost of construction of the total facility and grounds, including state sales and use taxes generally levied throughout the state of Washington and excluding those local option sales and use taxes levied by political subdivisions.

(2) The construction cost allocation used in calculating state funding assistance for construction of school facilities shall be determined by the superintendent of public instruction using the prior year's construction cost allocation, plus a construction inflation factor.

(3) The superintendent of public instruction's office shall work with appropriate parties to develop a method for determining the annual construction inflation factor.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-060, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-27-060, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. WSR 98-19-143, § 180-27-060, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 85-24-048 (Order 25-85), § 180-27-060, filed 11/27/85
WSR 84-11-047 (Order 6-84), § 180-27-060, filed 5/17/84
WSR 83-21-066 (Order 11-83), § 180-27-060, filed 10/17/83.

Wash. Admin. Code § 392-343-063 Annual review of actual construction costs of school projects.

The superintendent of public instruction on an annual basis shall review actual construction costs of school projects for consideration and possible action.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-063, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-27-063, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. WSR 85-24-048 (Order 25-85), § 180-27-063, filed 11/27/85.

Wash. Admin. Code § 392-343-065 Educational specifications.

(1) Only school facility projects which are complete new facilities or modernization projects pursuant to chapter 392-347 WAC are eligible for state funding assistance in the preparation of education specifications.

(2) The construction of interdistrict transportation cooperatives, or additions of less than fifteen thousand square feet to existing facilities, unless combined with modernization, are not eligible.

(3) The amount of state funding assistance for which a district is eligible for the preparation of educational specifications shall be the state funding assistance percentage multiplied by the greater of the following:

(a) One quarter of one percent of the construction cost allocation multiplied by the square foot area for the fiscal year funded; or

(b) Ten thousand dollars.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-065, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-065, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-27-065, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-065, filed 10/17/83.

Wash. Admin. Code § 392-343-070 Architectural and engineering services.

School districts shall select their architectural and engineering consultants in accordance with chapter 39.80 RCW. As required by RCW 39.80.050, the district shall negotiate a contract with the most qualified consultants at a price which the school district determines is fair and reasonable. In making its determination, the district shall take into account the estimated value of the services to be rendered based upon the scope and complexity of the project.

The state maximum allowable cost for architecture and engineering services shall be based on the latest edition of the American Institute of Architects Handbook of Professional Practice and calculated by the percentage(s) in relation to the square foot area of construction as calculated in WAC 392-343-040 and project type, as set forth below:

(1) New construction projects:

Architectural and Engineering Team Fee Funding Assistance

Limitations

| | Square Feet of Construction | Percent of Construction Cost | | | | --- | --- | --- | --- | --- | | 0 | - | 3,699 | | 10.0 | | 3,700 | - | 7,349 | | 9.0 | | 7,350 | - | 10,999 | | 8.75 | | 11,000 | - | 14,649 | | 8.5 | | 14,650 | - | 18,299 | | 8.25 | | 18,300 | - | 25,699 | | 8.0 | | 25,700 | - | 36,699 | | 7.75 | | 36,700 | - | 54,999 | | 7.5 | | 55,000 | - | 73,399 | | 7.25 | | 73,400 | - | 100,999 | | 7.0 | | 101,000 | - | 128,449 | | 6.75 | | 128,450 | - | 155,999 | | 6.5 | | 156,000 | - | 183,499 | | 6.25 | | 183,500 | & above | | 6.0 | |

(2) Modernization projects:

For modernization projects, the limits of state funding assistance shall be one and one-half times the amount calculated for new construction.

(3) Combination projects:

For those projects which include a combination of new construction and modernization, the limits of state participation shall be prorated as set forth in subsection (1) and (2) of this section.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-070, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-070, filed 7/25/06, effective 8/25/06
WSR 01-09-011, § 180-27-070, filed 4/6/01, effective 5/7/01
WSR 98-19-143, § 180-27-070, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). WSR 93-13-026, § 180-27-070, filed 6/10/93, effective 7/11/93. Statutory Authority: RCW 28A.47.830. WSR 84-07-036 (Order 1-84), § 180-27-070, filed 3/20/84
WSR 83-21-066 (Order 11-83), § 180-27-070, filed 10/17/83.

Wash. Admin. Code § 392-343-075 Energy conservation report.

In compliance with the provisions of chapter 39.35 RCW, school districts constructing school facilities shall complete an energy conservation report for any new construction or for additions to and modernization of existing school facilities, which will be reviewed in accordance with chapter 39.35 RCW, and approved by the school district board of directors. One copy of the executive summary of said approved energy conservation report shall be filed with the office of the superintendent of public instruction. The amount of state funding assistance for which a district is eligible for the preparation of the energy conservation report shall be the state funding assistance percentage multiplied by the fee charged, up to a maximum of the state funding assistance percentage multiplied by ten thousand dollars.

History

Statutory Authority: RCW 28A.525.020. WSR 21-13-129, § 392-343-075, filed 6/22/21, effective 7/23/21
WSR 10-09-008, § 392-343-075, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-343-075, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-075, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. WSR 92-24-027, § 180-27-075, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-075, filed 10/17/83.

Wash. Admin. Code § 392-343-080 Value engineering studies, constructability reviews, and building commissioning—Requirements and definition.

At the appropriate time in the design process for a school facility approved by the superintendent of public instruction, the district shall prepare a value engineering study, complete a constructability review, and perform building commissioning for all projects greater than 50,000 square feet. Value engineering studies and constructability reviews shall be optional for projects larger than 15,000 square feet but less than 50,000 square feet. Any project which includes 15,000 square feet or less shall be exempt from this requirement. For projects subject to chapter 39.35D RCW, building commissioning must be performed for all projects over 5,000 square feet. For the purpose of this section, a value engineering study is defined as a cost control technique which is based on the use of a systematic, creative analysis of the functions of the facility with the objective of identifying unnecessary high costs or functions and/or identifying cost savings that may result in high maintenance and operation costs. The study shall consist of one or more workshops involving a minimum of a five-person team pursuant to WAC 392-344-065. A constructability review is defined as a cost control technique which is based on the review of project documents by mechanical, electrical, structural, construction, and design professionals prior to a request for bids. The purpose of a constructability review is to identify potential claim or problem areas and deficiencies that may occur as a result of errors, ambiguities, omissions, discrepancies, and conflicts in design documents. The study shall consist of a 40-hour workshop involving a minimum of a five-person team pursuant to WAC 392-344-066. Building commissioning is defined as the process of verifying that the installation and performance of selected building systems meet or exceed the specified design criteria and therefore satisfy the design intent. Building commissioning shall include a physical inspection, functional performance testing, listing of noted deficiencies, and a final commissioning report. Building commissioning shall be performed by a professional agent or authority not contractually or otherwise financially associated with the project design team or contractor. A district shall be eligible for state funding assistance for a value engineering study, a constructability review, and building commissioning for each qualifying project.

(1) The maximum amount of state funding assistance for value engineering studies and constructability reviews of the study package shall be the state funding assistance percentage multiplied by the greater of the following:

(a) Two-fifths of one percent of the construction cost allocation multiplied by the square foot area for the fiscal year funded; or

(b) Twenty thousand dollars.

(2) The maximum amount of state funding assistance for building commissioning shall be:

(a) Seven thousand five hundred dollars for projects larger than 5,000 square feet but less than 10,000 square feet;

(b) Ten thousand dollars for projects 10,000 square feet but less than 15,000 square feet;

(i) Two-fifths of one percent of the construction cost allocation multiplied by the square foot area for the fiscal year funded; or

(ii) Twenty thousand dollars.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-343-080, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-080, filed 4/8/10, effective 5/9/10
WSR 08-09-023, § 392-343-080, filed 4/8/08, effective 5/9/08
WSR 06-16-032, amended and recodified as § 392-343-080, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-27-080, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. WSR 99-24-127, § 180-27-080, filed 12/1/99, effective 1/1/00
WSR 98-19-143, § 180-27-080, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-080, filed 10/17/83.

Wash. Admin. Code § 392-343-085 Construction cost savings—Sharing incentive.

The purpose of this section is to set forth provisions designed to further enhance cost effectiveness in the construction of exclusively new school facilities.

(1) Districts become eligible for a cost saving incentive equal to sixty percent of the state share of the construction cost savings if the cost of new construction at bid is less than the state maximum allowable construction cost as set forth in WAC 392-343-020 (2)(a).

(2) The state funding assistance fee for basic architectural and engineering services shall not be reduced if the project is bid and is awarded below the state maximum allowable costs for architectural and engineering services (WAC 392-343-070) or the cost contracted for between the school district and architect/engineer, whichever is less.

(3) Any project attached to or adjacent to or otherwise designed to operate in conjunction with an existing facility and which contains additional area equal to or less than fifty percent of the area in the existing facility shall be classified as an addition and shall not be eligible for the cost saving incentive option authorized in this section.

(4) Districts shall not be eligible for a cost-saving incentive where the entire project, or any part of the project, qualifies for state funding assistance under chapter 392-347 WAC.

(5) Receipt of a portion of the state share of construction cost savings shall not reduce the district's future eligibility and entitlement to state funding assistance in providing school facilities and shall not result in the district receiving more than one hundred percent of the cost of construction.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-085, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-085, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 85-24-048 (Order 25-85), § 180-27-085, filed 11/27/85
WSR 83-21-066 (Order 11-83), § 180-27-085, filed 10/17/83.

Wash. Admin. Code § 392-343-095 Support level—Furniture and equipment allowances.

(1) State funding assistance allowance for furniture and equipment purchases shall be added to total construction cost of an approved school facilities project. The amount of state funding assistance for which a district is eligible shall be the eligible square foot area of the project multiplied by the construction cost allocation for the fiscal year funded and that product multiplied by:

(a) Two percent for elementary schools;

(b) Three percent for middle and junior high schools;

(d) Five percent for facilities for students with developmental disabilities;

(e) Five percent for interdistrict cooperative occupational skill centers; and

(f) Seven percent for interdistrict transportation cooperatives.

(2) For those projects where the eligible square footage is allocated to grade spans which do not conform to those listed above, the equipment allowance shall be allocated based on eligibility as established in WAC 392-343-035.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-095, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-095, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-27-095, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. WSR 98-19-143, § 180-27-095, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-095, filed 10/17/83.

Wash. Admin. Code § 392-343-100 Special inspections and testing.

All special inspections and testing to be performed by independent sources as specified in the construction documents shall be allowed for state funding assistance in addition to the construction costs subject to the approval of the superintendent of public instruction. For the purposes of this section, special inspections shall be those special inspections required under the State Building Code.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-100, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-343-100, filed 7/25/06, effective 8/25/06
WSR 04-23-009, § 180-27-100, filed 11/4/04, effective 12/5/04. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-100, filed 10/17/83.

Wash. Admin. Code § 392-343-102 Construction management.

Prior to commencing with project design the district shall employ or contract personnel to perform professional construction management. Construction management shall be required for all projects greater than fifty thousand square feet and is optional for projects fifty thousand square feet or less. For the purpose of this section construction management is defined as the process of professional management applied to a construction program for the purpose of controlling time, cost, and quality.

The construction manager shall have appropriate and demonstrable experience in the management of construction projects including procurement, contract administration, scheduling, budgets, quality assurance, information management, and health and safety.

The amount of state funding assistance for which a district shall be eligible for construction management shall be the state funding assistance percentage multiplied by two and one-half percent of the construction cost allocation multiplied by the square foot area for the fiscal year funded.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-102, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-343-102, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-27-102, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. WSR 00-09-045, § 180-27-102, filed 4/14/00, effective 5/15/00
WSR 99-24-127, § 180-27-102, filed 12/1/99, effective 1/1/00.

Wash. Admin. Code § 392-343-105 Insurance.

All school facilities shall be insured. Should a district need to replace or repair a school facility destroyed or damaged, it will be the district's financial responsibility to replace or repair the number of square feet destroyed or damaged.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-343-105, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-105, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 86-04-067 (Order 3-86), § 180-27-105, filed 2/4/86
WSR 83-21-066 (Order 11-83), § 180-27-105, filed 10/17/83.

Wash. Admin. Code § 392-343-110 Support level—Federal moneys.

A school district determined to be eligible for moneys made available by acts of congress for school facility construction, including but not limited to Public Law 815 moneys, shall complete the following steps:

(1) Make application for such moneys, which requirement shall be prerequisite for a preliminary or provisional allocation of state funding assistance;

(2) Furnish evidence of the availability of such federal moneys, which requirement shall be a prerequisite for a final allocation of state moneys: Provided, That nothing in this section shall restrict a school district from receipt of federal moneys otherwise provided for specific purposes in accordance with the conditions imposed by the federal government incumbent upon the recipient school district; and

(3) Include the number of square feet in school facilities constructed with federal moneys and used for instructional purposes in the district's inventory which will decrease district eligibility for state funding assistance by an equal number.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-110, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-343-110, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-110, filed 10/17/83.

Wash. Admin. Code § 392-343-115 Support level—Additional state funding assistance.

State funding assistance in addition to the amount determined pursuant to WAC 392-343-020 may be allowed for the purposes and in accordance with the requirements set forth in this section: Provided, That in no case shall the state funding assistance exceed one hundred percent of the amount calculated for state funding assistance purposes: In each of the following exceptions, either at the time the project is approved pursuant to WAC 392-341-040 or at any time prior to receiving secured funding status pursuant to WAC 392-344-107, written school district application for additional state funding assistance and the superintendent of public instruction approval is required:

(1) A school facility subject to abatement and an order to vacate.

A school district required to replace a school facility determined to be hazardous to the safety and health of school children and staff—as evidenced by reports of architects or engineers licensed to practice in the state of Washington, the health agency having jurisdiction, and/or the fire marshal and building official having jurisdiction—shall be eligible for additional assistance if the voters of the school district authorize the issuance of bonds and/or the levying of excess taxes to meet the statutory limits. If the superintendent of public instruction determines that the voters of the school district have authorized the issuance of bonds to its legal limit, the superintendent of public instruction shall provide state funding assistance for the remaining cost of the building to a level not exceeding the construction cost allocation for the fiscal year funded: Provided, That at any time thereafter when the superintendent of public instruction finds that the capital financial position of such district has improved, the amount of the additional allocation provided pursuant to this subsection shall be recovered by deducting an amount equal to all or a portion of such additional allocation from any future state funding assistance which might otherwise be provided to such district.

(2) Interdistrict cooperative centers.

In the financing of interdistrict cooperative projects as set forth in chapter 392-345 WAC, the superintendent of public instruction shall allocate at seventy-five percent of the total approved project cost determined eligible for state funding assistance purposes if the planned school facility meets the following criteria:

(a) Provides educational opportunities, including vocational skills programs, not otherwise provided; or

(b) Avoids unnecessary duplication of specialized or unusually expensive educational programs or facilities.

(3) School housing emergency.

A school district found by the superintendent of public instruction to have a school housing emergency requiring an allocation of state funding assistance in excess of the amount allocable under the statutory formula may be considered for an additional allocation of state funding assistance: Provided, That the school district must have authorized the issuance of bonds to its legal capacity to meet the statutory and the superintendent of public instruction fiscal requirements for state funding assistance in providing school facilities.

The total amount of state funding assistance allocated shall be the total approved project cost determined eligible for state funding assistance purposes multiplied by the districts' regular state funding assistance percentage as calculated pursuant to RCW 28A.525.166 plus twenty percent and not to exceed ninety percent in total: Provided further, That at any time thereafter when the superintendent of public instruction finds that the capital financial position of such district has improved, the amount of the additional allocation provided pursuant to this subsection shall be recovered by deducting an amount equal to all or a portion of such additional allocation from any future state school facility construction funds which might otherwise be provided to such district.

(4) Improved school district organization.

If two or more school districts reorganize into a single school district and the construction of new school facilities results in the elimination of a small high school with a full-time equivalent enrollment in grades 9-12 of less than four hundred students and/or an elementary school with a full-time equivalent enrollment of less than one hundred students, the superintendent of public instruction shall provide state funding assistance based on the total approved cost of the project at seventy-five percent.

(5) Racial imbalance.

Any school district that contains a school facility which is racially imbalanced as defined in WAC 392-342-025 shall receive state funding assistance under this subsection in the amount of an additional ten percentage points above the state funding assistance percentage as calculated pursuant to RCW 28A.525.116 (b) and (c) which will not exceed a total of ninety percent of the total approved cost of construction: Provided, school construction projects for racial balance that meet the following conditions shall be provided state funding assistance at seventy-five percent of the construction cost allocation for the fiscal year funded under the provisions of this subsection as they existed prior to the amendment of this subsection in 1993:

(a) Voter approved local funds were authorized before December 31, 1992;

(b) The superintendent of public instruction approved a comprehensive desegregation plan with specific construction and modernization projects under additional state funding assistance criterion in effect at that time, which will be identified on or before September 15, 1993; and

(c) The superintendent of public instruction confirms at the time of project approval pursuant to WAC 392-341-040 the continued existence of racial balance needs.

In the case of a school district which contains a racially imbalanced school facility the district must demonstrate that, as a result of new construction or modernization, the particular school facility will no longer be racially imbalanced, that the combined minority enrollment in the particular school facility will be reduced by more than ten percentage points, and that the above stated results will be obtained as a direct result of increased enrollment of nonminority students in the particular school facility: Provided, That the particular school facility shall remain racially balanced for a period of at least five years after the date of actual building occupancy: Provided further, That if the superintendent of public instruction finds that the school facility does not remain racially balanced for five years then the amount of additional state funding assistance provided pursuant to this subsection shall be recovered by deducting an amount equal to all of the additional allocation from any future state funding assistance which might otherwise be provided to such district.

(6) Any project that has received approval for additional state funding assistance under provisions of this section as they existed prior to the amendment of this section in 1993 shall retain authorization for additional state funding assistance under the provisions in effect at the time of such approval.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-115, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-115, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-27-115, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. WSR 98-19-143, § 180-27-115, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 28A.525.166(4). WSR 93-20-067, § 180-27-115, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.525.020 and 28A.525.164. WSR 91-12-059, § 180-27-115, filed 6/5/91, effective 7/6/91. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-27-115, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-115, filed 12/19/89, effective 12/19/89. Statutory Authority: RCW 28A.47.830. WSR 85-24-048 (Order 25-85), § 180-27-115, filed 11/27/85
WSR 83-21-066 (Order 11-83), § 180-27-115, filed 10/17/83.

Wash. Admin. Code § 392-343-120 Costs to be financed entirely with school district funds.

The cost of the following areas, facilities, and items shall not be eligible for state funding assistance:

(1) The cost of area in excess of the space allocations as set forth in WAC 392-343-035;

(2) Acquisition cost of site;

(3) Maintenance and operation;

(4) Alterations, repair, and demolitions, except alterations necessary to connect new construction to an existing building;

(5) Central administration buildings;

(6) Stadia/grandstands;

(7) Costs incidental to advertising for bids, site surveys, soil testing for site purchase, and costs other than those connected directly with the construction of facilities;

(8) Bus garages, except interdistrict cooperatives;

(9) Sales and/or use taxes levied by local governmental agencies other than those sales and/or use taxes levied by the state of Washington;

(10) All costs in excess of state allocations established by the superintendent of public instruction for state funding assistance in financing school construction; and/or

(11) All costs associated with the purchase, installation, and relocation of portable classrooms.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-120, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-120, filed 7/25/06, effective 8/25/06
WSR 04-23-009, § 180-27-120, filed 11/4/04, effective 12/5/04
WSR 98-19-143, § 180-27-120, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-120, filed 10/17/83.

Wash. Admin. Code § 392-343-125 Unforeseen costs.

The superintendent of public instruction shall not provide additional state funding assistance for unforeseen circumstances related to the construction project after the filing of construction contract(s) with the superintendent of public instruction except those required by change to the state building code as set forth in chapter 19.27 RCW.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-125, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-125, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-066 (Order 11-83), § 180-27-125, filed 10/17/83.

Wash. Admin. Code § 392-343-405 Instructional space inventory of school facilities—Eligibility.

For purposes of determining district eligibility for state funding assistance for the new construction of school facilities, except for the new construction of school facilities for which an acceptable Form D-3 project request was on file with the superintendent of public instruction and local funds were secured prior to March 31, 1989, the superintendent of public instruction shall establish and maintain an instructional space inventory of all school facilities within the state of Washington. Such listing shall consist of the following:

(1) Facility name;

(2) Location (address);

(3) Gross square footage;

(4) Gross square footage of available instructional space (if different than subsection (3) of this section);

(5) Date of construction, additions, and/or modernizations; and

(6) Grade spans served in the facility.

School facilities that are surplus and under lease per the provision of RCW 28A.335.040 are considered to be available for instructional activities and shall be included in the instructional space inventory.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-405, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-343-405, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-27-405, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-405, filed 12/19/89, effective 12/19/89.

Wash. Admin. Code § 392-343-410 Removal from instructional space inventory—Demolition.

A school facility shall be removed from the superintendent of public instruction active instructional space inventory five years after it has been demolished under the following conditions:

(1) The facility is at least forty years old.

(2) The facility is determined to be surplus to the needs of the district by the local school board.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-343-410, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-410, filed 12/19/89, effective 12/19/89.

Wash. Admin. Code § 392-343-415 Removal from instructional space inventory—Sale or long-term lease of building.

A school facility shall be removed from the superintendent of public instruction's instructional space inventory five years after it has been sold or long-term leased under the following conditions:

(1) The facility is determined to be surplus to the needs of the district by the local school board.

(2) The sale or lease is in compliance with the requirements of chapter 28A.335 RCW.

For purposes of this section a long-term lease is defined as having a term of no less than forty years.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-343-415, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-415, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-27-415, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-415, filed 12/19/89, effective 12/19/89.

Wash. Admin. Code § 392-343-420 Removal from instructional space inventory—Conversion.

Instructional space shall be removed from the superintendent of public instruction's instructional space inventory sixty months after it has been converted from instructional use under the following conditions:

(1) The facility is determined to be surplus to the needs of the district by the local school board; and

(2) The school facility is not needed for instructional use by a neighboring district.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-343-420, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-420, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. WSR 90-01-076, § 180-27-420, filed 12/19/89, effective 12/19/89.

Wash. Admin. Code § 392-343-425 Removal from instructional space inventory—Replacement.

A school facility shall be removed from the superintendent of public instruction's instructional space inventory after it has been replaced with a school facility accepted by the school district board of directors on a square footage basis through one of the following actions:

(1) The replacement school facility is wholly financed with local funds; or

(2) The replacement school facility is constructed with state funding assistance authorized under the authority of chapter 392-347 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-425, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-425, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-425, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. WSR 90-04-031, § 180-27-425, filed 1/30/90, effective 3/2/90.

Wash. Admin. Code § 392-343-500 State funding assistance—Priorities after June 30, 1992.

The priority system for the funding of school construction projects after June 30, 1992, shall be as follows: For all new construction and modernization projects for school districts, there will be a unique priority score determined by the elements and formulas contained in WAC 392-343-505 through 392-343-520. The total score shall be used to rank all projects that have secured local funding and state board of education approval after January 26, 1991, or the superintendent of public instruction approval after June 6, 2006, and are otherwise eligible for state funding assistance. The elements are divided into three groups:

(1) Common elements;

(2) New construction for growth elements; and

(3) Modernization or new-in-lieu of modernization elements.

In the case of a combined project (i.e., new construction for growth and modernization), the respective scores in each group will be prorated on the basis of each group's related gross square footage in the total project.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-500, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-500, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-500, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-500, filed 8/3/92, effective 9/3/92.

Wash. Admin. Code § 392-343-505 State funding assistance—Common priority elements.

The four priority elements that are common to all projects are as follows:

(1) Type of space - Ten possible points. In this element the net assignable square feet (NASF) of a project are identified by planned space inventory category. Category One is space used for scheduled instruction and libraries (classrooms, laboratories, PE teaching space, libraries, and learning resource centers). Category Two is space used in support of instruction (assembly, student services, office space, and classroom/lab service and support). Category Three space is cafeteria/food service, spectator seating, covered play areas, and general support space. The formula for determining points prorates the NASF with weightings of ten for Category One, seven for Category Two, and four for Category Three as shown below.

| NASF of Category One | X | 10 points = X | | --- | --- | --- | | NASF of Category Two | X | 7 points = X | | NASF of Category Three | X | 4 points = X |

Then: The sum of X divided by the sum of NASF equals points.

(2) Local priority - Five points. For this element, five maximum points are awarded to the district's first priority project. Each priority from there has one point deducted from it, to a minimum of zero points awarded.

(3) Joint funding - Five possible points. A binding agreement between the school district and another governmental entity for the joint financing of new construction or modernization of space which is not otherwise eligible for state funding assistance.

| Total Project Cost Up to $1,000,000 | Required Joint Funding 25% of total project cost | | --- | --- | | Between $1,000,000 and $2,000,000 | $275,000 | | Between $2,000,000 and $3,000,000 | $300,000 | | Between $3,000,000 and $4,000,000 | $325,000 | | Between $4,000,000 and $5,000,000 | $350,000 | | Between $5,000,000 and $6,000,000 | $375,000 | | Between $6,000,000 and $7,000,000 | $400,000 | | Between $7,000,000 and $8,000,000 | $425,000 | | Between $8,000,000 and $9,000,000 | $450,000 | | Between $9,000,000 and $10,000,000 | $475,000 | | $10,000,000 and over | $500,000 |

(4) Modified calendar or schedule - Five possible points. For this element, up to five points utilizing the table below will be awarded to a project in a district which has adopted a modified school calendar or schedule that enables more students to use school buildings each year over what current state capacity standards at WAC 392-343-035 recognize for state funding assistance purposes. The modified calendar or schedule shall utilize either extended school day or additional days for instruction in the year. The enrollment percentage shall be calculated on the same grade span groupings as for eligibility in WAC 392-343-050. For the purpose of this subsection, the enrollment shall include all students enrolled at the facility as opposed to only those students in attendance.

| Enrollment Percentage Increase Over Capacity | Priority Points | | | --- | --- | --- | | 20 to above | | 5 | | 16 to 19.9 | | 4 | | 12 to 15.9 | | 3 | | 8 to 11.9 | | 2 | | 4 to 7.9 | | 1 | | Below 4 | | 0 |

The scores for this group of elements will be determined after district compliance with the requirements of WAC 392-344-107.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-505, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-505, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-505, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1993 [1992] c 233 § 24 (8)(e). WSR 93-04-019, § 180-27-505, filed 1/26/93, effective 2/26/93. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-505, filed 8/3/92, effective 9/3/92.

Wash. Admin. Code § 392-343-510 State funding assistance—New construction for growth priority factors.

The three factors that are related to new construction for growth are as follows:

(1) Projected percent unhoused - Fifty-five possible points. The district percent unhoused five years in the future is based on the projection of enrollment per WAC 392-343-045 for two grade categories, including preschool special education, compared to the formula capacity of existing space based on WAC 392-343-035 as computed per WAC 392-343-050.

If the projected district percent unhoused for the applicable grade category is equal to or greater than forty percent, full points are awarded. If the projected district percent unhoused is less than five percent but greater than zero percent, then a minimum of fifteen points are awarded. If the projected percent unhoused is between five percent and forty percent, then the forty remaining points (55-15) are proportionately awarded.

(2) Mid-range projection - Five possible points. This factor is to recognize the degree of immediacy of a district's capacity problem. The district's point score in subsection (1) of this section is first multiplied by .091 to reflect the relationship between the fifty-five possible points in subsection (1) of this section and the five points in this subsection. This produces the maximum points a project can be awarded in this factor. The actual points are determined by the relationship between the district's unhoused percentage three years in the future divided by the unhoused percentage five years in the future. For example, if a district received 43.57 points in subsection (1) of this section due to a projected thirty percent unhoused condition and its three-year projection is that it will be twenty-four percent unhoused, it will receive 3.17 points (i.e., ((42.57 x .091) x (24 percent/30 percent)) = 3.17).

(3) Number of years unhoused - Five possible points. This factor is to recognize the duration of an unhoused problem. One point is awarded for each year the district has had an unhoused condition in the applicable grade category during the past five years, up to the five points maximum.

The scores shall be determined at the time of project approval per WAC 392-341-045. These scores shall be carried for a period of twenty-four months, at which time new scores shall be determined utilizing the then most current enrollment projections and facts. A district may request a redetermination of scores at any time.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-510, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-510, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-510, filed 8/3/92, effective 9/3/92.

Wash. Admin. Code § 392-343-515 Modernization or new-in-lieu of modernization priority elements.

School district projects with secured funding assistance as of July 2018. The two priority elements that are related to modernization or new-in-lieu projects are as follows:

(1) Health & safety - Twenty possible points. A maximum of twenty points are awarded based on the assessment contained in the

Health and Safety Assessment form (WAC 392-343-535). In cases where projects affect multiple buildings, the health and safety score is weighted by the proportion of gross square feet (GSF) affected.

(2) Condition of building - Thirty possible points. The total points are based on the building condition assessment (BCA) as recorded in the superintendent of public instruction's information and condition of schools (ICOS) system (WAC 392-343-535). If the building condition score is thirty-one or less, the maximum thirty points are awarded to the project. If the condition score is ninety-one or more, no points are awarded. If the condition score is from thirty-two to ninety, the condition score is subtracted from ninety-one and multiplied by fifty percent to determine the points. In cases where projects affect multiple buildings, the BCA score is weighted by the proportion of gross square feet (GSF) affected.

The scores shall be determined at the time of project approval per WAC 392-341-045. These scores shall be carried until the district requests a redetermination.

History

Statutory Authority: RCW 28A.525.020. WSR 17-17-165, § 392-343-515, filed 8/23/17, effective 9/23/17
WSR 10-09-008, § 392-343-515, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-515, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-515, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-515, filed 8/3/92, effective 9/3/92.

Wash. Admin. Code § 392-343-525 State funding assistance—Priorities for co-ops.

For cooperative projects approved by the superintendent of public instruction under the authority of chapters 392-345 and 392-346 WAC, the following priority scores shall be assigned with similar projects ranked in order of date of approval with the earliest date ranked highest:

| Type of Interdistrict Cooperative Facility | Priority Score | | --- | --- | | Vocational Skill Centers | 25 | | Transportation Centers | 10 | | Other Cooperative Facilities | 20 |

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-525, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-525, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-525, filed 8/3/92, effective 9/3/92.

Wash. Admin. Code § 392-343-530 Type of school space—Determination.

In order to determine the inventory space category of net assignable square feet for priority scoring purposes in WAC 392-343-505, the category use for which the space is designated by the district shall be the assigned category. When inventory space has been designated and scheduled for multiple purposes, the category for priority scoring purposes shall be the primary scheduled use.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-530, filed 7/25/06, effective 8/25/06
WSR 98-19-143, § 180-27-530, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-530, filed 8/3/92, effective 9/3/92.

Wash. Admin. Code § 392-343-535 Existing building condition—Assessment.

School district projects with secured funding assistance as of July 2018. Building condition assessment (BCA) and health and safety assessments for purposes of determining priority scores and completing building inventories shall be conducted and reported to the superintendent of public instruction. Assessment scores shall be recorded in the superintendent of public instruction's information and condition of schools (ICOS) system and on reporting forms for building type, history, equipage, condition, and health and safety factors, that shall be adopted and subject to revision from time to time by the superintendent of public instruction. The information provided by the district on these forms shall be subject to review by the staff or agents of the superintendent of public instruction, or to audit by the state auditor. Compliance with this requirement for all schools in a district is a requirement for the receipt of any state construction funding assistance for projects approved after January 26, 1991.

History

Statutory Authority: RCW 28A.525.020. WSR 17-17-165, § 392-343-535, filed 8/23/17, effective 9/23/17
WSR 10-09-008, § 392-343-535, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-535, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-27-535, filed 8/3/92, effective 9/3/92.

Wash. Admin. Code § 392-343-600 Emergency repair grant applications—Definitions—"Emergency repair," "imminent health and safety hazards," and "local funding."

As used in WAC 392-343-605 through 392-343-615:

(1) The term "emergency repair" means a repair to a school building necessitated by causes specified in any current biennial appropriation.

(2) The term "imminent health and safety hazard" means a threat of immediate physical injury to the occupants of a building.

(3) The term "local funding" means insurance settlements, litigation proceeds in excess of costs, any unreserved general fund balance in excess of $200/FTE student for first class districts or $500/FTE student for second class districts as reported in the most recently available annual fiscal report (F196), any unobligated, unreserved capital fund balance, any capital funds reserved for uninsured risk, and any unused voter-approved bond capacity. Districts shall not be required to pass bond or levy issues or incur nonvoted debt in order to qualify for these funds.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-600, filed 7/25/06, effective 8/25/06
WSR 99-24-127, § 180-27-600, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. WSR 95-20-088, § 180-27-600, filed 10/4/95, effective 11/4/95.

Wash. Admin. Code § 392-343-605 Emergency repair grant applications—Contents of applications.

The superintendent of public instruction may allocate any funds specifically appropriated for this purpose by the legislature to school districts for emergency repair projects for school buildings which present imminent health and safety hazards for building occupants in accordance with the following process and eligibility criteria:

(1) A school district board of directors shall approve and present to the superintendent of public instruction a written application for emergency repair funding on a form provided by the superintendent of public instruction.

(2) The application and accompanying documentation shall include, but not be limited to:

(a) Certification of the unrestricted balance, if any, of the district's general fund and capital projects fund and that all avenues of local funding have been exhausted;

(b) A determination and description of available alternative housing options for occupants of the building;

(d) A detailed description of the nature and extent of the imminent health and safety hazards that exist, and the extent they would be alleviated by the emergency repair;

(e) Evidence that the district is aggressively pursuing civil remedies against the responsible party or parties as appropriate;

(f) Certification by a health official, fire official, building official, labor and industries official or other independent and competent authority that an imminent health and safety hazard to building occupants of a specified nature and extent exists unless the emergency repairs are made; and

(g) The estimated cost of the emergency repairs based upon an estimate made by two or more independent, qualified cost estimators.

(h) A plan for repayment of the grant.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-605, filed 7/25/06, effective 8/25/06
WSR 99-24-127, § 180-27-605, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. WSR 95-20-088, § 180-27-605, filed 10/4/95, effective 11/4/95.

Wash. Admin. Code § 392-343-610 Emergency repair grant applications—The superintendent of public instruction approval/disapproval.

The superintendent of public instruction shall determine whether or not an application shall be funded and, if so, the amount to be funded. The superintendent of public instruction shall make the final decisions respecting emergency repair applications and grants.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-343-610, filed 7/25/06, effective 8/25/06
WSR 99-24-127, § 180-27-610, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. WSR 95-20-088, § 180-27-610, filed 10/4/95, effective 11/4/95.

Wash. Admin. Code § 392-343-615 Emergency repair grant applications—Repayment conditions.

Grants of emergency repair moneys shall be conditioned upon the written commitment and plan of the school district board of directors to repay the grant by waiving the school district's current or future eligibility for state funding assistance under chapters 392-341 through 392-347 WAC, or with insurance payments, or with any judgment(s) that have been awarded, or with other means and sources of repayment. Any such written commitment and plan for repayment may subsequently be modified by mutual agreement between the school district board of directors and the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-343-615, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-343-615, filed 7/25/06, effective 8/25/06
WSR 99-24-127, § 180-27-615, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. WSR 95-20-088, § 180-27-615, filed 10/4/95, effective 11/4/95.

Chapter 392-344 State assistance in providing school plant facilities—Procedural regulations.

Wash. Admin. Code § 392-344-005 Authority.

This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of allotments to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provision of chapter 28A.525 RCW currently applicable to state funding assistance for school plant facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-005, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-005, filed 7/25/06, effective 8/25/06
WSR 98-19-141, § 180-29-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-29-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-005, filed 10/17/83.

Wash. Admin. Code § 392-344-010 Purpose.

The purpose of this chapter is to set forth the procedures governing all applications for state funding assistance, allocations of state funds, and disbursements by school districts and the superintendent of public instruction for school facility projects approved for state funding assistance by the superintendent of public instruction. The superintendent of public instruction shall prescribe and furnish forms for the purposes set forth in this chapter.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-010, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-010, filed 10/17/83.

Wash. Admin. Code § 392-344-012 Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-012.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-012, filed 7/25/06, effective 8/25/06
WSR 01-08-040, § 180-29-012, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 392-344-013 Waiver of rules to facilitate school seismic safety program projects.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-013.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-344-013, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-344-021 Deadline for submission of agenda items.

All items related to the approval of school facilities and requiring action by the superintendent of public instruction shall be submitted to the superintendent of public instruction no later than sixty days prior to the date of any regular superintendent of public instruction meeting at which action is expected.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-021, filed 7/25/06, effective 8/25/06
WSR 98-19-141, § 180-29-021, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 85-24-050 (Order 27-85), § 180-29-021, filed 11/27/85.

Wash. Admin. Code § 392-344-025 Superintendent of public instruction review.

Upon completion of the study and survey by the superintendent of public instruction and review by district board of directors, the study and survey and an application for state funding assistance from the district for the project(s) to be considered shall be reviewed by the superintendent of public instruction. Superintendent of public instruction approval of a proposed project(s) shall establish the maximum eligible area and estimated amount of state funding assistance based upon the information furnished in the study and survey.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-025, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-025, filed 7/25/06, effective 8/25/06
WSR 98-19-141, § 180-29-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-025, filed 10/17/83.

Wash. Admin. Code § 392-344-035 Site.

(1) The district shall provide the superintendent of public instruction with certification from the district board of directors that the site will not create or aggravate racial imbalance.

(2) Review of the site by the superintendent of public instruction as required by chapter 392-342 WAC shall be completed prior to issuance of preliminary funding status.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-035, filed 7/25/06, effective 8/25/06
WSR 98-19-141, § 180-29-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-035, filed 10/17/83.

Wash. Admin. Code § 392-344-040 Educational specifications.

Prior to the commencement of the design of the proposed school facility, the school district shall cause to be prepared the educational specifications pursuant to chapter 392-342 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-040, filed 7/25/06, effective 8/25/06
WSR 99-24-126, § 180-29-040, filed 12/1/99, effective 1/1/00
WSR 99-18-107, § 180-29-040, filed 9/1/99, effective 10/2/99. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-040, filed 10/17/83.

Wash. Admin. Code § 392-344-045 Notice to proceed with design.

After completion of the educational specifications review process as set forth in WAC 392-344-040 and after review of the site, the superintendent of public instruction shall transmit to the school district a notice to proceed with the design of the school facility.

History

Statutory Authority: RCW 28A.525.020. WSR 21-15-045, § 392-344-045, filed 7/14/21, effective 8/14/21
WSR 06-16-032, amended and recodified as § 392-344-045, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-045, filed 10/17/83.

Wash. Admin. Code § 392-344-050 Educational specifications contracts.

Contracts between the school district and the educational specifications consultant, if any, shall stipulate the amount of fee and the consultant's duties, i.e., scope of work, to be performed as required in chapter 392-342 WAC set forth.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-050, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-050, filed 10/17/83.

Wash. Admin. Code § 392-344-055 Architect-engineer contracts.

Architects and engineers employed on approved school facility projects involving state school funding assistance shall be licensed to practice in the state of Washington. Contract(s) between the school district and the architects and engineers shall stipulate the maximum amount of the fee and the duties, i.e., scope of work, to be performed as required in chapter 392-343 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-055, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-055, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-055, filed 10/17/83.

Wash. Admin. Code § 392-344-060 Energy conservation report contracts.

Contracts between the school district and the energy conservation consultant, if not included in the architect-engineer contract for professional services, shall stipulate the amount of fee and the consultant's duties, i.e., scope of work, to be performed as required by chapter 392-343 WAC set forth.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-060, filed 10/17/83.

Wash. Admin. Code § 392-344-065 Value engineering contracts.

Value engineering consultants employed on approved school facilities projects shall include a value engineering team coordinator/leader qualified by the Society of American Value Engineers to manage and coordinate a value engineering study. Contracts between the school district and the value engineering consultant shall stipulate the amount of the fee and the consultant's duties, i.e., scope of work, to be performed as in chapter 392-343 WAC set forth.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-065, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-065, filed 10/17/83.

Wash. Admin. Code § 392-344-066 Constructability review contracts.

Consultants performing constructability reviews on approved school facilities shall utilize an independent multidiscipline team and shall have a minimum of five years of experience providing constructability reviews of equivalent size projects. Contracts between the school district and the consultant shall stipulate the amount of the fee and the consultant's duties to be performed as in chapter 392-343 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-066, filed 7/25/06, effective 8/25/06
WSR 99-24-126, § 180-29-066, filed 12/1/99, effective 1/1/00.

Wash. Admin. Code § 392-344-067 Building commissioning contracts.

Consultants performing building commissioning on approved school facilities shall incorporate the attributes of the building commissioning association in their commissioning program. Contracts between the school district and the consultant shall stipulate the amount of the fee and the consultant's duties to be performed as in chapter 392-343 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-067, filed 7/25/06, effective 8/25/06
WSR 99-24-126, § 180-29-067, filed 12/1/99, effective 1/1/00.

Wash. Admin. Code § 392-344-068 Construction management.

A school district shall employ or contract for professional construction management pursuant to chapter 392-343 WAC. Construction managers shall have recent demonstrable experience on projects of similar size and type. Construction managers hired as employees of the district shall have employment agreements clearly stipulating the duties and responsibilities of the employee. Contracts between the school district and outside consultants shall stipulate the amount of the fee and the consultant's duties to be performed as in chapter 392-343 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-068, filed 7/25/06, effective 8/25/06
WSR 00-04-008, § 180-29-068, filed 1/20/00, effective 2/20/00.

Wash. Admin. Code § 392-344-075 Contracts—Filing.

The school district shall submit to the superintendent of public instruction one copy of the following contracts for projects approved by the superintendent of public instruction for state funding assistance:

(1) Educational specifications (WAC 392-344-050);

(2) Architect-engineer (WAC 392-344-055);

(3) Energy conservation report (WAC 392-344-060);

(4) Value engineering (WAC 392-344-065);

(5) Constructability review (WAC 392-344-066);

(6) Building commissioning (WAC 392-344-067);

(7) Construction management (WAC 392-344-068).

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-075, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-075, filed 7/25/06, effective 8/25/06
WSR 99-24-126, § 180-29-075, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-075, filed 10/17/83.

Wash. Admin. Code § 392-344-080 Construction documents—Bids and contract provisions.

The construction documents shall include the following bid and contract provisions:

(1) Separate or combined bids. The school district shall determine if the bids for general, mechanical, or electrical are to be separate or combined.

(2) Combination projects. For those projects which include a combination of both new construction and modernization, bid documents shall provide for separate and distinct bids for each and shall, when combined, be the low bid for the project.

(3) Ineligible items. Items ineligible for state funding assistance shall be bid separate or as an alternate.

(4) Bid law. All items included in the construction documents shall be bid in accordance with RCW 28A.335.190 and 43.19.1906.

(5) Builder's risk insurance. Provision for builder's risk insurance is mandatory for all school facilities under construction. The insurance shall cover at a minimum the amount of the work in place and materials to be used in the project which is in place and on the site. A certificate of insurance shall be submitted to the superintendent of public instruction that insurance is provided for by the contractor or the school district. Only costs for builder's risk insurance provided for in the construction documents will be eligible for state funding assistance.

History

Statutory Authority: RCW 28A.525.020. WSR 17-24-089, § 392-344-080, filed 12/5/17, effective 1/5/18
WSR 10-09-008, § 392-344-080, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-344-080, filed 7/25/06, effective 8/25/06
WSR 98-23-034, § 180-29-080, filed 11/10/98, effective 12/11/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-29-080, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-080, filed 10/17/83.

Wash. Admin. Code § 392-344-085 Construction and other documents—Submittal.

School district projects with secured funding assistance as of July 2018. (1) For the purpose of determining that the provisions set forth in chapters 392-341 through 392-344 and 392-347 WAC have been complied with prior to the opening of bids of any project to be financed with state funding assistance, the school district shall have on file with the superintendent of public instruction the following:

(a) One digital copy of selected bid documents to include general conditions and bid forms, site plans, floor plans with room names and numbers, and other bid documents when requested by OSPI for specific projects;

(b) Cost estimate of construction on a form approved by the superintendent of public instruction, completed and signed by the architect-engineer;

(d) Area analysis on a form approved by the superintendent of public instruction in accordance with chapter 392-343 WAC;

(e) Complete listing of construction special inspections and/or testing to be performed by independent sources that are included in the project pursuant to WAC 392-343-100;

(f) School district board acceptance of a value engineering report and its implementation.

The report shall include the following:

(i) A brief description of the original design;

(ii) A brief description of the value engineering methodology used;

(iii) The areas analyzed;

(iv) The design alternatives proposed;

(v) The cost changes proposed;

(vi) The alternates accepted; and

(vii) A brief statement explaining why each alternate not accepted was rejected;

(g) Certification by the school district that a constructability review report was completed.

The report shall include:

(i) A brief description of the constructability review methodology used;

(ii) The area analyzed;

(iii) The recommendations accepted; and

(iv) A brief statement explaining why each recommendation not accepted was rejected;

(h) Completed building condition assessment (BCA) as required by WAC 392-343-535 for every school facility in the district.

(i) Completed health and safety assessment as required by WAC 392-343-535, of existing buildings for which state funding assistance is being requested.

(2) If the above documents reflect an increase in square foot size from the application approved by the superintendent of public instruction as per WAC 392-344-025 which will result in an increase in state funding assistance, a new application must be submitted to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 21-15-045, § 392-344-085, filed 7/14/21, effective 8/14/21
WSR 17-17-165, § 392-344-085, filed 8/23/17, effective 9/23/17
WSR 10-09-008, § 392-344-085, filed 4/8/10, effective 5/9/10
WSR 08-20-008, § 392-344-085, filed 9/18/08, effective 10/19/08
WSR 06-16-032, amended and recodified as § 392-344-085, filed 7/25/06, effective 8/25/06
WSR 00-18-060, § 180-29-085, filed 9/1/00, effective 10/2/00
WSR 99-24-126, § 180-29-085, filed 12/1/99, effective 1/1/00
WSR 98-19-141, § 180-29-085, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). WSR 92-16-058, § 180-29-085, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-085, filed 10/17/83.

Wash. Admin. Code § 392-344-090 Construction documents—Other governmental agency approval.

The construction documents shall be submitted for the approval of the following other governmental agencies:

(1) Fire marshal or fire chief having jurisdiction when permitted by the state fire marshal;

(2) Department of labor and industries or local jurisdiction when permitted by the department of labor and industries (electrical);

(3) Health agency having jurisdiction;

(4) Department of ecology or the local agency having jurisdiction for environmental approvals (when applicable); and

(5) Building official having jurisdiction.

Approvals shall be in respect to compliance with pertinent rules and regulations established by said agencies.

Written approvals of the construction documents by the agencies shall be submitted to the superintendent of public instruction in accordance with WAC 392-344-085.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-090, filed 7/25/06, effective 8/25/06
WSR 98-23-035, § 180-29-090, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). WSR 94-01-014, § 180-29-090, filed 12/3/93, effective 1/3/94. Statutory Authority: RCW 28A.47.802. WSR 84-21-003 (Order 11-84), § 180-29-090, filed 10/4/84. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-090, filed 10/17/83.

Wash. Admin. Code § 392-344-095 Construction documents—Compliance with public works statutory provisions.

The construction documents shall provide for compliance by the contractor with pertinent statutory provisions relating to public works including the following:

(1) Chapter 39.08 RCW relating to contractor's bond;

(2) Chapter 39.12 RCW relating to prevailing wages;

(3) Chapter 18.27 RCW relating to contractor registration;

(4) Chapter 49.28 RCW relating to hours of labor;

(5) Chapter 49.60 RCW relating to discrimination;

(6) Chapter 70.92 RCW relating to the provisions for the aged and physically handicapped;

(7) RCW 39.04.320 relating to apprenticeship utilization.

History

Statutory Authority: RCW 28A.525.020. WSR 10-19-025, § 392-344-095, filed 9/9/10, effective 10/10/10
WSR 06-16-032, recodified as § 392-344-095, filed 7/25/06, effective 8/25/06. Statutory Authority: Chapter 39.25 RCW, RCW 39.25.010, 39.25.020 and 39.25.030. WSR 95-08-031, § 180-29-095, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.47.802. WSR 84-21-003 (Order 11-84), § 180-29-095, filed 10/4/84. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-095, filed 10/17/83.

Wash. Admin. Code § 392-344-100 Construction documents—Compliance with state building code.

The architect/engineer shall certify to the superintendent of public instruction that to the best of his knowledge the construction documents are in compliance with the provisions of the state building code, chapter 19.27 RCW, and any and all other pertinent state and local statutes relating to school building construction.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-344-100, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-100, filed 10/17/83.

Wash. Admin. Code § 392-344-107 Bid opening—Superintendent of public instruction approval.

(1) A school district shall not open bids until receiving written approval of the superintendent of public instruction. Such approval shall not be granted if more than one year has passed since the project received preliminary funding status pursuant to WAC 392-342-050.

(2) The superintendent of public instruction shall grant approval if moneys are available for state funding assistance and the required documents pursuant to WAC 392-344-075, 392-344-080, 392-344-085, 392-344-090, 392-344-095, and 392-344-100 are complete.

(3) If the superintendent of public instruction determines that the required documents are incomplete, the superintendent of public instruction shall hold the project and notify the school district in writing as to the incomplete items.

(4) If moneys are not available for state funding assistance in construction, the school district shall notify the superintendent of public instruction that they are proceeding with their own moneys with the expectation that they will be reimbursed as per WAC 392-343-057.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-107, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-107, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 28A.525.164. WSR 91-12-055, § 180-29-107, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-29-107, filed 11/27/85
WSR 83-21-067 (Order 12-83), § 180-29-107, filed 10/17/83.

Wash. Admin. Code § 392-344-1075 Superintendent of public instruction commitment when district is authorized to open bids.

When a district is granted approval to open bids pursuant to WAC 392-344-107, the superintendent of public instruction is committed as provided at WAC 392-344-107 as well as to all other state funding assistance determinations including but not limited to additional state funding assistance and professional fees determined pursuant to state funding assistance rules and regulations in effect at the time such approval to open bids is granted. This commitment is subject to the district's compliance with the time limitation for requesting an authorization for contract award as set forth in WAC 392-344-108.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-1075, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-1075, filed 7/25/06, effective 8/25/06
WSR 98-19-141, § 180-29-1075, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1991 c 14. WSR 91-20-151, § 180-29-1075, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. WSR 86-04-065 (Order 1-86), § 180-29-1075, filed 2/4/86.

Wash. Admin. Code § 392-344-108 Condition precedent to approval to bid.

Any project for which the superintendent of public instruction authorizes a district to open bids pursuant to WAC 392-344-107 shall request an authorization for contract award pursuant to WAC 392-344-110 within ninety calendar days of receipt of approval pursuant to WAC 392-344-107: Provided, That the ninety-day period shall be automatically extended for an additional ninety calendar days if:

(1) The lowest legally acceptable base bid, exclusive of alternates, received by a district exceeds the cost estimate submitted to the superintendent of public instruction pursuant to WAC 392-344-085 by ten percent or more; and

(2) Prior to the expiration on or after June 15, 1989, of the initial ninety-day period the district has rejected, or hereafter rejects, all bids in order to solicit new bids.

A district which fails to request an authorization for contract award pursuant to WAC 392-344-110 within the time period allowed by this section shall have its authority to proceed withdrawn. Districts with such projects withdrawn may reinitiate an application for state funding assistance by first reapplying for project approval pursuant to WAC 392-341-040.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-108, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-108, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 89-22-008, § 180-29-108, filed 10/20/89, effective 11/20/89
WSR 85-24-047 (Order 24-85), § 180-29-108, filed 11/27/85.

Wash. Admin. Code § 392-344-110 Bids—Data and document requirements.

School districts shall demonstrate that they have complied with RCW 28A.335.190 and 43.19.1906 and shall not enter into contract(s) for construction until the following certified copies have been submitted and approved by the superintendent of public instruction:

(1) Each advertisement for bid;

(2) Tabulated statement of all bids received;

(3) Recommendation of the board of directors for award of contract(s) on the basis of bids received, including all accepted alternates;

(4) Alternate bids;

(5) Names and addresses of all bidders;

(6) Certified statement of costs for special inspections and testing;

(7) Certified statement of amount of local and/or other disbursable funds available specifically for the project, exclusive of state funds, with the source of funds identified, including identity and amount of nonhigh school district funds when applicable;

(8) School district board acceptance of a constructability review and implementation.

If the recommended contractor is not the low bidder, the school district shall give reasons pursuant to statutory provisions set forth in RCW 43.19.1911.

History

Statutory Authority: RCW 28A.525.020. WSR 08-20-008, § 392-344-110, filed 9/18/08, effective 10/19/08
WSR 06-16-032, recodified as § 392-344-110, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-29-110, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-110, filed 10/17/83.

Wash. Admin. Code § 392-344-115 Authorization for contract award.

(1) Upon receipt of the items as per WAC 392-344-110, the superintendent of public instruction shall:

(a) Analyze the bids;

(b) Determine the amount of state funding assistance; and

(2) Authorization for contract award and allocation of state funding assistance shall be contingent upon the following:

(a) The contract price for the construction has been established by competitive bid(s); and

(b) The school district has available sufficient local funds pursuant to chapter 392-341 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-115, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-115, filed 7/25/06, effective 8/25/06
WSR 98-19-141, § 180-29-115, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1991 c 14. WSR 91-20-151, § 180-29-115, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-115, filed 10/17/83.

Wash. Admin. Code § 392-344-120 School district authorized agent.

The school district shall provide the superintendent of public instruction with the certified signature(s) of district personnel authorized by board resolution for the purposes in this chapter requiring district authorization(s).

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, recodified as § 392-344-120, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-120, filed 10/17/83.

Wash. Admin. Code § 392-344-125 Award of contract(s).

Upon receipt of authorization to award contract(s) from the superintendent of public instruction, the board of directors of the school district shall award contract(s) for construction of the school facility project no later than the expiration of the time period permitted by the terms and conditions of the bid(s) for the award of contract(s). Immediately following the awarding of contract(s), the board of directors of the school district shall forward to the superintendent of public instruction one copy of each properly executed contract, one copy of the contractor's cost breakdown, and one copy of the contract(s) payment schedule. Such cost breakdown and payment schedule shall be displayed on a form issued and approved by the superintendent of public instruction in accordance with WAC 392-344-085 (1)(b). All state funding assistance-related approvals granted by the superintendent of public instruction under this chapter shall lapse and be null and void if a school district fails to award contract(s) within the time period permitted by the terms and conditions of the bid(s), unless noncompliance is waived for extraordinary reasons by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-125, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-125, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 28A.525.200. WSR 95-08-030, § 180-29-125, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). WSR 94-01-013, § 180-29-125, filed 12/3/93, effective 1/3/94. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-125, filed 10/17/83.

Wash. Admin. Code § 392-344-130 Disbursement of moneys—Sequence of payments.

The order in which funds shall be disbursed for school facility construction shall be as follows:

(1) Prior to payment of state funding assistance, the school district shall make payments on all claims submitted until such time as the total amount of local funds obligated by the district have been expended.

(2) When local funds have been expended as in subsection (1) of this section, payments of state funding assistance shall then be made: Provided, That for projects authorized for state funding assistance pursuant to WAC 392-344-115(2) after June 30, 1993, payment shall be made after receipt of written certification by the school district board of directors that the school facility project authorized for state funding assistance has been or will be completed according to the purposes for which the state funding assistance is being provided.

(3) Payment of state funding assistance for projects receiving small district modernization grant funds authorized under RCW 28A.525.159 may receive payment prior to the expenditure of local funds obligated by the district with the approval of the superintendent of public instruction. The maximum amount of state funding assistance a district may receive prior to the expenditure of local funds obligated by the district is ninety percent.

History

Statutory Authority: RCW 28A.525.020. WSR 21-13-128, § 392-344-130, filed 6/22/21, effective 7/23/21
WSR 10-09-008, § 392-344-130, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-130, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1994 c 6 sp.s. WSR 94-13-019, § 180-29-130, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-130, filed 10/17/83.

Wash. Admin. Code § 392-344-135 Disbursement of moneys—General provisions applicable to payments.

Disbursement of moneys shall be in accordance with the following provisions:

(1) Payments to contractor(s) by school district. Payments to contractors shall be on the basis of work completed. Contractors shall submit to the school district monthly estimates of work completed which shall be supported by the architect/engineer's certificate for payment. No payments shall be made without certification from the architect/engineer that such work has been completed.

(2) Payments to others. Payments to others as per chapter 392-343 WAC shall be made in accordance with the contract provisions for those services.

(3) Retainage. The provisions of chapter 60.28 RCW relating to public works contracts and of WAC 392-344-147 shall govern retainage on contract payments.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-135, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). WSR 94-14-028, § 180-29-135, filed 6/28/94, effective 7/29/94. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-135, filed 10/17/83.

Wash. Admin. Code § 392-344-140 Disbursements of moneys by school district(s)—Superintendent of public instruction filing.

At such time as the total amount of local funds obligated by the school district have been expended, a signed statement by an authorized agent of the board of directors comprising a listing of all payments to contractors and others, including retainage, shall be submitted to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-140, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-344-140, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-140, filed 10/17/83.

Wash. Admin. Code § 392-344-145 Disbursement of moneys by superintendent of public instruction.

All school district claims for payment from state funding assistance shall be submitted to the superintendent of public instruction on invoice vouchers provided by the superintendent of public instruction and shall be signed by the authorized agent of the school district. State warrants issued in payments, unless the school district agent designates a specific payee, shall be drawn payable to the school district. In all cases, warrants shall be transmitted to the school district for disposition.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-145, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-344-145, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-145, filed 10/17/83.

Wash. Admin. Code § 392-344-147 Retained percentage law related requirements.

(1) State funding assistance is conditioned upon a school district's compliance with the cash, or bond in lieu of cash, retained percentage requirements of chapter 60.28 RCW and this section. A school district may elect to administer compliance with all requirements of chapter 60.28 RCW or, in part, designate the superintendent of public instruction as agent of the school district for purposes of administering retained percentage moneys reserved under RCW 60.28.011.

(2) Under RCW 60.28.011, a school district either:

(a) Must provide for the reservation of five percent of all moneys earned by a contractor either by the district, deposited by the district in an interest-bearing account or placed in escrow as provided in RCW 60.28.011(4); or

(b) Must accept a bond submitted by the contractor from any portion of the retainage in a form acceptable to the superintendent of public instruction and the school district and from a bonding company which meets the standards established at subsection (4)(b) of this section and by the school district, unless the school district can demonstrate good cause for refusing to accept the bond.

As a general rule, the superintendent of public instruction prefers and recommends the cash retainage option for reasons which include the security and ease of enforcement which the cash option affords.

(3) Cash retainage.

(a) If the school district reserves five percent of all moneys earned by the contractor in a retainage trust fund administered by the school district in accordance with RCW 60.28.011(1), moneys deposited in that trust fund (whether retained by the district, deposited by the district in an interest-bearing account, or placed in escrow), may be paid to the contractor without prior written consent by the superintendent of public instruction. The superintendent of public instruction shall make available to the school district model procedures and forms for setting up the trust fund selected by the contractor under RCW 60.28.011(4).

(b) At the request of the school district, the superintendent of public instruction may be designated as agent of the school district for cash retainage and will:

(i) Administer the retained percentage trust fund in accordance with RCW 60.28.011, inclusive of depositing, releasing and accounting for such moneys;

(ii) Establish and administer the retained percentage trust fund in accordance with the terms of chapter 60.28 RCW, and such terms as may be established by the superintendent of public instruction to ensure compliance with chapter 60.28 RCW, the security of trust fund moneys and efficient administration; and

(iii) Ensure that no moneys lawfully deposited in the retained percentage trust fund shall be paid to the contractor without the prior written consent of the superintendent of public instruction, except for the payment of interest earnings as may be required by law.

(4) If at the request of the contractor the bond in lieu of cash retained percentage option is implemented the following conditions apply:

(a) The bond shall be in terms and of a form approved and established by the superintendent of public instruction to ensure that the bond adequately addresses the purposes of chapter 60.28 RCW; and

(b) The bond shall be signed by a surety that is:

(i) Registered with the Washington state insurance commissioner; and

(ii) On the currently authorized insurance list published by the Washington state insurance commissioner.

(5) The release of retainage, whether cash or bond-in-lieu, shall be conditioned upon satisfactory compliance with the provisions of WAC 392-344-165.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-147, filed 4/8/10, effective 5/9/10
WSR 06-16-032, amended and recodified as § 392-344-147, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). WSR 94-14-028, § 180-29-147, filed 6/28/94, effective 7/29/94.

Wash. Admin. Code § 392-344-150 Changes in contract cost.

The final contract cost shall be determined after inclusion of the net change due to additive and/or deductive change orders. If the final contract cost results in an increase above the original bid amount, the school district shall finance the entire increase. If the final contract cost results in a decrease from the original bid amount, the school district and the state shall share the amount of the decrease based on the state funding assistance percentage in effect at the time of contract award. Copies of all change orders when executed and signed by the school district's authorized agent and the project architect/engineer shall be forwarded to the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-344-150, filed 4/8/10, effective 5/9/10
WSR 06-16-032, recodified as § 392-344-150, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-150, filed 10/17/83.

Wash. Admin. Code § 392-344-155 Final acceptance of project by architect/engineer.

Upon final completion of the project by contractor(s), the architect/engineer shall inspect the project to determine compliance with the construction documents. The architect/engineer, upon determining that the project has been completed satisfactorily, shall make such recommendation through the issuance of a certificate of completion to the school district board of directors. Separate certificates of completion shall be written for each contract awarded. Certificates of completion shall provide a statement of work completed including the gross square footage of new and/or modernized construction per WAC 392-343-019.

Upon acceptance of project completion by the school district of directors, the school district is required to provide the office of superintendent of public instruction the board of director's resolution of acceptance and enter pertinent project data into the information and condition of schools data system. The office of superintendent of public instruction will determine the pertinent data to be provided.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-344-155, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-155, filed 7/25/06, effective 8/25/06
WSR 98-19-141, § 180-29-155, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-155, filed 10/17/83.

Wash. Admin. Code § 392-344-160 Acceptance of project by school district.

The board of directors for a school district shall accept a project as complete or reject a project as incomplete after a review of the building commissioning final report, an inspection of the project, and receipt of certificate(s) of completion signed by the architect/engineer. A school district board resolution accepting the projects as complete must be submitted to OSPI before release of retainage shall be made in accordance with WAC 392-344-165.

History

Statutory Authority: RCW 28A.525.020. WSR 08-20-008, § 392-344-160, filed 9/18/08, effective 10/19/08
WSR 06-16-032, amended and recodified as § 392-344-160, filed 7/25/06, effective 8/25/06
WSR 99-24-126, § 180-29-160, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. WSR 92-24-027, § 180-29-160, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-160, filed 10/17/83.

Wash. Admin. Code § 392-344-165 Documents required for release of retainage by school district.

Release of retainage on contracts shall be subject to receipt by the superintendent of public instruction of the following documents:

(1) These documents shall be required no later than thirty days after official acceptance:

(a) Architect/engineer certificate(s) of completion;

(b) School district board of directors' resolution of final acceptance signed by the authorized agent of the school district;

(d) Certification by the authorized agent of the school district that the requirements of RCW 39.04.320 apprenticeship utilization have been met;

(e) Final project costs as defined by the superintendent of public instruction.

(2) These documents shall be required no later than sixty days after official acceptance:

(a) Certification by the authorized agent of the school district that the district has on file all affidavits of wages paid in compliance with RCW 39.12.040;

(b) After expiration of forty-five days following acceptance of the project by the school district, a signed statement by the authorized agent of the school district that no lien(s) is on file with the school district or a certified list of each lien is on file with the school district. A copy of each lien shall be forwarded to the superintendent of public instruction;

(c) Either a permanent or temporary occupancy permit by building official of the jurisdiction. Also required are release documents as defined in chapter 60.28 RCW, RCW 50.24.130, and 51.12.050.

History

Statutory Authority: RCW 28A.525.020. WSR 21-15-045, § 392-344-165, filed 7/14/21, effective 8/14/21
WSR 10-19-025, § 392-344-165, filed 9/9/10, effective 10/10/10
WSR 08-20-008, § 392-344-165, filed 9/18/08, effective 10/19/08
WSR 06-16-032, amended and recodified as § 392-344-165, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. WSR 92-24-027, § 180-29-165, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-165, filed 10/17/83.

Wash. Admin. Code § 392-344-170 Liens.

In the event that liens are filed with the school district, the provisions of RCW 60.28.010 through 60.28.060 shall apply. If the district holds a cash retainage under WAC 392-344-147 (2)(a), the amount of each lien plus three thousand dollars or twenty-five percent of the claim, whichever is greater, for potential attorney fees, plus ten percent of the lien claim for court costs, shall be withheld from the retainage until any lien has been removed.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-032, amended and recodified as § 392-344-170, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). WSR 94-14-028, § 180-29-170, filed 6/28/94, effective 7/29/94. Statutory Authority: RCW 28A.47.830. WSR 83-21-067 (Order 12-83), § 180-29-170, filed 10/17/83.

Wash. Admin. Code § 392-344-200 Applications and forms.

In addition to applications and forms prescribed in WAC 392-341-200 and 392-342-200, commencing January 1, 1986, applications and forms applicable to the provisions of this chapter for school facility projects shall be as follows:

(1) Applications for secured funding status pursuant to WAC 392-344-107 shall be designated as OSPI Application D-7.

(2) Grants of secured funding status pursuant to WAC 392-344-107 shall be given to districts through OSPI D-8 Form.

(3) Grants of authority for school districts to proceed without secured funding status pursuant to WAC 392-344-107 shall be given to districts through OSPI D-8-1 Form.

(4) Applications for authority to enter into contracts pursuant to WAC 392-344-110 shall be designated as OSPI D-9 Application.

(5) Grants of authority to enter into contracts pursuant to WAC 392-344-115 shall be given to districts through OSPI D-10 Form.

(6) Grants of authority for school districts to enter into contracts without secured funding status pursuant to WAC 392-344-115 shall be given to districts through OSPI D-10-1 Form.

(7) Applications for SPI to release retainage pursuant to WAC 392-344-165 shall be designated as OSPI D-11 Application.

(8) Grants of release of final retainage pursuant to WAC 392-344-165 shall be given through OSPI D-12 Form.

History

Statutory Authority: RCW 28A.525.020. WSR 21-15-045, § 392-344-200, filed 7/14/21, effective 8/14/21
WSR 06-16-032, amended and recodified as § 392-344-200, filed 7/25/06, effective 8/25/06
WSR 98-19-141, § 180-29-200, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 85-24-047 (Order 24-85), § 180-29-200, filed 11/27/85.

Chapter 392-345 State funding assistance in providing school plant facilities—Interdistrict cooperation in financing school plant construction.

Wash. Admin. Code § 392-345-005 Authority.

This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions and disbursements of allotments to school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state funding assistance for school plant facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-345-005, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-345-005, filed 7/25/06, effective 8/25/06
WSR 98-19-144, § 180-31-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-31-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-068 (Order 13-83), § 180-31-005, filed 10/17/83.

Wash. Admin. Code § 392-345-010 Purpose.

The purpose of this chapter is to set forth provisions applicable to approval of a cooperative financing plan for the construction or modernization of school facilities by two or more school districts.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, recodified as § 392-345-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-068 (Order 13-83), § 180-31-010, filed 10/17/83.

Wash. Admin. Code § 392-345-012 Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-012.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, amended and recodified as § 392-345-012, filed 7/25/06, effective 8/25/06
WSR 01-08-040, § 180-31-012, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 392-345-015 Applicant district defined.

The board of directors of the school district in which the proposed new school facility is to be located or in which the school facility proposed for modernization is located shall be the applicant district and it shall be the responsibility of said board of directors to submit the application for financial plan approval.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, recodified as § 392-345-015, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-068 (Order 13-83), § 180-31-015, filed 10/17/83.

Wash. Admin. Code § 392-345-020 Cooperative plan subject to the superintendent of public instruction approval.

Any interdistrict financial plan for construction or modernization of school facilities utilizing state funding assistance in the financing of the proposed project, shall require approval by the superintendent of public instruction prior to carrying into effect the provisions of such plan. The superintendent of public instruction approval is only required for projects utilizing state funding assistance.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-345-020, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-345-020, filed 7/25/06, effective 8/25/06
WSR 98-19-144, § 180-31-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-068 (Order 13-83), § 180-31-020, filed 10/17/83.

Wash. Admin. Code § 392-345-025 Application provisions.

For projects utilizing state funding assistance, the host district shall submit a written application to the superintendent of public instruction which shall include but not be limited to the following documents and data:

(1) A joint resolution by the board of directors of all participating school districts which shall:

(a) Confer contractual authority and subsequent ownership on the board of directors in which jurisdiction the school facility is to be located (host district) or, in the event of modernization, the board of directors in which jurisdiction the facility is located (host district);

(b) Designate such board of directors of the host district as the legal applicant. Evidence shall be submitted that the said resolution has been incorporated in the official record of the board of directors of each participating school district; and

(c) Certify that the facility shall be used for the purpose for which it was constructed unless an exception is granted by the superintendent of public instruction.

(2) Copy of contracts(s) between applicant district and participating school districts prepared in accordance with provisions in WAC 392-345-030.

(3) A statement defining the education program or services to be offered and the number and grade level(s) by district of all students to be housed in the proposed new or modernized facility.

(4) A description of the proposed project including size in terms of square feet and the estimated cost of construction including professional services, sales tax, site acquisition and site development.

(5) An area map indicating location of schools within the participating school districts and the location of the proposed new or modernized school facility.

(6) A statement certifying that a separate account has been established into which participating districts make deposits in order to pay for all future minor repair and renovation costs.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-345-025, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-345-025, filed 7/25/06, effective 8/25/06
WSR 98-19-144, § 180-31-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-068 (Order 13-83), § 180-31-025, filed 10/17/83.

Wash. Admin. Code § 392-345-030 Interdistrict cooperative agreements.

Interdistrict agreements between applicant and participating districts shall contain and set forth a description of the following elements:

(1) Financial terms by which each cooperating district will participate in the cost of construction or modernization and operation of the school facility;

(2) Administration of the school facility and of the program or services to be offered therein and specific services to be utilized by each participating school district;

(3) Duration of the interdistrict cooperation agreement; and

(4) Procedures for dissolution of cooperative operation of the school facility including but not limited to the following:

(a) Ownership of all capital equipment and school facilities;

(b) Distribution of assets or the payments to be made to the participating districts; and

(c) Minimum period of operation prior to dissolution consideration and approval by the superintendent of public instruction in accordance with provisions hereinafter in WAC 392-345-040.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, amended and recodified as § 392-345-030, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-068 (Order 13-83), § 180-31-030, filed 10/17/83.

Wash. Admin. Code § 392-345-035 Approval of program or services by superintendent of public instruction.

Approval by the superintendent of public instruction of the educational program or services to be offered in the proposed new or modernized facility and the proposed administration of such program or services shall be a prerequisite for approval by the superintendent of public instruction of an interdistrict cooperative financial plan for construction of new or modernization of facilities when state funding assistance is provided.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-345-035, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-345-035, filed 7/25/06, effective 8/25/06
WSR 98-19-144, § 180-31-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-068 (Order 13-83), § 180-31-035, filed 10/17/83.

Wash. Admin. Code § 392-345-040 Dissolution provisions.

(1) Procedures for the dissolution of the operation of school facilities pursuant to an interdistrict cooperative agreement shall not be instituted prior to the expiration of ten years after the date of the superintendent of public instruction approval of the financial plan for the construction of such school facilities when such facilities were constructed with state funding assistance: Provided, That a request for dissolution prior to such ten-year period may be approved when, in the judgment of the superintendent of public instruction, there is substantiation of sufficient cause therefor.

(2) Any plan for dissolution as described in subsection (1) of this section shall be submitted to the superintendent of public instruction for review and approval prior to proceeding with dissolution action.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-345-040, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-345-040, filed 7/25/06, effective 8/25/06
WSR 98-19-144, § 180-31-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-068 (Order 13-83), § 180-31-040, filed 10/17/83.

Wash. Admin. Code § 392-345-045 Interdistrict cooperation in financing school construction—Project construction approval required—Rules and regulations governing.

A project to be constructed under interdistrict cooperative financing pursuant to provisions of RCW 28A.335.160 shall be subject to approval by the superintendent of public instruction only when state funding assistance is involved in the financing thereof and shall be in conformity with the applicable rules and regulations hereinafter prescribed. The applicant school district shall be responsible for compliance with said rules and regulations.

(1) Projects financed with state funding assistance.

(a) All rules and regulations promulgated by the superintendent of public instruction relating to school building construction shall govern the approval of an application for state funding assistance in financing an interdistrict cooperative project except such rules deemed by the superintendent of public instruction to be inapplicable to the said construction: Provided, That in the interest of program improvement and/or improvement in equalization of educational opportunities, the pertinent requirements relating to eligibility on the basis of number of unhoused children may be waived as shall be determined by the superintendent of public instruction.

(b) In determining the amount of state funding assistance, the principle to be applied shall be that each participating district, otherwise eligible for state funding assistance, shall receive such assistance on the basis of the computed area ratio. The amount that each participating district shall provide may be the percentage proportion that the value of its taxable property bears to the total value of taxable property of all participating districts or such other amounts as set forth in the contract submitted as are accepted and approved by the superintendent of public instruction.

(2) Application for additional state funding assistance. In the financing of interdistrict cooperative projects, applications for state funding assistance, in addition to the amount determined allocable under basic state support level provisions, shall be judged by the superintendent of public instruction on the basis of the need for said facilities for the expressed purpose of:

(a) Providing educational opportunities, including vocational skills programs not otherwise provided;

(b) Avoiding unnecessary duplication of specialized or unusually expensive educational programs or facilities; or

(3) Determination of amount of additional state funding assistance. When in the judgment of the superintendent of public instruction an expressed need exists for an interdistrict cooperative project to achieve one or more of the expressed purposes as set forth in subsection (2) of this section and additional state funding assistance in financing said joint construction is necessary to meet such need, additional state funding assistance may be allowed in an amount to be determined by the superintendent of public instruction: Provided, That the total amount allotted shall not exceed ninety percent of the total project cost determined eligible for state funding assistance purposes: Provided further, That the total funds available to the superintendent of public instruction for the biennial period are sufficient to meet statewide needs for state funding assistance in providing necessary school facilities to individual school districts as well as for this purpose.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-345-045, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-345-045, filed 7/25/06, effective 8/25/06
WSR 98-19-144, § 180-31-045, filed 9/23/98, effective 10/24/98.

Chapter 392-346 State funding assistance in providing school plant facilities—Interdistrict transportation cooperatives.

Wash. Admin. Code § 392-346-005 Authority.

This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of moneys to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state funding assistance for school facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-005, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-005, filed 7/25/06, effective 8/25/06
WSR 98-19-145, § 180-32-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-32-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-005, filed 10/17/83.

Wash. Admin. Code § 392-346-010 Purpose.

The purpose of this chapter is to set forth provisions applicable prior to a district's application for state funding assistance in the construction of interdistrict transportation cooperative facilities. Except as otherwise noted in this chapter, the rules and regulations which apply to state funding assistance in financing school facilities set forth below shall apply to the construction of interdistrict transportation cooperatives:

(1) State funding assistance: WAC 392-343-040, 392-343-060, and 392-343-070 through 392-343-125.

(2) Procedural regulations: WAC 392-344-055 through 392-344-170.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-010, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-010, filed 10/17/83.

Wash. Admin. Code § 392-346-012 Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-012.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, amended and recodified as § 392-346-012, filed 7/25/06, effective 8/25/06
WSR 01-08-040, § 180-32-012, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 392-346-015 Interdistrict transportation cooperative members—Definition.

As used in this chapter:

(1) "Participating member" means a district in a cooperative which anticipates making full use of all the services offered by the cooperative and provides its agreed share of local funds required by the superintendent of public instruction. A participating member must be a member of the cooperative for at least ten years.

(2) "Contract member" means a district which contracts to use the services of the cooperative as outlined in the initial agreement for at least three years. At a minimum, contracts for service shall include lubrication, oil and filter changes on a regular basis.

(3) "Applicant district" means the school district in which the proposed interdistrict transportation cooperative facility is to be located or in which the facility proposed for modernization is located. It shall be the responsibility of said applicant district to submit the application for financial plan approval.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-015, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-015, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-015, filed 10/17/83.

Wash. Admin. Code § 392-346-020 Interdistrict transportation cooperative—Cooperative plan subject to the superintendent of public instruction approval.

Any financial plan for construction of an interdistrict transportation cooperative utilizing state funding assistance in the financing of the proposed project, shall require approval by the superintendent of public instruction prior to implementing the provisions of such plan. The superintendent of public instruction approval is only required for projects utilizing state funding assistance.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-020, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-020, filed 7/25/06, effective 8/25/06
WSR 98-19-145, § 180-32-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-020, filed 10/17/83.

Wash. Admin. Code § 392-346-025 Application provisions.

For projects utilizing state funding assistance, the host school district shall submit a written application to the superintendent of public instruction which shall include but not be limited to the following documents and data:

(1) A joint resolution by the board of directors of all participating school districts which shall:

(a) Confer contractual authority and subsequent ownership on the board of directors in which jurisdiction the facility is to be located or, in the event of modernization, in which jurisdiction the facility is located (host district);

(b) Designate such board of directors as the legal applicant; and

(c) A copy of the official record of the board of directors of each participating school district indicating that the resolution has been formally adopted.

(2) Copy of contract(s) between districts prepared in accordance with chapter 392-345 WAC.

(3) A written description of services to be offered in the proposed interdistrict transportation cooperative, including number of districts involved and whether or not cooperating members are participating districts or contract districts; the number of buses from each participating and contract district to be serviced, and number of bus miles traveled per year for each participating and contract district.

(4) A description of the proposed project including square footage and the estimated cost of construction including professional services, sales tax, site costs, and site development.

(5) An area map indicating location of the facility in relationship to the participating and contract school districts.

(6) A statement certifying that a separate account has been established into which participating districts make deposits in order to pay for all future minor repair and renovation costs.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-025, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-025, filed 7/25/06, effective 8/25/06
WSR 98-19-145, § 180-32-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-025, filed 10/17/83.

Wash. Admin. Code § 392-346-030 Interdistrict agreements.

Interdistrict agreements between participating and contract districts shall contain and set forth descriptions of the following elements:

(1) Financial terms by each cooperating district shall participate in the cost of construction or modernization and operation of the facility.

(2) The district administering the facility and the program or services to be offered therein and specific services to be utilized by each participating school district.

(3) Duration of the interdistrict cooperation agreement.

(4) Procedures for dissolution of cooperative operation of the facility including but not limited to the following:

(a) Ownership of all capital equipment and facilities;

(b) Distribution of assets or the payments to be made to the participating districts; and

(c) Minimum period of operation prior to dissolution consideration and approval by the superintendent of public instruction in accordance with chapter 392-345 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, amended and recodified as § 392-346-030, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-030, filed 10/17/83.

Wash. Admin. Code § 392-346-035 Approval—The superintendent of public instruction.

Approval by the superintendent of public instruction of services to be offered in the proposed interdistrict transportation cooperative and the proposed district administration of such program or services shall be a prerequisite for approval by the superintendent of public instruction of an interdistrict cooperative financial plan for construction of new facilities or modernization of existing facilities when state funding assistance is provided.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-035, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-035, filed 7/25/06, effective 8/25/06
WSR 98-19-145, § 180-32-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-035, filed 10/17/83.

Wash. Admin. Code § 392-346-040 Dissolution provisions.

(1) Procedures for the dissolution of the operation of interdistrict cooperatives under an interdistrict cooperative agreement shall not be instituted prior to the expiration of ten years after the date of the superintendent of public instruction approval of the financial plan for the construction of such school facilities when such facilities were constructed with state funding assistance: Provided, That a request for dissolution prior to the expiration of ten years may be approved when in the judgment of the superintendent of public instruction there is substantiation of sufficient cause therefor.

(2) Any plan for dissolution as described in subsection (1) of this section shall be submitted to the superintendent of public instruction for review and written approval prior to proceeding with dissolution action.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-040, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-040, filed 7/25/06, effective 8/25/06
WSR 98-19-145, § 180-32-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-040, filed 10/17/83.

Wash. Admin. Code § 392-346-045 Interdistrict transportation cooperative—Types.

Except as otherwise noted, the amount of the final allocation of state funding assistance in the construction of an approved interdistrict transportation cooperative facility shall be based on the number of buses in actual service and the number of buses for which the cooperative has contracted from other districts at the time of application and in accordance with the following cooperative types and square footage allowances:

| Type | Number of Buses | Square Footage | | | --- | --- | --- | --- | | Minimum | Maximum | | | | One | 96 or more | 21,000 | Negotiable | | Two | 46-95 | 15,000 | 20,999 | | Three | 0-45 | 10,000 | 14,999 |

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-045, filed 4/14/10, effective 5/15/10
WSR 06-16-031, recodified as § 392-346-045, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-045, filed 10/17/83.

Wash. Admin. Code § 392-346-050 Site review and evaluation.

The superintendent of public instruction together with the proposing district(s) shall conduct an on-site review and evaluation of sites for new and existing state funding assistance projects. In selecting sites, the district(s) should assure that:

(1) The property upon which the facility is or will be located is free and clear of all encumbrances that would detrimentally interfere with the construction and operation or useful life of the facility.

(2) The site is of sufficient size to meet the needs of the facility.

(3) A geotechnical engineer has conducted a limited subsurface investigation to gather basic information regarding potential foundation and subgrade performance.

(4) The site accessibility is convenient and efficient for participating and contract school districts with the least amount of disturbance to the area in which it is located.

(5) The site topography is conducive to desired site development.

(6) A site review or predesign conference has been conducted with all local code agencies in order to determine design constraints.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-050, filed 4/14/10, effective 5/15/10
WSR 06-16-031, recodified as § 392-346-050, filed 7/25/06, effective 8/25/06
WSR 98-19-145, § 180-32-050, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-050, filed 10/17/83.

Wash. Admin. Code § 392-346-060 Design team—Architect/engineering services.

Architect/engineering service fees for state funding assistance purposes shall be determined pursuant to WAC 392-343-070.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-060, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-060, filed 10/17/83.

Wash. Admin. Code § 392-346-065 Support level—Furniture and equipment allowances.

An allowance for furniture and equipment purchases shall be added to the total construction costs of a project determined eligible for state funding assistance. The equipment allowance shall be determined by multiplying the approved square foot area of the project by the construction cost allocation of state support for the fiscal year funded and that product multiplied by seven percent.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-065, filed 4/14/10, effective 5/15/10
WSR 06-16-031, recodified as § 392-346-065, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-32-065, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-065, filed 10/17/83.

Wash. Admin. Code § 392-346-070 Interdistrict transportation cooperatives—State funding assistance.

In the financing of an approved interdistrict transportation cooperative, the superintendent of public instruction shall provide ninety percent of the total approved project cost determined eligible for state funding assistance.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-040, § 392-346-070, filed 4/14/10, effective 5/15/10
WSR 06-16-031, amended and recodified as § 392-346-070, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-070 (Order 15-83), § 180-32-070, filed 10/17/83.

Chapter 392-347 State funding assistance in providing school plant facilities—Modernization.

Wash. Admin. Code § 392-347-005 Authority.

This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of moneys to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state funding assistance for school facilities are RCW 28A.525.030, 28A.525.040, and 28A.525.162 through 28A.525.178.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-005, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-005, filed 7/25/06, effective 8/25/06
WSR 98-19-138, § 180-33-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-33-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-005, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-005, filed 12/1/81.

Wash. Admin. Code § 392-347-007 Purpose.

The purpose of this chapter is to set forth provisions applicable to state funding assistance in the modernization of existing school facilities.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-007, filed 4/8/10, effective 5/9/10
WSR 06-16-031, recodified as § 392-347-007, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-007, filed 10/17/83.

Wash. Admin. Code § 392-347-010 Definitions.

As used in this chapter: "Modernization" shall mean the making of major structural changes in such facilities and may include as incidental thereto the replacement of fixtures, fittings, furnishings, and service systems of a school facility in order to bring it up to a contemporary state consistent with the needs of changing educational programs and applicable codes.

"Major structural change" shall mean major components of a school facility contributing to the basic structure and shall not include those components such as portable partitions, free-standing panels and screens, portable equipment, and furnishings that do not contribute to the basic structure.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, recodified as § 392-347-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-010, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-010, filed 12/1/81.

Wash. Admin. Code § 392-347-011 Waiver of rules to facilitate school seismic safety program projects.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-013.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-347-011, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-347-012 Waiver of rules to facilitate alternative public works contracting procedures.

The provisions of this chapter may be deemed waived in accordance with WAC 392-341-012.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, amended and recodified as § 392-347-012, filed 7/25/06, effective 8/25/06
WSR 01-08-040, § 180-33-012, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 392-347-013 Annually determined building replacement value.

The annually determined building replacement value for any building in any year is the state determined maximum construction cost allocation for July of that year times the gross square footage determined under WAC 392-343-040.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-013, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-013, filed 7/25/06, effective 8/25/06. Statutory Authority: [RCW 28A.525.020.] WSR 91-12-058, § 180-33-013, filed 6/5/91, effective 7/6/91.

Wash. Admin. Code § 392-347-015 Eligibility for state funding assistance.

(1) In order to be eligible for state funding assistance, a modernization project shall have as its principal purpose one or more of the following:

(a) Bringing a facility into compliance with current building and health codes when so required by state or local health or safety officials;

(b) Changing the grade span grouping by facility by the addition, deletion, or combination thereof of two or more grades within the affected facility;

(c) The reduction of the number of operating school facilities in a district by combining the remaining school facilities through modernization and new capital construction so as to achieve more cost effective and efficient operation in the combined school facility or facilities. In order to be eligible for state funding assistance, such a project shall result in additional space for at least one hundred additional pupils and the following enrollment in any combined facility:

(i) Elementary school facility—Five hundred pupils;

(ii) Middle or junior high school facility—Seven hundred pupils;

(iii) Senior high school facility—Eight hundred fifty pupils:

Provided, That modernization projects in school districts with a high school enrollment of less than eight hundred fifty pupils need not comply with the enrollment figures set forth above: Provided further, That unless the district demonstrates the existence of unhoused students, state funding assistance for the new construction component of a combined modernization and new construction project shall be limited to the provision of WAC 392-347-040; or

(d) Meeting the educational program of the facility.

(2) School districts shall certify that a proposed modernization project will extend the life of the modernized school facility by at least thirty years.

(3) School districts shall be ineligible for state funding assistance for modernization of any school facility accepted by the school district board of directors prior to January 1, 1993, where the principal purpose of that modernization project is to:

(a) Perform piecemeal work on one section or system of a school facility;

(b) Modernize a facility or any section thereof which has been constructed within the previous twenty years;

(c) Modernize a facility or any section thereof which has received state funding assistance under the authority of this chapter within the previous twenty years;

(d) Modernize a senior high school facility in a district with a senior high school where there is existing space available to serve the students involved or affected in a neighboring senior high school without, in the judgment of the superintendent of public instruction, an undue increase in the cost of transporting the students to and from school, decrease in educational opportunity, or proportional increase in the cost of instruction pursuant to chapter 392-341 WAC.

(4) School facilities accepted by the school district board of directors after January 1, 1993, shall be ineligible for state funding assistance for modernization of the facility or any section thereof where:

(a) The facility was constructed and occupied within the previous thirty years;

(b) The facility received state funding assistance under the authority of this chapter within the previous thirty years.

History

Statutory Authority: RCW 28A.525.020. WSR 21-13-129, § 392-347-015, filed 6/22/21, effective 7/23/21
WSR 10-09-008, § 392-347-015, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-015, filed 7/25/06, effective 8/25/06
WSR 05-23-046, § 180-33-015, filed 11/9/05, effective 12/10/05
WSR 91-12-058, § 180-33-015, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. WSR 85-24-049 (Order 26-85), § 180-33-015, filed 11/27/85
WSR 85-09-060 (Order 8-85), § 180-33-015, filed 4/17/85
WSR 83-21-071 (Order 16-83), § 180-33-015, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-015, filed 12/1/81.

Wash. Admin. Code § 392-347-020 Formula for determining the amount of state funding assistance.

State funding assistance in an approved modernization project shall be derived by applying the state funding assistance percentage determined pursuant to provisions of RCW 28A.525.166 and WAC 392-343-025 to the eligible cost which shall be calculated by multiplying the approved square foot area of the modernization project by the construction cost allocation for the fiscal year funded, less any deductions as set forth in WAC 392-347-023 if applicable, by the factor in WAC 392-347-040 set forth, any cost in excess thereof shall be financed entirely by the school district.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-020, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-020, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-33-020, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] WSR 91-12-058, § 180-33-020, filed 6/5/91, effective 7/6/91. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-33-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-020, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-020, filed 12/1/81.

Wash. Admin. Code § 392-347-023 State funding assistance in post 1993 facilities.

As a condition precedent to receiving state funding assistance for modernization under WAC 392-347-015 or new-in-lieu of modernization under WAC 392-347-042, school districts that received state funding assistance for new and new-in-lieu school buildings and whose buildings were accepted as complete by school board of directors as of January 1, 1994, and later, shall adopt by board resolution and implement an asset preservation program (APP).

(1) Definitions: For purposes of this chapter:

(a) An asset preservation program is a systematic approach to ensure performance accountability; promote student health and safety by maintaining and operating building systems to their design capacity; maintain an encouraging learning environment; and extend building life, thus minimizing future capital needs.

(b) An asset preservation system is a system of tasks or projects that are active, reactive, or proactive in maintaining the day to day health, safety, and instructional quality of the school facility and tasks or projects that are proactive, predictive or preventative in maintaining the school facility over its thirty-year expected life cycle.

(c) A building condition assessment (BCA) is an assessment of the condition of building components and systems using a standardized scoring matrix, an element of the office of the superintendent of public instruction's information and condition of schools (ICOS) system.

(d) A building condition standard is a numeric scoring table with a scale identifying the expected condition score for each year of the building's expected life cycle.

(2) The office of the superintendent of public instruction shall establish and adopt a uniform program of specifications, standards, and requirements for implementing and maintaining the asset preservation program.

(3) School districts with affected buildings under this chapter are required to:

(a) Adopt or implement an asset preservation system;

(b) Annually perform a building condition assessment (BCA) which shall include recording assessments in the ICOS system and reporting the assessment scores to the school district's board of directors no later than April 1st of each year;

(c) Thereafter in six year intervals during the thirty-year expected life span of the building, have a certified evaluator, as approved by the office of the superintendent of public instruction, perform a building condition evaluation and report the condition to the school district's board of directors and to the office of the superintendent of public instruction no later than April 1st.

(4) A school district building affected under this chapter and that does not meet the minimum building condition standard score of sixty-two points at the end of the thirty years from the accepted date shall:

(a) Have its allowable cost per square foot used to determine the amount of state funding assistance in any modernization project reduced at a rate of two percent for each point below sixty-two points, not to exceed a total twenty percent reduction; or

(b) Be ineligible for state funding assistance when the building condition score is less than forty points.

History

Statutory Authority: RCW 28A.525.020. WSR 17-17-165, § 392-347-023, filed 8/23/17, effective 9/23/17
WSR 10-09-008, § 392-347-023, filed 4/8/10, effective 5/9/10
WSR 09-10-023, § 392-347-023, filed 4/28/09, effective 5/29/09
WSR 08-09-024, § 392-347-023, filed 4/8/08, effective 5/9/08
WSR 06-16-031, amended and recodified as § 392-347-023, filed 7/25/06, effective 8/25/06
WSR 01-09-012, § 180-33-023, filed 4/6/01, effective 5/7/01
WSR 91-12-058, § 180-33-023, filed 6/5/91, effective 7/6/91.

Wash. Admin. Code § 392-347-025 Space eligible for state funding assistance in modernization.

Student space allocations and enrollment projection provisions for state funding assistance.

(1) In planning for modernization in any school facility, under the provisions of WAC 392-347-015 (1)(a) and (b), a school district shall estimate capacity needs on the basis of a cohort survival enrollment as per WAC 392-343-045. Any space above and beyond a school district's estimated capacity needs as calculated on the basis of a five-year cohort survival or adjusted cohort survival enrollment shall not be eligible for state funding assistance in modernization.

(2) The changes to this section shall take effect January 1, 2006: Provided, That those districts having authorized bond issues and/or excess tax levies for their building funds for specific school construction projects as identified in ballot propositions on or before July 1, 2006, may, when requesting the superintendent of public instruction consideration of state funding assistance for such projects, determine, in computing the amount of eligible space for modernization, state funding assistance will be provided on the entire facility of three quarters of the overall square footage of the school districts' facilities is eligible for state funding assistance: Provided further, That the provision shall not be applicable to new construction in lieu of modernization facility projects authorized by this chapter.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-025, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-025, filed 7/25/06, effective 8/25/06
WSR 05-19-109, § 180-33-025, filed 9/20/05, effective 10/21/05
WSR 98-09-052, § 180-33-025, filed 4/16/98, effective 5/17/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 28 (8)(e). WSR 94-13-020, § 180-33-025, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.47.830. WSR 85-24-049 (Order 26-85), § 180-33-025, filed 11/27/85
WSR 83-21-071 (Order 16-83), § 180-33-025, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-025, filed 12/1/81.

Wash. Admin. Code § 392-347-030 Certification of continued use.

Any school facilities modernized under WAC 392-347-015 must be used for at least five years beyond the completion of modernization. School directors will pass a resolution and submit it to the superintendent of public instruction that the modernized facility will be used for instructional purposes for five years after the completion of the project. If the school facility is not used for instructional purposes during this five-year period, the amount of state funding assistance allocated and spent for the modernization project must be returned to the state school building construction fund. The five-year use requirement and the five year prohibition against additional modernization funding shall be waived in the event that a facility is rendered permanently unusable before the end of the five-year period by an unforeseen natural event. The definition of "unforeseen natural event" shall be as set forth in RCW 28A.150.290.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-030, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-030, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-33-030, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. WSR 85-24-049 (Order 26-85), § 180-33-030, filed 11/27/85
WSR 83-21-071 (Order 16-83), § 180-33-030, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-030, filed 12/1/81.

Wash. Admin. Code § 392-347-035 Minimum project—Forty percent of replacement costs.

(1) State funding assistance in modernization of school facilities shall be limited to projects which may include an entire facility or one or more complete buildings within a facility for which the estimated cost of major structural change is not less than forty percent of the estimated cost of replacement. The estimated cost of replacement shall be derived from multiplication of the total square foot area of the facility or facilities proposed for modernization by the construction cost allocation for the fiscal year funded as in WAC 392-343-045 set forth.

(2) The superintendent of public instruction may grant a waiver from subsection (1) of this section in the event of an unanticipated increase in the construction cost allocation that might cause prior approved projects expecting state funding assistance to become disqualified for such assistance.

History

Statutory Authority: RCW 28A.525.020. WSR 21-13-129, § 392-347-035, filed 6/22/21, effective 7/23/21
WSR 10-09-008, § 392-347-035, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-035, filed 7/25/06, effective 8/25/06
WSR 05-19-110, § 180-33-035, filed 9/20/05, effective 10/21/05. Statutory Authority: RCW 28A.47.830 and 28A.525.020. WSR 01-19-042, § 180-33-035, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] WSR 91-12-058, § 180-33-035, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. WSR 85-24-049 (Order 26-85), § 180-33-035, filed 11/27/85
WSR 83-21-071 (Order 16-83), § 180-33-035, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-035, filed 12/1/81.

Wash. Admin. Code § 392-347-040 Maximum costs eligible for state funding assistance—One hundred percent of replacement cost.

State funding assistance for modernization projects shall not exceed one hundred percent of the cost of new construction of a comparable school facility based on the prevailing level of state support as defined in chapter 392-343 WAC. Costs exceeding one hundred percent shall be paid with local funds by the district.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-040, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-040, filed 7/25/06, effective 8/25/06
WSR 05-19-111, § 180-33-040, filed 9/20/05, effective 10/21/05
WSR 98-19-138, § 180-33-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-040, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-040, filed 12/1/81.

Wash. Admin. Code § 392-347-042 Replacement option.

A district with space eligible for modernization pursuant to WAC 392-347-015 and 392-347-025 may elect to replace such space through new construction in lieu of modernization. In such case, the district shall apply for a new school facility in accordance with applicable rules and regulations pertaining to new school plant facilities and the local board shall certify that after the new construction is finally completed:

(1) The existing building or space to be replaced will not be used for district instructional purposes; and

(2) The existing building or space will be ineligible for any future state funding assistance.

Further, if the existing building or space is subsequently returned by the district to instructional purposes in whole or in part, the district shall become ineligible for any state funding assistance for a period of ten years from the date that the superintendent of public instruction sends written notice to members of the local board recognizing the return of the building in whole or in part to instructional purposes. Districts exercising this election shall be limited in state funding assistance to the provision of WAC 392-347-040. In the event the district elects to replace a facility and construct a new facility with more space than the facility being replaced, the additional space, in order to be eligible for state funding assistance shall meet the eligibility requirements for new construction or the new construction component requirement of WAC 392-347-015 (1)(c): Provided, That no new construction in lieu of modernization project may qualify for additional state funding assistance pursuant to WAC 392-343-115 unless the facility being replaced would have qualified pursuant to such section for additional state funding assistance as a modernization project.

(3) The superintendent of public instruction may waive the provisions of this section for a period it determines is appropriate to the particular situation. A waiver request must be submitted in writing to the superintendent of public instruction. The superintendent of public instruction shall review the waiver request and approve or deny the request. The waiver request shall include, but not be limited to, the following information:

(a) Description of the district's planning process;

(b) Rationale why the need for the waiver request was not anticipated;

(d) The availability of funding for proposed projects;

(e) List of specific projects and timelines;

(f) List of the specific student groups that will use the facility;

(g) Rationale why this is the best use of facilities and public funds;

(h) Assurance that the facility meets health and safety standards for occupancy.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-042, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-042, filed 7/25/06, effective 8/25/06
WSR 01-14-019, § 180-33-042, filed 6/26/01, effective 7/27/01
WSR 98-19-138, § 180-33-042, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1993 sp.s. c 22 § 708(5). WSR 93-20-066, § 180-33-042, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.47.830. WSR 85-09-060 (Order 8-85), § 180-33-042, filed 4/17/85.

Wash. Admin. Code § 392-347-045 Architect and engineering services.

In the allocation of state funding assistance for an approved modernization project, architectural and engineering services eligible for state funding assistance shall not exceed one and one-half times the architectural and engineering services as in chapter 392-343 WAC set forth.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-045, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-045, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-045, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-045, filed 12/1/81.

Wash. Admin. Code § 392-347-050 Study and survey of school district as prerequisite.

A survey of facilities proposed for modernization conducted under the direction of the superintendent of public instruction as per chapter 392-341 WAC shall be a prerequisite for consideration of an application for state funding assistance of a modernization project.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-050, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-050, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-050, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-050, filed 12/1/81.

Wash. Admin. Code § 392-347-055 Regulations governing.

In addition to the regulations hereinbefore in chapter 392-347 WAC prescribed; all regulations governing the basic assistance program prescribed in chapters 392-341, 392-342, 392-343, and 392-344 WAC shall govern administration of state funding assistance in financing modernization of school facilities: Provided, That compliance with those regulations not pertinent to modernization projects as determined by the superintendent of public instruction shall not be required.

History

Statutory Authority: RCW 28A.525.020. WSR 10-09-008, § 392-347-055, filed 4/8/10, effective 5/9/10
WSR 06-16-031, amended and recodified as § 392-347-055, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-055, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-055, filed 12/1/81.

Wash. Admin. Code § 392-347-060 Procedural requirements.

The superintendent of public instruction shall determine procedures and forms for the administration of state participation in financing modernization of school facilities, such procedures and forms to be in addition to or in lieu of procedural requirements prescribed in chapter 392-344 WAC.

History

Statutory Authority: RCW 28A.525.020. WSR 06-16-031, amended and recodified as § 392-347-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. WSR 83-21-071 (Order 16-83), § 180-33-060, filed 10/17/83. Statutory Authority: RCW 28A.47.073. WSR 81-24-049 (Order 13-81), § 180-33-060, filed 12/1/81.

Chapter 392-348 Secondary education.

Wash. Admin. Code § 392-348-205 New secondary program or new grades nine through twelve—Regulatory provisions pursuant to RCW 28A.305.130(5).

Pursuant to provisions of RCW 28A.305.130(5), the superintendent of public instruction hereby establishes rules and regulations as hereinafter set forth in WAC 392-348-210 through 392-348-270 to govern the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-205, filed 8/8/06, effective 9/8/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-56-205, filed 8/6/90, effective 9/6/90
Order 6-76, § 180-56-205, filed 6/1/76. SBE 56-8-50, filed 3/29/65, effective 4/29/65.

Wash. Admin. Code § 392-348-210 Basic policy.

Believing that the welfare of the state and its children require secondary schools which (1) can provide a comprehensive program broad enough to meet the varied needs, abilities and interests of students, (2) are adequately staffed with certified teachers assigned to teach in their fields of competency, (3) are administered by properly certified personnel, (4) can provide adequate pupil-personnel service, (5) can provide school plant facilities suitable to the type of organization and program offered, (6) can give assurance of financial ability and willingness to construct, maintain and operate the facility, and (7) do not duplicate existent educational facilities and/or programs, it shall be the policy of the superintendent of public instruction to approve applications for the establishment in any high school district of any secondary program or any new grades in grades nine through twelve only when there is evidence that the foregoing conditions can be fulfilled.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-210, filed 8/8/06, effective 9/8/06. SBE 56-8-51, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-215 Procedure.

A secondary program or any new grades nine through twelve may not be established in any existing nonhigh school district except upon prior approval by the superintendent of public instruction. Application for approval to establish any such program or any new grades shall be made to the state superintendent of public instruction by the school authorities of the applicant district. The state superintendent of public instruction shall review the application in light of rules and regulations relating thereto and in consideration of the findings and recommendations of staff and agents of the superintendent of public instruction.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-215, filed 8/8/06, effective 9/8/06. SBE 56-8-52, filed 3/29/65, effective 4/29/65.

Wash. Admin. Code § 392-348-220 Regulations—Purpose.

In order to assure an educational program and school facilities which will meet the requirements of the basic policy stated in WAC 392-348-210, the specific regulations hereinafter in WAC 392-348-230 through 392-348-270 set forth shall be applied in considering applications from nonhigh school districts.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-220, filed 8/8/06, effective 9/8/06. SBE 56-8-53, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-230 Program.

It is presumed by the superintendent of public instruction that a new secondary program (or new grades nine through twelve) must make provision for a comprehensive program. Minimum course offerings that must be available for student selection during grades nine through twelve shall include those necessary to meet the minimum high school graduation requirements under WAC 180-51-060.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-230, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.04.120(5). WSR 00-13-038, § 180-56-230, filed 6/14/00, effective 7/15/00
WSR 82-04-003 (Order 2-82), § 180-56-230, filed 1/21/82. SBE 56-8-530, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-235 Enrollment.

The initial enrollment for a four-year secondary school, grades nine through twelve, shall be at least four hundred; or if less than four hundred initially, substantial evidence shall be submitted that this enrollment will be reached within three years and that there is assurance of a relatively stable population.

The initial enrollment for a six-year secondary school, grades seven through twelve, shall be at least five hundred; or if less than five hundred initially, substantial evidence shall be submitted that this enrollment will be reached within three years and that there is assurance of a relatively stable population.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, recodified as § 392-348-235, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.04.120. WSR 79-06-048 (Order 4-79), § 180-56-235, filed 5/22/79. SBE 56-8-531, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-240 Staff and corps.

There shall be not fewer than sixteen qualified teachers, or equivalent, not including principal, vice principal, counselor and librarian, in a four-year high school, nor fewer than twenty qualified teachers, or equivalent, in a six-year secondary school, not including principal, vice principal, counselor and librarian.

Teachers shall be assigned to grade levels or teaching areas in accordance with the regulations of the state board of education.

All administrative personnel, superintendent of the district and principal of the proposed school, shall be qualified in accordance with the regulations of the state board of education.

A full-time high school principal shall be employed to serve the functions of administration and instructional supervision.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, recodified as § 392-348-240, filed 8/8/06, effective 9/8/06
§ 180-56-240, filed 10/16/67, effective 7/1/68. SBE 56-8-532, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-245 Specialized services.

Full-time library and instructional materials services shall be provided by a librarian qualified in accordance with standards adopted by the superintendent of public instruction.

A minimum of one full-time person, or equivalent, shall be provided for counseling and guidance services. Personnel assigned to part-time or full-time counseling and guidance responsibilities shall have a minimum of one year of training beyond the bachelor's degree including course work in each of the following areas: Principles and practices of guidance; techniques of counseling; occupational and educational information; testing, measurement and evaluation; and foundations of psychology, preferably including developmental psychology and learning theory.

Provision shall be made for exceptional children including those with high ability or special talent, those who are slow learners and those who are physically handicapped.

Adequate health services shall be provided by the district or by the district in cooperation with other districts and/or agencies.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-245, filed 8/8/06, effective 9/8/06. SBE 56-8-533, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-250 Fiscal responsibility.

The board of directors of the nonhigh school district shall submit evidence of the district's financial willingness and ability, within the existing patterns of school support, to make its proportionate contribution to the establishment and maintenance of a broad, comprehensive educational program.

The building to be used or to be built for use as a secondary school shall be approved by the office of the superintendent of public instruction as suitable for the type of organization and instructional program proposed.

The board of directors of the nonhigh school district shall submit evidence of the district's financial willingness and ability within existing patterns of school support to construct, maintain and operate the required building facilities.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, recodified as § 392-348-250, filed 8/8/06, effective 9/8/06. SBE 56-8-534, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-255 Interdistrict relationships.

Prior to application to the superintendent of public instruction for the establishment of a new secondary school, the district or districts presently serving students living in the nonhigh school district shall have been given adequate notice of the intent of the nonhigh school district subsequently to withdraw students.

The board of directors of the nonhigh school district seeking approval of the establishment of a new secondary school shall submit evidence that students living in the nonhigh school district cannot be economically and reasonably served in an existing high school or high schools.

There must be adequate proof that the proposed secondary facilities will not duplicate facilities already constructed with state and/or recommended federal assistance when such assistance was predicated on educational service to the nonhigh school district or districts: Provided, That the nonhigh school district may petition the superintendent of public instruction for a feasibility study of the establishment of a high school when the existing high school district facilities reach designated maximum utilization and new construction is needed.

Evidence shall be submitted that unreasonable duplication of transportation routes and/or facilities will not result from the establishment of the new secondary school.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-255, filed 8/8/06, effective 9/8/06. SBE 56-8-535, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-260 New secondary program or new grades nine through twelve—School district organization.

The proposal for establishment of a new secondary school must be consistent with sound, comprehensive planning for secondary school facilities and services and shall be in agreement with provisions of chapter 28A.315 RCW and any subsequent statutory provisions or policies established by the superintendent of public instruction pertaining thereto.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-260, filed 8/8/06, effective 9/8/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-56-260, filed 8/6/90, effective 9/6/90
Order 6-76, § 180-56-260, filed 6/1/76. SBE 56-8-536, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-265 Establishment of new grade or grades.

In the establishment of one or more new grades in grades nine through twelve, the principle set forth in WAC 392-348-205 through 392-348-260 above concerning program, specialized services, staff and corps and size of respective grade or grades as related to potential total enrollment of the proposed secondary school shall apply: Provided, That the school district shall have satisfied all other requirements as herein prescribed. The establishment of each such grade shall be subject to prior approval by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-265, filed 8/8/06, effective 9/8/06. SBE 56-8-537, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Wash. Admin. Code § 392-348-270 Exceptional cases.

In exceptional cases, the superintendent of public instruction will consider for special approval applications from schools with an initial enrollment of less than four hundred students and fewer than sixteen teachers and related personnel if in its judgment the establishment of a new high school may be desirable because of the remoteness of the area and the necessity for a program of secondary education.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-348-270, filed 8/8/06, effective 9/8/06
§ 180-56-270, filed 10/16/67, effective 7/1/68. SBE 56-8-538, filed 3/29/65, effective 4/29/65
Emergency and Permanent Rule, filed 6/21/63.

Chapter 392-349 Small school plants.

Wash. Admin. Code § 392-349-005 Remote and necessary small school plants—Purpose and authority.

(1) The purpose of WAC 392-349-005 through 392-349-015 is to establish policies and procedures to govern the classification of small school plants as remote and necessary.

(2) The authority for WAC 392-349-005 through 392-349-015 is the state Operating Appropriations Act which allocates funds to school districts for small school plants which have been judged by the superintendent of public instruction to be remote and necessary.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-349-005, filed 8/8/06, effective 9/8/06. WSR 05-13-061, recodified as § 180-16-241, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 sp.s. c 6 § 502 (i)(e). WSR 02-14-113, § 180-24-400, filed 7/2/02, effective 8/2/02
WSR 95-20-055, § 180-24-400, filed 10/2/95, effective 11/2/95.

Wash. Admin. Code § 392-349-010 Remote and necessary small school plants—Criteria.

(1) Decisions of the superintendent of public instruction on granting remote and necessary status to small school plants within school districts shall be based on a finding that granting remote and necessary status is necessary to assure reasonable provision of a basic education program to students, including related services, equipment, materials and supplies.

(2) In making the finding under subsection (1) of this section, the superintendent of public instruction shall consider, including but not limited to, the factors under (a) through (e) of this subsection. No single factor or combination of factors necessarily warrants granting or denying remote and necessary status. However, it shall be the policy of the superintendent of public instruction to favor those requests which, in the superintendent of public instruction's judgment, meet the provisions of this section. "Favor" does not mean that the listed factors are necessarily exclusive. Additional factors and considerations may be included in a particular request. If there is a factual situation that falls outside the scope of all or a portion of the listed factors, the superintendent of public instruction may consider the facts and reasons the additional factors or considerations support the request.

(a) The student population to be served at the small school site, must meet the small school funding formula for remote and necessary school plants as provided in the Operating Appropriations Act. The grade span served at the small school site shall include the same levels for eligible students established by the district for other elementary, middle, or high schools of the district, and meet the educational needs of the population served by that small school plant.

(b) Existence of an intact, permanent community which is defined as a geographically site-specific, nontransient group of people. This factor must be met.

(c) Transportation: Travel time to another school in the district, or school in another district, is not less than sixty minutes one way, or international boundary crossing processing time is unpredictable or lengthy or both.

(d) Transportation: Student safety from a small school site in the school district to another school in the district, or school in another district, may be at risk due to the condition of roads or waterways, seasonal weather conditions, or topography.

(e) Operational efficiency: Nonavailability of age appropriate grade level or cooperative programs in other school facilities in the district, or in the next nearest district or districts, or other educational organizations approved or recognized by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-349-010, filed 8/8/06, effective 9/8/06. WSR 05-13-061, recodified as § 180-16-242, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 c 6 § 502 (i)(e). WSR 02-14-113, § 180-24-410, filed 7/2/02, effective 8/2/02. Statutory Authority: 1994 1st sp.s. c 6 § 502 (1)(e). WSR 97-21-069, § 180-24-410, filed 10/15/97, effective 11/15/97. Statutory Authority: 1994 sp.s. c 6 § 502(i)(e). WSR 95-20-055, § 180-24-410, filed 10/2/95, effective 11/2/95.

Wash. Admin. Code § 392-349-015 Remote and necessary small school plants—Review committee.

(1) There is hereby established by the superintendent of public instruction a remote and necessary review committee comprised of at least the following five members:

(a) One member of the state board of education selected by the president of the board;

(b) Two staff members from the office of the superintendent of public instruction, one who is knowledgeable about finance issues and one who is knowledgeable about curriculum issues, both selected by the state superintendent;

(d) One school district administrator selected by the Washington Association of School Administrators.

(2) Vacancies on the review committee shall be filled by the person or organization responsible for appointments.

(3) At the discretion of the superintendent of public instruction, other members may be added to the review committee.

(4) It is the responsibility of the review committee to receive and review all applications from school districts requesting the superintendent of public instruction to grant remote and necessary status to a small school plant located in the district. Following the review of applications, the review committee shall recommend to the superintendent of public instruction whether such designation should be granted. Recommendations of the review committee shall be advisory only. The final determination rests solely with the superintendent of public instruction.

(5) A small school plant shall lose its remote and necessary status if the number of students exceeds the enrollment requirements set forth in the state Operating Appropriations Act for three consecutive years. The loss of remote and necessary status shall take effect the immediate ensuing school year. If a small school site should lose its remote and necessary status, the local serving school district may continue to maintain and operate the school site. When the enrollment of such small school plant again meets the requirements of the state Operating Appropriations Act, the school district may apply to the superintendent of public instruction for redesignation as a remote and necessary plant.

(6) A small school plant shall lose its remote and necessary status if a local school district closes the small school plant. If the small school plant is reopened by the district, or a new small school plant is opened, the school district may apply to the superintendent of public instruction for remote and necessary designation for the small school plant. If such designation is granted, the remote and necessary status shall take effect as determined by the superintendent of public instruction.

History

Statutory Authority: RCW 28A.525.020. WSR 22-18-051, § 392-349-015, filed 8/30/22, effective 9/30/22. Statutory Authority: RCW 28A.315.175. WSR 15-17-074, § 392-349-015, filed 8/17/15, effective 9/17/15. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). WSR 06-17-038, amended and recodified as § 392-349-015, filed 8/8/06, effective 9/8/06. WSR 05-13-061, recodified as § 180-16-243, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 sp.s. c 6 § 502 (i)(e). WSR 02-14-113, § 180-24-415, filed 7/2/02, effective 8/2/02. Statutory Authority: 1994 1st sp.s. c 6 § 502 (1)(e). WSR 97-21-069, § 180-24-415, filed 10/15/97, effective 11/15/97. Statutory Authority: 1994 sp.s. c 6 § 502(i)(e). WSR 95-20-055, § 180-24-415, filed 10/2/95, effective 11/2/95.

Chapter 392-380 Public school pupils—Immunization requirement and life-threatening health condition.

Wash. Admin. Code § 392-380-005 Purpose and authority.

(1) The purpose of this chapter is to establish the procedural and substantive due process requirements governing the exclusion of students from public schools for failure to comply with the immunization requirement of the state of Washington or failure to present a medication or treatment order for a life-threatening health condition.

(2) The authority for this chapter is RCW 28A.210.160.

History

Statutory Authority: RCW 28A.210.160. WSR 07-12-020, § 392-380-005, filed 5/25/07, effective 6/25/07.

Wash. Admin. Code § 392-380-020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Student" shall mean the same as defined for "child" in RCW 28A.210.070.

(2) "Chief administrator" shall mean the same as defined in RCW 28A.210.070.

(3) "Full immunization" shall mean the same as defined in RCW 28A.210.070.

(4) "Schedule of immunization" shall mean the beginning or continuing of a course of immunization, including the conditions for school attendance when a child is not fully immunized, as prescribed by the state board of health (WAC 246-105-060(2)).

(5) "Certificate of exemption" shall mean the filing of a statement exempting the child from immunizations with the chief administrator of the school, on a form prescribed by the department of health, which complies with RCW 28A.210.090.

(6) "Life-threatening condition" shall mean a health condition that will put the child in danger of death during the school day if a medication or treatment order and a nursing plan are not in place.

(7) "Medication or treatment order" shall mean the authority a registered nurse obtains under RCW 18.79.260(2). The order shall be signed by a licensed health care practitioner listed under RCW 18.79.260(2).

(8) "Nursing plan" shall mean a plan of care developed for the student consistent with the standards of nursing conduct or practice set out in department of health regulations, WAC 246-840-700 et seq. The nursing plan implements the medication or treatment order.

(9) "Exclusion" shall mean the case or instance when the student is denied initial or continued attendance:

(a) Due to failure to:

(i) Submit a schedule of immunization or a certificate of exemption as prescribed in WAC 246-105-050; or

(ii) Maintain the conditions for conditional status attendance prescribed in WAC 246-105-060; or

(b) In the case of a life-threatening health condition, due to failure to submit a medication or treatment order and any medication or equipment identified in the order, unless the school district is required to provide the medication or equipment as a related service under federal law.

(10) "School day" shall mean the same as in RCW 28A.150.030 and shall be inclusive of school or district sponsored field trip experiences and extracurricular activities and summer school.

(11) "Parent" shall have the same meaning as in WAC 392-172A-01125.

History

Statutory Authority: RCW 28A.210.160 and 28A.210.320(3). WSR 21-15-047, § 392-380-020, filed 7/14/21, effective 8/14/21. Statutory Authority: RCW 28A.210.160. WSR 07-12-020, § 392-380-020, filed 5/25/07, effective 6/25/07.

Wash. Admin. Code § 392-380-045 School attendance conditioned upon presentation of proofs.

(1) The initial attendance of every student at every public school in the state is conditioned upon proof of immunization as set forth in RCW 28A.210.080.

(2) The chief administrator of each public school shall prohibit the further presence at school of each student already in attendance and who has failed to provide proof of immunization in accordance with RCW 28A.210.080(1). Such exclusion shall be preceded by written notice as set forth in WAC 392-380-050. If written notice has not been provided, any exclusion shall be stayed until notice is received by the student's parent.

(3) The initial attendance of every student at every public school who has a life-threatening health condition is conditioned upon:

(a) Presentation by the parent of a medication or treatment order addressing any life-threatening health condition the child has that may require medical services to be performed at the school; and

(b) Formulation of a nursing plan to implement the order.

The parent shall also provide any medication or equipment identified in the medication or treatment order necessary to carry out the order, unless the school district is required to provide the medication or equipment as a related service under federal law.

(4) The chief administrator of each public school shall prohibit the further attendance of each student already in attendance for whom a medication or treatment order has not been provided if the child has a life-threatening health condition that may require medical services to be performed at the school. Any such exclusion shall be preceded by written notice as set forth in WAC 392-380-050. If written notice has not been provided, any exclusion shall be stayed until notice is received by a parent. The school shall continue to prohibit the child's presence until the school:

(a) Receives a medication or treatment order and any medication or equipment identified in the order necessary to carry out the order, unless the school district is required to provide such medication or equipment as a related service under federal law; and

(b) Has a nursing plan in place.

A new medication or treatment order must be submitted whenever there are changes in the medication or treatment needs of the child. The nursing plan shall be amended accordingly.

(5) Upon receipt of a medication or treatment order, the school shall develop a nursing plan.

(6) The requirements of this chapter shall be applied consistent with the requirements of section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).

History

Statutory Authority: RCW 28A.210.160 and 28A.210.320(3). WSR 21-15-047, § 392-380-045, filed 7/14/21, effective 8/14/21. Statutory Authority: RCW 28A.210.160. WSR 07-12-020, § 392-380-045, filed 5/25/07, effective 6/25/07.

Wash. Admin. Code § 392-380-050 Written notice prior to exclusions from school.

(1) Written notice. Before excluding a student from school for failure to comply with WAC 392-380-045, a school must provide written notice of the exclusion to the student's parents in person, by mail, or by email. The written notice must include:

(a) The school's decision to exclude the student from school, effective immediately upon the parents' receipt of the notice.

(b) The duration and conditions of the exclusion, including that the exclusion will continue until the school receives necessary proof of immunization in accordance with RCW 28A.210.080, a medication or treatment plan in accordance with RCW 28A.210.320, or until a chief administrator determines that the student is no longer excluded from school.

(d) In cases of exclusion due to lack of proof of immunization in accordance with RCW 28A.210.080(1), information regarding immunization services that are available through the local health department and other public agencies.

(e) The student's and parents' right to a hearing to challenge the decision under WAC 392-380-080, including where and to whom the hearing must be requested and a description of the hearing process.

(2) Language assistance. The school must ensure the written notice is provided in a language the parents understand, which may require language assistance for parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964 or parents with communication disabilities under Title II of the Americans with Disabilities Act.

History

Statutory Authority: RCW 28A.210.160 and 28A.210.320(3). WSR 21-15-047, § 392-380-050, filed 7/14/21, effective 8/14/21. Statutory Authority: RCW 28A.210.160. WSR 07-12-020, § 392-380-050, filed 5/25/07, effective 6/25/07.

Wash. Admin. Code § 392-380-080 Prehearing and hearing process.

(1) Requesting a hearing. A student or the parent may request a hearing to the chief administrator orally or in writing.

(2) Notice. Within one school day after receiving the hearing request, unless otherwise agreed to by the parents, the chief administrator must provide the parents written notice in person, by mail, or by email of the time, date, and location of the hearing.

(3) Hearing. The school must hold a hearing within three school days from the date the school's chief administrator received the hearing request, unless otherwise agreed to by the parents. At the hearing, the chief administrator must provide the parents an opportunity to explain how their student is in compliance with school attendance requirements under WAC 392-380-045.

(4) Hearing decision. The chief administrator must deliver a written hearing decision to the parents in person, by certified mail, or by email within two school business days after the hearing. The written decision must include:

(a) The decision to affirm or reverse the exclusion;

(b) If the decision to exclude the student is affirmed, the duration and conditions of the exclusion, including that the exclusion will continue until the school receives necessary proof of immunization in accordance with WAC 392-380-045(1) or a medication or treatment plan in accordance with WAC 392-380-045(3); and

(c) In cases of exclusion due to lack of proof of immunization in accordance with RCW 28A.219.080(1), information regarding immunization services that are available through the local health department and other public agencies.

(5) Language assistance. The school must ensure the notice, hearing proceedings, and written hearing decision are in a language the parents understand, which may require language assistance for parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964 or parents with communication disabilities under Title II of the Americans with Disabilities Act.

History

Statutory Authority: RCW 28A.210.160 and 28A.210.320(3). WSR 21-15-047, § 392-380-080, filed 7/14/21, effective 8/14/21. Statutory Authority: RCW 28A.210.160. WSR 07-12-020, § 392-380-080, filed 5/25/07, effective 6/25/07.

Chapter 392-400 Student discipline.

Wash. Admin. Code § 392-400-010 Purpose.

The purpose of this chapter is to ensure that school districts in Washington:

(1) Provide a safe and supportive learning environment for all students;

(2) Provide due process to students;

(3) Implement culturally responsive discretionary and nondiscretionary discipline policies and procedures that provide opportunity for all students to achieve personal and academic success;

(4) Engage school personnel, students, parents, families, and the community in decisions related to the development and implementation of discretionary and nondiscretionary discipline policies and procedures;

(5) Ensure fairness and equity in the administration of discretionary and nondiscretionary discipline;

(6) Administer discretionary discipline in ways that respond to the needs and strengths of students, support students in meeting behavioral expectations, and keep students in the classroom to the maximum extent possible;

(7) Provide educational services that students need to complete their education without disruption; and

(8) Facilitate collaboration between school personnel, students, and families regarding nondiscretionary discipline to ensure successful reentry into the classroom following a suspension or expulsion.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-010, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-010, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-015 Authority.

The authority for this chapter is RCW 28A.600.015 and 28A.600.020, which require the office of superintendent of public instruction to establish rules that prescribe the substantive and procedural due process rights of students served by any program or activity conducted by, or on behalf of, school districts.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-015, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-020 Application.

(1) This chapter establishes the minimum procedural and substantive due process rights of students when they may be subject to discipline in Washington school districts. A school district may establish additional due process protections for students consistent with federal statutes and regulations, state statutes, common law, and rules prescribed by the office of superintendent of public instruction.

(2) This chapter must be construed in a manner consistent with the following laws and rules:

(a) RCW 28A.600.010 through 28A.600.022 and 28A.320.211, regarding the administration of student discipline;

(b) RCW 28A.300.042, regarding the collection, reporting, and disaggregation of student-level discipline data;

(c) Chapter 392-190 WAC, prohibiting unlawful discrimination in Washington public schools, including the requirement under WAC 392-190-048 that school districts annually review disaggregated discipline data to identify and address disproportionality in the administration of discipline on the basis of sex, race, limited-English proficiency (i.e., English learners), and disability, including students protected under Section 504 of the Rehabilitation Act of 1973 and Part B of the Individuals with Disabilities Education Act;

(d) WAC 392-172A-05140 through 392-172A-05175, and 34 C.F.R. Part 300.530 through 300.536, regarding the discipline of students with disabilities under the Individuals with Disabilities Education Act; and

(e) RCW 28A.415.410, regarding training to support school personnel in implementing discipline policies and procedures and gaining knowledge and skills in cultural competence.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-020, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-020, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-025 Definitions.

As used in this chapter the terms:

(1) "Behavioral violation" means a student's behavior that violates a school district's discipline policy adopted under WAC 392-400-110.

(2) "Classroom exclusion" means the exclusion of a student from a classroom and instructional or activity area for a discretionary behavioral violation that creates a disruption of the educational process in violation of the district disciplinary policies subject to the requirements in WAC 392-400-110.

(3) "Corrective action" means disciplinary and nondisciplinary actions taken by a certificated educator. Nondisciplinary actions include evidence-based interventions and support outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action.

(4) "Culturally responsive" has the same meaning as "cultural competency" in RCW 28A.415.443.

(5) "Discretionary discipline" means a disciplinary action taken by a school district for student behavior that violates rules of student conduct adopted by a school district board of directors under RCW 28A.600.015(6). Discretionary discipline does not include evidence-based interventions and support outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations.

(6) "Disruption of the educational process" means the interruption of classwork, the creation of disorder, or the invasion of the rights of a student or group of students.

(7) "Emergency removal" means the removal of a student from school because the student's presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process, subject to the requirements in WAC 392-400-510 through 392-400-530.

(8) "Expulsion" means a denial of admission to the student's current school placement in response to a behavioral violation, subject to the requirements in WAC 392-400-430 through 392-400-480.

(9) "Length of an academic term" means the total number of school days in a single trimester or semester, as defined by the school board.

(10) "Nondiscretionary discipline" means:

(a) Violations of RCW 28A.600.420;

(b) An offense listed in RCW 13.04.155;

(c) Two or more violations of RCW 9A.46.120, 9.41.280, 28A.600.455, 28A.635.020, or 28A.635.060 within a three-year period; or

(d) Behavior that adversely impacts the health or safety of other students or educational staff. RCW 28A.600.015.

(11) "Parent" has the same meaning as in WAC 392-172A-01125.

(12) "School business day" means any calendar day, except Saturdays, Sundays, or any federal, state, or school holiday, when the office of the superintendent of a school district is open to the public for business.

(13) "School board" means the governing board of directors of a local school district.

(14) "School day" means any day or partial day that students are in attendance at school for instructional purposes.

(15) "Suspension" means a denial of attendance in response to a behavioral violation from any subject or class, or from any full schedule of subjects or classes, but not including expulsions or emergency removals.

(a) "In-school suspension" means a suspension in which a student is excluded from the student's regular educational setting but remains in the student's current school placement for up to 10 consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.

(b) "Long-term suspension" means a suspension in which a student is excluded from school for more than 10 consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.

(c) "Short-term suspension" means a suspension in which a student is excluded from school for up to 10 consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-025, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-025, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-110 Discipline policies and procedures—Development, review, and distribution.

(1) School district policies and procedures. Pursuant to RCW 28A.600.010, a school district must adopt and make available to each pupil, teacher, and parent in the district reasonable written policies and procedures regarding pupil conduct, discipline, and rights, including, but not limited to, classroom exclusions, short-term suspensions, long-term suspensions, emergency removals, and expulsions. The policies and procedures must:

(a) Clearly state the types of behaviors for which discretionary and nondiscretionary discipline, including classroom exclusion, suspension, emergency removal, and expulsion, may be administered;

(b) Have a real and substantial relationship to the lawful maintenance and operation of the school district including, but not limited to, the preservation of the health and safety of students and employees and the preservation of an educational process that is conducive to learning;

(d) Provide that school personnel make every reasonable attempt to involve parents and students in the resolution of behavioral violations for which discipline may be administered;

(e) Ensure the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere as outlined in: RCW 28A.410.270, 28A.410.278, 28A.405.100, 28A.410.260, and 28A.415.443;

(f) Recognize that educators create an environment that welcomes all students and families, recognizing that the school belongs to them and the community. School faculty, staff, and administration highlight and center community expertise for learning partnerships. RCW 28A.410.260 and 28A.415.443;

(g) Identify school personnel with the authority to administer classroom exclusions, suspensions, expulsions, and emergency removals;

(h) Establish appeal and review procedures related to the administration of suspensions, expulsions, and emergency removals, consistent with WAC 392-400-430 through 392-400-530;

(i) Establish grievance procedures to address parents' or students' grievances related to the administration of discretionary and nondiscretionary discipline, including discipline that excludes a student from transportation or extra-curricular activity. The procedures must, at a minimum, include an opportunity for the student to share the student's perspective and explanation regarding the behavioral violation;

(j) Describe the types of educational services the school district offers to students during a suspension or expulsion and the procedures to be followed for the provision of educational services under WAC 392-400-610;

(k) Provide for reengagement meetings and plans, consistent with WAC 392-400-710;

(l) Provide a process for students who have been suspended or expelled to petition for readmission; and

(m) Be consistent with the model policy developed under RCW 28A.345.090.

(2) Development and review. A school district must develop and periodically review discretionary and nondiscretionary discipline policies and procedures with the participation of school personnel, students, parents, families, and the community. During the development and review of discretionary and nondiscretionary discipline policies and procedures, the school district must use disaggregated data collected under RCW 28A.300.042 to:

(a) Monitor the impact of the school district's discipline policies, procedures, and practices; and

(b) Update the school district's discretionary and nondiscretionary discipline policies and procedures to improve fairness and equity in the administration of discipline.

(3) Distribution of policies and procedures. A school district must make discretionary and nondiscretionary discipline policies and procedures available to families and the community. The school district must annually provide the district's discretionary and nondiscretionary discipline policies and procedures to all district personnel, students, and parents, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964. The school district must ensure district employees and contractors are knowledgeable of the discretionary and nondiscretionary discipline policies and procedures.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-110, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-110, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-115 Completing academic requirements.

A school district may not:

(1) Suspend the provision of educational services to a student in response to behavioral violations; or

(2) Administer discipline in a manner that would prevent a student from completing subject, grade-level, or graduation requirements.

History

Statutory Authority: RCW 28A.600.015 and 28A.600.020. WSR 19-12-050, § 392-400-115, filed 5/31/19, effective 7/1/19.

Wash. Admin. Code § 392-400-330 Classroom and instructional or activity area exclusions—Conditions and limitations.

(1) Authority to administer classroom and instructional or activity area exclusions. Discretionary discipline leading to a classroom exclusion as determined by the school district's written procedures per RCW 28A.600.010 must give the highest consideration to the judgment of qualified certificated educators regarding the conditions necessary to maintain the optimum learning experience.

(2) Conditions. A teacher may exclude a student from the teacher's individual classroom and instructional or activity area while the student is under the teacher's immediate supervision, subject to the requirements in RCW 28A.600.460. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action. A classroom exclusion does not include actions that result in missed instruction when:

(a) A teacher or other school personnel uses evidence-based classroom management practices outlined in RCW 28A.410.270, 28A.405.100, and 28A.410.260 to support the student in meeting behavioral expectations; and

(b) The student remains under the supervision of the teacher or other school personnel consistent with RCW 28A.150.240.

(3) Duration.

(a) A classroom exclusion may be administered for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first.

(b) A classroom exclusion that exceeds this time period, and if such students have repeatedly disrupted the learning of other students, consistent with RCW 28A.600.460, may be considered a suspension in accordance with this chapter and must provide for early involvement of parents in attempts to improve the student's behavior.

(4) Removal from school. A student may not be removed from school during a classroom exclusion unless the school district provides notice and due process for a suspension, expulsion, or emergency removal under this chapter.

(5) The procedures shall assure, pursuant to RCW 28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school, as well as within each classroom.

(6) Assignments and tests. The school district must provide the student an opportunity to make up any assignments and tests missed during the classroom exclusion.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-330, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-330, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-335 Classroom exclusion—Notice and procedure.

School boards must ensure they have a policy that determines when a teacher or other school personnel shall report a classroom exclusion to a principal, principal designee, and parent. School district policies under this section must ensure:

(1) The teacher communicates and collaborates with students, families, and all educational partners in an ethical and professional manner to promote student learning. WAC 392-400-110.

(2) Regardless of how the notice is provided to the parents, guardians, or families (electronically, face-to-face), the school district must ensure that this notification is in a language that the parents understand, which may require language assistance for parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(3) When a classroom exclusion occurs, it must be recorded in a manner consistent with RCW 28A.600.460.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-335, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-335, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-430 Suspensions and expulsions—General conditions and limitations.

A school district may administer suspensions and expulsions for behavioral violations, subject to the following requirements:

(1) Parent involvement. A school district must:

(a) Provide for early involvement of parents in efforts to support students in meeting behavioral expectations; and

(b) Must make every reasonable attempt to involve the student and parents in the resolution of behavioral violations.

(2) Considerations. Before administering any suspension or expulsion, a school district must consider the student's individual circumstances and the nature and circumstances of the behavioral violation to determine whether the suspension or expulsion, and the length of the exclusion, is warranted.

(3) Opportunity to receive educational services. A school district must provide an opportunity for students to receive educational services during a suspension or expulsion under WAC 392-400-610.

(4) Reporting. The principal or designee must report all suspensions and expulsions, and the behavioral violation that led to each suspension or expulsion, to the school district superintendent or designee within twenty-four hours after the administration of the suspension or expulsion.

(5) Reentry. After suspending or expelling a student, a school district must:

(a) Make reasonable efforts to return the student to the student's regular educational setting as soon as possible.

(b) Allow the student to petition for readmission at any time.

(6) Absences and tardiness. A school district may not suspend or expel a student from school for absences or tardiness.

(7) Access to school district property. When administering a suspension or expulsion, a school district may deny a student admission to, or entry upon, real and personal property that is owned, leased, rented, or controlled by the district.

(8) End date.

(a) An expulsion or suspension of a student may not be for an indefinite period of time and must have an end date.

(b) If a school district enrolls a student in another program or course of study during a suspension or expulsion, the district may not preclude the student from returning to the student's regular educational setting following the end date of the suspension or expulsion, unless:

(i) The school district superintendent or designee grants a petition to extend a student's expulsion under WAC 392-400-480;

(ii) The student is excluded from the student's regular educational setting in accordance with WAC 392-400-810; or

(iii) The student is otherwise precluded under law from returning to the student's regular educational setting.

History

Statutory Authority: RCW 28A.600.015 and, 28A.600.020. WSR 19-12-050, § 392-400-430, filed 5/31/19, effective 7/1/19. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-430, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-435 Short-term and in-school suspensions—Additional conditions and limitations.

(1) Length of exclusion. A school district may not administer a short-term or in-school suspension beyond the school year in which the behavioral violation occurred.

(2) Grade-level limitations.

(a) A school district may not administer a short-term or in-school suspension for a student in kindergarten through fourth grade for more than 10 cumulative school days during any academic term; and

(b) A school district may not administer a short-term or in-school suspension for a student in grades five through 12:

(i) For more than 15 cumulative school days during any single semester; or

(ii) For more than 10 cumulative school days during any single trimester.

(3) School personnel. When administering an in-school suspension, a school district must ensure school personnel:

(a) Are physically in the same location as the student to provide direct supervision during the duration of the in-school suspension; and

(b) Are accessible to offer support to keep the student current with assignments and course work for all of the student's regular subjects or classes as required under WAC 392-400-610.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-435, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-435, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-440 Long-term suspensions and expulsions—Additional conditions and limitations.

(1) Limitations on long-term suspensions and expulsions. A school district may only administer a long-term suspension or expulsion:

(a) For behavioral violations under RCW 28A.600.015 (6)(a) through (d); and

(b) After the school district has determined that, if the student returned to school before completing a long-term suspension or expulsion, the student would pose an imminent danger to students or school personnel.

(2) Length of exclusion. Except as provided for under WAC 392-400-480:

(a) A long-term suspension or expulsion may not exceed the length of an academic term.

(b) A school district may not administer a long-term suspension or expulsion beyond the school year in which the behavioral violation occurred.

(3) Grade-level limitations. Except for a violation of WAC 392-400-820, a school district may not administer a long-term suspension or expulsion for any student in kindergarten through fourth grade.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-440, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015 and 28A.600.020. WSR 19-12-050, § 392-400-440, filed 5/31/19, effective 7/1/19. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-440, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-450 Suspensions and expulsions—Initial hearing with student.

(1) Initial hearing. Before administering any suspension or expulsion, the principal or designee must conduct an informal initial hearing with the student for the purpose of hearing the student's perspective. At the initial hearing, the principal or designee must provide the student:

(a) Notice of the student's violation of the school district's discipline policy adopted under WAC 392-400-110;

(b) An explanation of the evidence regarding the behavioral violation;

(d) An opportunity for the student to share the student's perspective and provide explanation regarding the behavioral violation.

(2) Parent participation.

(a) Short-term and in-school suspensions. At an initial hearing in which the principal or designee is considering administering a short-term or in-school suspension, the principal or designee must provide the student an opportunity for the student to contact the student's parents.

(b) Long-term suspensions and expulsions. At an initial hearing in which the principal or designee is considering administering a long-term suspension or expulsion, the principal or designee must make a reasonable attempt to contact the student's parents to provide an opportunity for the parents to participate in the initial hearing in person or by telephone.

(3) Administrative decision. Following the initial hearing, the principal or designee must inform the student of the decision regarding the behavioral violation, including the date on which any suspension or expulsion will begin and end.

(4) Language assistance. The school district must ensure that the initial hearing is held in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-450, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-455 Suspensions and expulsions—Notice to student and parents.

(1) Initial notice. Before administering any suspension or expulsion, a school district must attempt to notify the student's parents, as soon as reasonably possible, regarding the behavioral violation.

(2) Written notice. No later than one school business day following the initial hearing with the student in WAC 392-400-450, a school district must provide written notice of the suspension or expulsion to the student and parents in person, by mail, or by email. The written notice must include:

(a) A description of the student's behavior and how the behavior violated the school district's policy adopted under WAC 392-400-110;

(b) The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end;

(d) The opportunity to receive educational services during the suspension or expulsion under WAC 392-400-610;

(e) The student's and parents' right to an informal conference with the principal or designee under WAC 392-400-460;

(f) The student's and parents' right to appeal the suspension or expulsion under WAC 392-400-465, including where and to whom the appeal must be requested; and

(g) For a long-term suspension or expulsion, the opportunity for the student and parents to participate in a reengagement meeting under WAC 392-400-710.

(3) Language assistance. The school district must ensure the initial and written notices required under this section are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-455, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-455, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-460 Suspensions and expulsions—Optional conference with principal.

(1) Requesting a conference. If the student or parents disagree with the school district's decision to suspend or expel the student, the student or parents may request an informal conference with the principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing.

(2) Time limit. The principal or designee must hold the conference within three school business days after receiving the request, unless otherwise agreed to by the student and parents.

(3) Conference. During the informal conference, the principal or designee must provide the student and parents the opportunity to:

(a) Share the student's perspective and explanation regarding the behavioral violation; and

(b) Confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion.

(4) Language assistance. The school district must ensure the conference is held in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(5) Right to appeal. An informal conference must not limit a student's or parents' right to appeal the suspension or expulsion under WAC 392-400-465, participate in a reengagement meeting under WAC 392-400-710, or petition for readmission.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-460, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-460, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-465 Suspensions and expulsions—Appeal.

(1) Requesting an appeal. A student or the parents may appeal a suspension or expulsion to the school district superintendent or designee orally or in writing.

(2) Time limit. A school district may establish a time limit to appeal a suspension or expulsion. Appeal time limits must be no less than five school business days from the date the school district provides the written notice under WAC 392-400-455.

(3) Short-term and in-school suspensions.

(a) Appeal. The superintendent or designee must provide the student and parents the opportunity to share the student's perspective and explanation regarding the behavioral violation orally or in writing.

(b) Appeal decision. The superintendent or designee must deliver a written appeal decision to the student and parents in person, by mail, or by email within two school business days after receiving the appeal. The written decision must include:

(i) The decision to affirm, reverse, or modify the suspension;

(ii) The duration and conditions of the suspension, including the dates on which the suspension will begin and end;

(iii) The educational services the school district will offer to the student during the suspension under WAC 392-400-610; and

(iv) Notice of the student's and parents' right to request review and reconsideration of the appeal decision under WAC 392-400-470, including where and to whom to make the request.

(4) Long-term suspensions and expulsions.

(a) Notice. Within one school business day after receiving the appeal request, unless otherwise agreed to by the student and parents, the superintendent or designee must provide the student and parents written notice in person, by mail, or by email of:

(i) The time, date, and location of the appeal hearing;

(ii) The name(s) of the official(s) presiding over the appeal;

(iii) The student's and parents' rights to inspect the student's education records under (e) of this subsection;

(iv) The student's and parents' rights to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing under (e) of this subsection;

(v) The student's and parents' rights under (f) of this subsection; and

(vi) Whether the school district will offer to hold a reengagement meeting under WAC 392-400-710 before the appeal hearing.

(b) Reengagement. Before the appeal hearing, the student, parents, and school district may agree to hold a reengagement meeting and develop a reengagement plan under WAC 392-400-710. The student, parents, and school district may mutually agree to postpone the appeal hearing while participating in the reengagement process.

(c) Appeal hearing. The school district must hold an appeal hearing within three school business days from the date the superintendent or designee received the appeal request, unless otherwise agreed to by the student or parents.

(d) Presiding officials. The school board may designate the superintendent, a hearing officer, or a discipline appeal council, if established under WAC 392-400-475, to hear and decide appeals under this section. The presiding official(s) may not be involved in the student's behavioral violation or decision to suspend or expel the student and must be knowledgeable about the rules in this chapter and of the school district's discipline policies and procedures.

(e) Evidence and witnesses.

(i) Upon request, the student, parents, and school district may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The school district, student, or parents must make the information available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

(ii) Upon request, the student and parents may review the student's education records. The district must make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

(iii) If a witness for the school district cannot or does not appear at the appeal hearing, the presiding official(s) may excuse the witness's nonappearance if the district establishes that:

(A) The district made a reasonable effort to produce the witness; and

(B) The witness's failure to appear is excused by fear of reprisal or another compelling reason.

(f) Student and parent rights. During the appeal hearing, the student and parents have the right to:

(i) Be represented by legal counsel;

(ii) Question witnesses;

(iii) Share the student's perspective and provide explanation regarding the behavioral violation; and

(iv) Introduce relevant documentary, physical, or testimonial evidence.

(g) Recording of hearing. The appeal hearing must be recorded by analog, digital, or other type of recording device. The school district must provide the recording to the student or parents upon request.

(h) Appeal decision. The presiding official(s) must base the decision solely on the evidence presented at the hearing. The presiding official(s) must provide a written decision to the student and parents in person, by mail, or by email within three school business days after the appeal hearing. The written decision must include:

(i) The findings of fact;

(ii) A determination whether:

(A) The student's behavior violated the school district's discipline policy adopted under WAC 392-400-110;

(B) The behavioral violation reasonably warrants the suspension or expulsion and the length of the suspension or expulsion; and

(iii) The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end;

(iv) Notice of the student's and parents' right to request review and reconsideration of the appeal decision under WAC 392-400-470, including where and to whom to make the request; and

(v) Notice of the opportunity to participate in a reengagement meeting under WAC 392-400-710 and the contact information for the person who will coordinate scheduling of the reengagement meeting.

(5) Language assistance. The school district must ensure that the notice, appeal proceedings, and decision are in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(6) Pending appeal. If the student or parents request an appeal under this section, the school district may temporarily continue to administer the suspension or expulsion during the appeal period subject to the following requirements:

(a) The school district may temporarily continue to administer the suspension or expulsion for no more than ten consecutive school days from the initial hearing under WAC 392-400-450 or until the appeal is decided, whichever is earlier;

(b) Any days that the student is temporarily suspended or expelled before the appeal is decided must be applied to the term of the student's suspension or expulsion and may not extend the term of the student's suspension or expulsion;

(c) If the student who is temporarily suspended or expelled returns to school before the appeal is decided under this section, the school district must provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student's return.

History

Statutory Authority: RCW 28A.600.015 and 28A.600.020. WSR 19-12-050, § 392-400-465, filed 5/31/19, effective 7/1/19. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-465, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-470 Suspensions and expulsions—Review and reconsideration.

(1) Requesting review. The student or parents may request that the school board or discipline appeal council, if established under WAC 392-400-475, review and reconsider the school district's appeal decision under WAC 392-400-465. The student or parents may request the review orally or in writing.

(2) Time limit. A school district may establish a time limit for parents and students to request a review under this section. The time limit must be no less than ten school business days from the date the school district provides the written appeal decision to the student and parents under WAC 392-400-465.

(3) Review procedure.

(a) In reviewing the school district's decision, the school board or discipline appeal council must consider all documentary and physical evidence related to the behavioral violation, any records from the appeal under WAC 392-400-465, relevant state law, and the school district's discipline policy adopted under WAC 392-400-110.

(b) The school board or discipline appeal council may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information.

(c) The decision of the school board or discipline appeal council must be made only by board or council members who were not involved in the behavioral violation, the decision to suspend or expel the student, or the appeal decision under WAC 392-400-465. If the discipline appeal council presided over the appeal under WAC 392-400-465, the decision must be made by the school board.

(4) Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten school business days after receiving the request for review and reconsideration. The written decision must identify:

(a) Whether the school board or discipline appeal council affirms, reverses, or modifies the suspension or expulsion;

(b) The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; and

(c) For long-term suspensions or expulsions, notice of the opportunity to participate in a reengagement meeting under WAC 392-400-710.

(5) Language assistance. The school district must ensure that any review proceedings and decision are in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-470, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-475 Discipline appeal council.

A school board may designate a discipline appeal council to hear and decide appeals under WAC 392-400-465 or to review and reconsider the district's appeal decisions under WAC 392-400-470. A discipline appeal council must consist of at least three persons appointed by the school board for fixed terms. All members of the discipline appeal council must be knowledgeable about the rules in this chapter and of the school district's discipline policies and procedures.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-475, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-480 Petition to extend expulsion.

(1) Petition. When risk to public health or safety warrants extending a student's expulsion, the principal or designee may petition the school district superintendent or designee for authorization to exceed the academic term limitation on an expulsion. The petition must inform the superintendent or designee of:

(a) The behavioral violation that resulted in the expulsion and the public health or safety concerns;

(b) The student's academic, attendance, and discipline history;

(d) The student's academic progress during the expulsion and the educational services available to the student during the expulsion;

(e) The proposed extended length of the expulsion; and

(f) The student's reengagement plan.

(2) Time limit. The principal or designee may petition to extend an expulsion only after the development of a reengagement plan under WAC 392-400-710 and before the end of the expulsion. For violations of WAC 392-400-820, the principal or designee may petition to extend an expulsion at any time.

(3) Notice. The school district must provide written notice of the petition to the student and parents in person, by mail, or by email within one school business day from the date the superintendent or designee received the petition. The written notice must include:

(a) A copy of the petition;

(b) The student's and parents' right to an informal conference with the school district superintendent or designee to be held within five school business days from the date the district provided written notice to the student and parents; and

(c) The student's and parents' right to respond to the petition orally or in writing to the school district superintendent or designee within five school business days from the date the district provided written notice.

(4) Written decision. The school district superintendent or designee may grant the petition only if there is substantial evidence that, if the student were to return to the student's previous school of placement after the length of an academic term, the student would pose a risk to public health or safety. The school district superintendent or designee must deliver a written decision to the principal, the student, and the student's parents in person, by mail, or by email within ten school business days after receiving the petition.

(a) If the petition is granted, the written decision must include:

(i) The date on which the extended expulsion will end;

(ii) The reason that, if the student were to return before the initial expulsion end date, the student would pose a risk to public health or safety; and

(iii) Notice of the student's or parents' right to request review and reconsideration of the appeal decision under subsection (5) of this section, including where and to whom to make the request.

(b) If the petition is not granted, the written decision must identify the date on which the expulsion will end.

(5) Review and reconsideration.

(a) Requesting review. The students or parents may request that the school board or discipline appeal council, if established under WAC 392-400-475, review and reconsider the decision to extend the student's expulsion. The student or parents may request the review orally or in writing.

(b) Time limit. A school district may establish a time limit for parents and students to request a review under this subsection. The time limit must be no less than ten school business days from the date the school district superintendent or designee provides the written decision under subsection (4) of this section.

(i) The school board or discipline appeal council may request to meet with the student or parents or the principal to hear further arguments and gather additional information.

(ii) The decision of the school board or discipline appeal council may be made only by board or council members who were not involved in the behavioral violation, the decision to expel the student, or the appeal decision under WAC 392-400-465.

(d) Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten school business days after receiving the request for review and reconsideration. The written decision must identify:

(i) Whether the school board or discipline appeal council affirms, reverses, or modifies the decision to extend the student's expulsion; and

(ii) The date on which the extended expulsion will end.

(6) Duration. Any extension of an expulsion may not exceed the length of an academic term.

(7) Language assistance. The school district must ensure that any petition proceedings, notices, and decisions are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(8) Annual reporting. The school district must annually report the number of petitions approved and denied to the office of superintendent of public instruction.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-480, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-510 Emergency removals—Conditions and limitations.

A school district may immediately remove a student from the student's current school placement, subject to the following requirements:

(1) Sufficient cause. The school district must have sufficient cause to believe that the student's presence poses:

(a) An immediate and continuing danger to other students or school personnel; or

(b) An immediate and continuing threat of material and substantial disruption of the educational process.

(2) Determination of immediate and continuing threat of disruption. For purposes of this section, an immediate and continuing threat of material and substantial disruption of the educational process means:

The student's behavior results in an extreme disruption of the educational process that creates a substantial barrier to learning for other students across the school day.

(3) Time limit. An emergency removal may not exceed 10 consecutive school days. An emergency removal must end or be converted to another form of discipline within 10 school days from the start of the emergency removal.

(4) Conversion. If a school district converts an emergency removal to a suspension or expulsion, the district must:

(a) Apply any days that the student was emergency removed before the conversion to the total length of the suspension or expulsion; and

(b) Provide the student and parents notice and due process under WAC 392-400-430 through 392-400-480.

(5) Reporting. All emergency removals, including the reason the student's presence poses an immediate and continuing danger to other students or school personnel, must be reported to the district superintendent or designee within 24 hours after the start of the emergency removal.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-510, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015 and 28A.600.020. WSR 19-12-050, § 392-400-510, filed 5/31/19, effective 7/1/19. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-510, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-515 Emergency removals—Notice to student and parents.

(1) Initial notice. After an emergency removal, the school district must attempt to notify the student's parents, as soon as reasonably possible, regarding the reason the district believes the student's presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process.

(2) Written notice. Within 24 hours after an emergency removal, a school district must provide written notice of the emergency removal to the student and parents in person, by mail, or by email. The written notice must include:

(a) The reason the student's presence poses an immediate and continuing danger to students or school personnel, or poses an immediate and continuing threat of material and substantial disruption of the educational process;

(b) The duration and conditions of the emergency removal, including the dates on which the emergency removal will begin and end;

(d) The student's and parents' right to an informal conference with the principal or designee under WAC 392-400-520; and

(e) The student's and parents' right to appeal the emergency removal under WAC 392-400-525, including where and to whom the appeal must be requested.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-515, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-515, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-520 Emergency removals—Optional conference with principal.

(1) Requesting a conference. If a student or the parents disagree with the school district's decision to administer an emergency removal, the student or parents may request an informal conference with the principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing.

(2) Time limit. The principal or designee must hold the conference within three school business days after receiving the request, unless otherwise agreed to by the student and parents.

(3) Conference. During the informal conference, the principal or designee must provide students and parents the opportunity to share the student's perspective and explanation regarding the events that led to the emergency removal.

(5) Right to appeal. An informal conference must not limit a student's or parents' right to appeal the emergency removal under WAC 392-400-525.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-520, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-520, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-525 Emergency removals—Appeal.

(1) Requesting an appeal. A student or the parents may appeal an emergency removal to the school district superintendent or designee orally or in writing.

(2) Time limit. A school district may establish a time limit to appeal an emergency removal. Appeal time limits must be no less than three school business days from the date the school district provides the written notice of the emergency removal.

(3) Notice. Within one school business day after receiving the appeal request, unless otherwise agreed to by the student and parents, the superintendent or designee must provide the student and parents written notice in person, by mail, or by email of:

(a) The time, date, and location of the appeal hearing;

(b) The name(s) of the official(s) presiding over the appeal;

(d) The student's and parents' rights to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing under subsection (6) of this section; and

(e) The student's and parents' rights under subsection (7) of this section.

(4) Appeal hearing. The school district must hold an appeal hearing as soon as reasonably possible, but no later than two school business days after the date the superintendent or designee received the appeal request, unless otherwise agreed to by the student and parents.

(5) Presiding official(s). The school board may designate the superintendent, a hearing officer, or a discipline appeal council, if established under WAC 392-400-475, to hear and decide appeals under this section. The presiding official(s) may not be involved in the student's behavioral violation or decision to emergency remove the student and must be knowledgeable about the rules in this chapter and of the school district's discipline policies and procedures.

(6) Evidence and witnesses.

(a) Upon request, the student, parents, and school district may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The school district, student, or parents must make the information available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

(b) Upon request, the student and parents may review the student's education records. The school district must make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.

(c) If a witness for the school district cannot or does not appear at the appeal hearing, the presiding official(s) may excuse the witness's nonappearance if the district establishes that:

(i) The district made a reasonable effort to produce the witness; and

(ii) The witness's failure to appear is excused by fear of reprisal or another compelling reason.

(7) Student and parent rights. The student and parents have the right to:

(a) Be represented by legal counsel;

(b) Question witnesses;

(d) Introduce relevant documentary, physical, or testimonial evidence.

(8) Recording of hearing. The appeal hearing must be recorded by analog, digital, or other type of recording device. The school district must provide the recording to the student or parents upon request.

(9) Appeal decision. The school district must provide a written decision to the student and parents in person, by mail, or by email within one school business day after the appeal hearing. The written decision must include:

(a) The findings of fact;

(b) A determination whether the student's presence continues to pose:

(i) An immediate and continuing danger to students or school personnel; or

(ii) An immediate and continuing threat of material and substantial disruption of the educational process.

(c) Whether the school district will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the school district converts the emergency removal to a suspension or expulsion, the district must provide the student and parents notice and due process under WAC 392-400-430 through 392-400-480; and

(d) Notice of the student's and parents' right to request review and reconsideration of the appeal decision under WAC 392-400-530, including where and to whom to make the request.

(10) Language assistance. The school district must ensure that any appeal proceedings, notices, and decisions are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-525, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015 and 28A.600.020. WSR 19-12-050, § 392-400-525, filed 5/31/19, effective 7/1/19. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-525, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-530 Emergency removals—Review and reconsideration.

(1) Requesting review. The student or parents may request that the school board or discipline appeal council, if established under WAC 392-400-475, review and reconsider the school district's appeal decision under WAC 392-400-525. The student or parents may request the review orally or in writing.

(2) Time limit. A school district may establish a time limit for parents and students to request a review under this section. The time limit must be no less than five school business days from the date the school district provided the written appeal decision to the student and parents under WAC 392-400-525.

(3) Review procedure.

(a) In reviewing the school district's decision, the school board or discipline appeal council must consider all documentary and physical evidence related to the events that led to the emergency removal, any records from the appeal under WAC 392-400-525, relevant state law, and the district's discipline policy adopted under WAC 392-400-110.

(c) The decision of the school board or discipline appeal council must be made only by board or council members who were not involved in the events that led to the emergency removal, the decision to emergency remove the student, or the appeal decision under WAC 392-400-525. If the discipline appeal council presided over the appeal under WAC 392-400-525, the decision must be made by the school board.

(4) Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within five school business days after receiving the request for review and reconsideration. The written decision must identify:

(a) Whether the school board or discipline appeal council affirms or reverses the school district's decision that the student's presence posed:

(i) An immediate and continuing danger to students or school personnel; or

(ii) An immediate and continuing threat of material and substantial disruption of the educational process.

(b) If the emergency removal has not yet ended or been converted, whether the school district will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the school district converts the emergency removal to a suspension or expulsion, the district must provide the student and parents notice and due process under WAC 392-400-430 through 392-400-480.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-530, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015 and 28A.600.020. WSR 19-12-050, § 392-400-530, filed 5/31/19, effective 7/1/19. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-530, filed 7/30/18, effective 7/1/19.

Wash. Admin. Code § 392-400-610 Educational services during suspension, expulsion, or emergency removal.

(1) Educational services.

(a) A school district may not suspend the provision of educational services to a student in response to behavioral violations.

(b) During the suspension, expulsion, or emergency removal of a student, a school district must provide the student the opportunity to receive educational services. The educational services must enable the student to:

(i) Continue to participate in the general education curriculum;

(ii) Meet the educational standards established within the district; and

(iii) Complete subject, grade-level, and graduation requirements.

(c) When providing a student the opportunity to receive educational services under this section, the school district must consider:

(i) Meaningful input from the student, parents, and the student's teachers;

(ii) Whether the student's regular educational services include English language development services, special education, accommodations and related services under Section 504 of the Rehabilitation Act of 1973, or supplemental services designed to support the student's academic achievement; and

(iii) Access to any necessary technology, transportation, or resources the student needs to participate fully in the educational services.

(d) A school district may provide educational services to the student in an alternative setting or modify the suspension or expulsion on a case-by-case basis. An alternative setting should be comparable, equitable, and appropriate to the regular educational services a student would have received without the exclusionary discipline. Example alternative settings include alternative high schools, one-on-one tutoring, and online learning.

(2) Notice. As soon as reasonably possible after administering a suspension or expulsion, a school district must provide written notice to the student and parents about the educational services the district will provide. The school district must provide the written notice in person, by mail, or by email. The notice must include:

(a) A description of the educational services that will be provided; and

(b) The name and contact information for the school personnel who can offer support to keep the student current with assignments and course work as required under this section.

(3) Exclusions for up to five days. For students subject to suspension or emergency removal for up to five consecutive school days, a school district must provide at least the following:

(a) Course work, including any assigned homework, from all of the student's regular subjects or classes;

(b) Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student's regular subjects or classes; and

(c) An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency removal.

(4) Exclusions for six to 10 days. For students subject to suspension or emergency removal for six to 10 consecutive school days, a school district must provide at least the following:

(a) Course work, including any assigned homework, from all of the student's regular subjects or classes;

(b) Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student's regular subjects or classes. School personnel must make a reasonable attempt to contact the student or parents within three school business days following the start of the suspension or emergency removal and periodically thereafter until the suspension or emergency removal ends to:

(i) Coordinate the delivery and grading of course work between the student and the student's teacher(s) at a frequency that would allow the student to keep current with assignments and course work for all of the student's regular subjects or classes; and

(ii) Communicate with the student, parents, and the student's teacher(s) about the student's academic progress.

(c) An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency removal.

(5) Long-term suspensions and expulsions. For students subject to expulsion or suspension for more than 10 consecutive school days, a school district must provide educational services in accordance with WAC 392-121-107.

(6) Language assistance. The school district must ensure that notices and communications required under this section are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-400-610, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-610, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-710 Student reengagement after long-term suspension or expulsion.

(1) Reengagement meeting. When a school district administers a long-term suspension or expulsion, the district must convene a reengagement meeting with the student and parents to discuss a plan to reengage the student. Before convening a reengagement meeting, a school district must communicate with the student and parents to schedule the meeting time and location. The reengagement meeting must occur:

(a) Within twenty calendar days of the start of the student's long-term suspension or expulsion, but no later than five calendar days before the student returns to school; or

(b) As soon as reasonably possible, if the student or parents request a prompt reengagement meeting.

(2) Reengagement plan. The school district must collaborate with the student and parents to develop a culturally sensitive and culturally responsive reengagement plan tailored to the student's individual circumstances to support the student in successfully returning to school. In developing a reengagement plan, the school district must consider:

(a) The nature and circumstances of the incident that led to the student's suspension or expulsion;

(b) As appropriate, students' cultural histories and contexts, family cultural norms and values, community resources, and community and parent outreach;

(d) Providing academic and nonacademic supports that aid in the student's academic success and keep the student engaged and on track to graduate; and

(e) Supporting the student, parents, or school personnel in taking action to remedy the circumstances that resulted in the suspension or expulsion and preventing similar circumstances from recurring.

(3) Documentation. The school district must document the reengagement plan and provide a copy of the plan to the student and parents.

(4) Language assistance. The school district must ensure that the reengagement meeting and plan are in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(5) Student and parent rights. Reengagement meetings do not replace an appeal hearing under WAC 392-400-465 or a petition for readmission.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-710, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-805 Fundamental rights.

When administering discipline under this chapter, the school district must not:

(1) Unlawfully discriminate against a student on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal;

(2) Deprive a student of the student's constitutional right to freedom of speech and press, the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have the student's school free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising the right;

(3) Deprive a student of the student's constitutional right to be secure in the student's person, papers, and effects against unreasonable searches and seizures;

(4) Unlawfully interfere in a student's pursuit of an education while in the custody of the school district; or

(5) Deprive a student of the student's right to an equal educational opportunity, in whole or in part, by a school district without due process of law.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-805, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-810 Exceptions for the purpose of protecting victims.

In accordance with RCW 28A.600.460, a school district may preclude a student from returning to the student's regular educational setting following the end date of a suspension or expulsion for the purpose of protecting victims of certain offenses, as follows:

(1) Teacher victim. A student committing an offense under RCW 28A.600.460(2), when the activity is directed toward the teacher, shall not be assigned to that teacher's classroom for the duration of the student's attendance at that school or any other school where the teacher is assigned;

(2) Student victim. A student who commits an offense under RCW 28A.600.460(3), when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-810, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-815 Behavior agreements.

(1) General. A school district may enter into behavior agreements with students and parents in response to behavioral violations, including agreements to reduce the length of a suspension conditioned on the participation in treatment services, agreements in lieu of suspension or expulsion, or agreements holding a suspension or expulsion in abeyance.

(2) Policies and procedures. A school district entering into behavior agreements under this section must adopt written policies and procedures authorizing the agreements.

(3) Reengagement meetings and educational services. A school district must ensure that a behavior agreement does not waive a student's opportunity to participate in a reengagement meeting under WAC 392-400-710, or receive educational services as provided under WAC 392-400-610.

(4) Duration. The duration of behavior agreements must not exceed the length of an academic term.

(5) Subsequent behavioral violations. Nothing in this section precludes a school district from administering discipline for behavioral violations that occur after the district enters into an agreement with the student and parents.

(6) Language assistance. The school district must ensure any behavior agreement under this section is provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-815, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-820 Firearm exceptions.

As provided under RCW 28A.600.420:

(1) A school district must expel a student for no less than one year if the district has determined that the student has carried or possessed a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools. The school district superintendent may modify the expulsion on a case-by-case basis.

(2) A school district may suspend or expel a student for up to one year if the student acts with malice, as defined under RCW 9A.04.110, and displays an instrument that appears to be a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools.

(3) This section does not apply to:

(a) Any student while engaged in military education authorized by the school district in which rifles are used;

(b) Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by the school district in which the rifles of collectors or instructors are handled or displayed; or

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-820, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-825 Corporal punishment, restraint, and isolation.

(1) Corporal punishment. A school district may not administer corporal punishment, including any act that willfully inflicts or willfully causes the infliction of physical pain on a student. Corporal punishment does not include:

(a) The use of reasonable physical force by a school administrator, teacher, school personnel or volunteer as necessary to maintain order or to prevent a student from harming themselves, other students, school personnel, or property;

(b) Physical pain or discomfort resulting from or caused by training for or participation in athletic competition or recreational activity voluntarily engaged in by a student; or

(c) Physical exertion shared by all students in a teacher-directed class activity, which may include, but is not limited to, physical education exercises, field trips or vocational education projects.

(2) Restraint and isolation. A school district may not use isolation, restraint, or a restraint device on any student, except as provided for in RCW 28A.155.210, 28A.600.485, WAC 392-172A-02105, and 392-172A-02110.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-825, filed 7/30/18, effective 8/31/18.

Wash. Admin. Code § 392-400-830 School meals.

A school district may not administer any discipline in a manner that would result in the denial or delay of a nutritionally adequate meal to the student.

History

Statutory Authority: RCW 28A.600.015, 28A.600.020 and 28A.600.010 through 28A.600.022, 28A.320.211. WSR 18-16-081, § 392-400-830, filed 7/30/18, effective 8/31/18.

Chapter 392-401 Statewide definition of absence, excused and unexcused.

Wash. Admin. Code § 392-401-005 Purpose.

The purpose of this chapter is to:

(1) Define student absence for school districts in order to support accurate and consistent attendance data collection across the state; and

(2) Establish the minimum criteria of a multitiered system of support for attendance that each school district must implement in order to address barriers to student attendance, provide timely interventions and best practices to reduce chronic absenteeism and truancy as required under chapter 28A.225 RCW.

Attendance data is timely, actionable, and measures when a student has accessed instruction. Attendance data highlights the inequities in our systems and signals areas for system and school improvement. Attendance data also signals to adults when students might need additional support.

These rules support the state and school districts to address the challenge of chronic absenteeism, improve learning outcomes and success in school for all students and support the whole child.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-005, filed 8/13/21, effective 9/13/21. Statutory Authority: RCW 28A.300.046. WSR 18-11-011, § 392-401-005, filed 5/3/18, effective 8/1/18.

Wash. Admin. Code § 392-401-010 Authority.

The authority for this chapter is RCW 28A.300.046, which requires the superintendent of public instruction to adopt rules establishing a standard definition of student absence from school. Additional authority for this chapter is in chapter 28A.225 RCW, which requires the superintendent of public instruction to adopt rules pertaining to required actions on the part of school districts to address barriers to student attendance and truancy.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-010, filed 8/13/21, effective 9/13/21. Statutory Authority: RCW 28A.300.046. WSR 18-11-011, § 392-401-010, filed 5/3/18, effective 8/1/18.

Wash. Admin. Code § 392-401-011 Scope and application.

(1) This chapter applies to common school districts, charter public schools, and state-tribal education compact schools.

(2) This chapter does not apply to students enrolled in an alternative learning experience and claimed for state funding pursuant to WAC 392-121-182.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-011, filed 8/13/21, effective 9/13/21.

Wash. Admin. Code § 392-401-012 General definitions.

(1) "Asynchronous instruction" means instruction prepared by a certificated teacher that occurs away from the physical school setting without two-way interactive communication.

(2) "In-person instruction" is when instructional activity is planned and delivered under the supervision of school district staff and on school grounds.

(3) "Parent" has the same meaning as in WAC 392-172A-01125.

(4) "Synchronous online instruction" means scheduled real-time instruction between the student and a certified teacher or a district staff supervised by a certified teacher that provides opportunities for live two-way interactive communication online.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-012, filed 8/13/21, effective 9/13/21.

Wash. Admin. Code § 392-401-015 Definition of absence from in-person instruction.

A student is absent from in-person instruction when the student is:

(1) Not physically present on school grounds; and

(2) Not participating in the following activities at an approved location:

(a) Instruction; or

(b) Any instruction-related activity; or

(c) Any other district or school approved activity that is regulated by an instructional/academic accountability system, such as participation in district-sponsored sports.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-015, filed 8/13/21, effective 9/13/21. Statutory Authority: RCW 28A.300.046. WSR 18-11-011, § 392-401-015, filed 5/3/18, effective 8/1/18.

Wash. Admin. Code § 392-401-016 Definition of absence from synchronous and asynchronous instruction.

(1) A student is absent from synchronous online instruction when the student does not log in to the synchronous meeting/class.

(2) A student is absent from asynchronous instruction when there is no evidence that the student accessed the planned asynchronous activity.

(3) Evidence of student participation in asynchronous activities must occur daily, within a twenty-four-hour time frame of when the participation is planned or expected.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-016, filed 8/13/21, effective 9/13/21.

Wash. Admin. Code § 392-401-018 Daily attendance taking.

School districts must take daily attendance for all enrolled students whether the instructional modality is in-person, synchronous or asynchronous.

When instruction is synchronous online or asynchronous, secondary schools must take attendance daily in each course with planned instruction and elementary schools must take attendance at least twice a day.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-018, filed 8/13/21, effective 9/13/21.

Wash. Admin. Code § 392-401-020 Excused absences.

(1) Absences due to the following reasons must be excused:

(a) Physical health or mental health symptoms, illness, health condition or medical appointment for the student or person for whom the student is legally responsible. Examples of symptoms, illness, health conditions, or medical appointments include, but are not limited to, medical, counseling, mental health wellness, dental, optometry, pregnancy, and behavioral health treatment (which can include in-patient or out-patient treatment for chemical dependency or mental health);

(b) Family emergency including, but not limited to, a death or illness in the family;

(c) Religious or cultural purpose including observance of a religious or cultural holiday or participation in religious or cultural instruction;

(d) Court, judicial proceeding, court-ordered activity, or jury service;

(e) Post-secondary, technical school or apprenticeship program visitation, or scholarship interview;

(f) State-recognized search and rescue activities consistent with RCW 28A.225.055;

(g) Absence directly related to the student's homeless or foster care/dependency status;

(h) Absences related to deployment activities of a parent or legal guardian who is an active duty member consistent with RCW 28A.705.010;

(i) Absences due to suspensions, expulsions or emergency removals imposed pursuant to chapter 392-400 WAC if the student is not receiving educational services and is not enrolled in qualifying "course of study" activities as defined in WAC 392-121-107;

(j) Absences due to student safety concerns, including absences related to threats, assaults, or bullying;

(k) Absences due to a student's migrant status;

(l) Absences due to an approved activity that is consistent with district policy and is mutually agreed upon by the principal or designee and a parent, guardian, or emancipated youth; and

(m) Absences due to the student's lack of necessary instructional tools, including internet access or connectivity.

(2) In the event of emergency school facility closure due to COVID-19, other communicable disease outbreak, natural disaster, or other event when districts are required to provide synchronous and asynchronous instruction, absences due to the following reasons must be excused:

(a) Absences related to the student's illness, health condition, or medical appointments due to COVID-19 or other communicable disease;

(b) Absences related to caring for a family member who has an illness, health condition, or medical appointment due to COVID-19, other communicable disease, or other emergency health condition related to school facility closures;

(c) Absences related to the student's family obligations during regularly scheduled school hours that are temporarily necessary because of school facility closures, until other arrangements can be made; and

(d) Absences due to the student's parent's work schedule or other obligations during regularly scheduled school hours, until other arrangements can be made.

(3) Districts may define additional categories or criteria for excused absences. A school principal or designee has the authority to determine if an absence meets the criteria in subsections (1) and (2) of this section and school district policy for an excused absence.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-401-020, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.300.046. WSR 22-13-056, § 392-401-020, filed 6/8/22, effective 8/1/22. Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-020, filed 8/13/21, effective 9/13/21. Statutory Authority: RCW 28A.300.046. WSR 18-11-011, § 392-401-020, filed 5/3/18, effective 8/1/18.

Wash. Admin. Code § 392-401-030 Unexcused absences.

Any absence from school is unexcused unless it meets one of the criteria provided in WAC 392-401-020.

History

Statutory Authority: RCW 28A.300.046. WSR 18-11-011, § 392-401-030, filed 5/3/18, effective 8/1/18.

Wash. Admin. Code § 392-401-038 Data reporting.

School districts must report student absences to the office of superintendent of public instruction through the comprehensive education data and research system (CEDARS) as provided in the CEDARS data manual.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-038, filed 8/13/21, effective 9/13/21.

Wash. Admin. Code § 392-401-040 Student absences—General requirements.

(1) Students shall not be considered absent if:

(a) The student has been suspended, expelled, or emergency removed pursuant to chapter 392-400 WAC;

(b) Are receiving educational services as required by RCW 28A.600.015 and chapter 392-400 WAC; and

(2) A school or district shall not convert or combine tardies into absences that contribute to a truancy petition.

History

Statutory Authority: RCW 28A.300.046, 28A.600.010, 28A.600.015, and 28A.600.020. WSR 25-13-037, s 392-401-040, filed 6/10/25, effective 7/11/25. Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-040, filed 8/13/21, effective 9/13/21.

Wash. Admin. Code § 392-401-045 Multitiered system of support for attendance.

(1) School districts must implement these minimum requirements of a multitiered system of support for attendance to address barriers to student attendance, provide timely interventions and best practices to reduce chronic absenteeism and truancy.

(2) Multitiered systems of support under this section must include:

(a) Monitoring daily attendance data for all students who are absent, whether the absence is excused or unexcused;

(b) A process to contact families and verify current contact information for each enrolled student that includes multiple attempts and modalities in the parent's home language;

(c) Differentiated supports that address the barriers to attendance and participation that includes universal supports for all students and tiered interventions for students at-risk of and experiencing chronic absence, including school and district attendance or engagement teams, connecting to community resources, and community engagement boards; and

(d) A process for outreach and reengagement for students who have been withdrawn due to nonattendance and there is no evidence that the student is enrolled elsewhere. This outreach and reengagement process must include:

(i) A school and/or district point person/people to maintain the list, keep it updated, and coordinate the outreach;

(ii) School or district staff assigned to conduct the outreach and attempts at reengagement in coordination with community partners or other programs;

(iii) Multiple methods of communication and outreach in a language or mode of communication that the parent understands including phone calls, texts, letters, and home visits;

(iv) Referral to community-based organizations;

(v) Documentation of the attempts to reach student and family; and

(vi) Follow the required steps to address unexcused absences in chapter 28A.225 RCW, including early communication to parents, holding parent conferences and administering a truancy screener to understand the underlying reasons for the absences, and providing evidence-based or best practice interventions, even if the student has been withdrawn due to nonattendance.

History

Statutory Authority: RCW 28A.300.046 and 2021 c 119 § 3. WSR 21-17-088, § 392-401-045, filed 8/13/21, effective 9/13/21.

Chapter 392-405 Harassment, intimidation and bullying.

Wash. Admin. Code § 392-405-005 Authority.

The authority for this chapter is RCW 28A.300.285, which provides that the superintendent of public instruction shall adopt rules regarding school districts' communication of a model harassment, intimidation, and bullying policy and procedure to parents, students, employees, and volunteers.

History

Statutory Authority: RCW 28A.300.285. WSR 19-19-022, § 392-405-005, filed 9/10/19, effective 10/11/19.

Wash. Admin. Code § 392-405-010 Purpose.

The purpose of this chapter is to establish the requirements school districts must meet when communicating the district's harassment, intimidation, and bullying policy and procedure to parents, students, employees, and volunteers.

History

Statutory Authority: RCW 28A.300.285. WSR 19-19-022, § 392-405-010, filed 9/10/19, effective 10/11/19.

Wash. Admin. Code § 392-405-020 School district rules defining harassment, intimidation and bullying prevention policies and procedures—Distribution of rules.

(1) A school district's harassment, intimidation and bullying policy and procedure must be published and made available to all parents or guardians, students, employees, and volunteers on an annual basis.

(2) A school district must publish, at a minimum, the following materials:

(a) The district's policy and procedure;

(b) A harassment, intimidation, and bullying incident reporting form; and

(3) If a school district does not distribute the policy and procedure to all parents or guardians, students, employees, and volunteers, the district must provide notice that describes the contents of the policy and procedure and specifies the person(s) to contact for a copy. The notice must be provided to students and parents on an annual basis in a manner reasonably calculated to come to their attention.

History

Statutory Authority: RCW 28A.300.285. WSR 19-19-022, § 392-405-020, filed 9/10/19, effective 10/11/19.

Chapter 392-410 Courses of study and equivalencies.

Wash. Admin. Code § 392-410-100 Authority and purpose.

(1) The general authority for this chapter is RCW 28A.230.020 which authorizes the superintendent of public instruction to prepare an outline of study for the common schools and to adopt rules to meet the educational needs of students. Where applicable, specific statutory authority is cited within sections of this chapter.

(2) The purposes of this chapter are to:

(a) Implement RCW 28A.230.020 by prescribing state requirements for a course of study in the common schools;

(b) Implement courses of study specifically required by statutes;

(c) Implement RCW 28A.230.100 establishing procedural and substantive requirements for the granting of credit for equivalent courses of study which may be in conjunction with or as a substitution for courses of study in common schools.

History

Statutory Authority: RCW 28A.230.090. WSR 07-04-047, § 392-410-100, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-100, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.04.120. WSR 00-19-106, § 180-50-100, filed 9/20/00, effective 10/21/00. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-50-100, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-100, filed 10/4/84.

Wash. Admin. Code § 392-410-110 Prospective application of amendments to this chapter.

Pursuant to WAC 180-51-035, high school students shall be entitled to incorporate into their graduation requirements the provisions of this chapter as written and effective for the applicable year. Amendments to this chapter shall apply prospectively to the school year which commences subsequent to the adoption of amendments.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-110, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-110, filed 10/4/84.

Wash. Admin. Code § 392-410-115 Mandatory areas of study in the common school.

(1) Pursuant to RCW 28A.230.020 all school districts shall provide instruction in reading, penmanship, spelling, mathematics, geography, English grammar, physiology, hygiene, and history of the United States.

(2) Pursuant to RCW 28A.230.030, unless instruction in a language other than English will aid the educational advancement of the student, all students shall be taught in English.

(3) Pursuant to RCW 28A.230.130 each school district offering a high school program shall provide a course of study which includes the preparation for uniform college and university entrance requirements.

(4) In addition to the requirements in the above subsections, each such school district shall offer all required courses for a high school diploma as provided in chapter 180-51 WAC and shall provide an opportunity for high school students to take at least one course in the following areas of study:

(a) Art;

(b) Career education;

(d) Consumer education;

(e) Economics;

(f) A language other than English which may include American Indian languages;

(g) Health education;

(h) Home and family life;

(i) Music;

(j) Remedial education, including at least, remedial education in reading, language arts, and mathematics.

(5) Districts shall make available to all high school students enrolled therein the areas of study enumerated above either within the district or by alternative means which shall include equivalent education programs set forth in this chapter, interdistrict cooperative programs as permitted by RCW 28A.225.220, and/or the full-time or part-time release of such students to attend nonresident districts pursuant to chapter 392-137 WAC.

(6) Pursuant to RCW 28A.230.020 instruction about conservation, natural resources, and the environment shall be provided at all grade levels in an interdisciplinary manner through science, the social studies, the humanities, and other appropriate areas with an emphasis on solving the problems of human adaptation to the environment.

History

Statutory Authority: RCW 28A.230.090. WSR 07-04-047, § 392-410-115, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-115, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.410.010. WSR 94-03-104 (Order 5-94), § 180-50-115, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.305.130. WSR 91-01-067, § 180-50-115, filed 12/14/90, effective 1/14/91. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-50-115, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-115, filed 10/4/84.

Wash. Admin. Code § 392-410-120 Washington state history and government requirements.

(1) Grades 1-6. A one-semester course—i.e., 90 (50 minute) hours of instruction—or its equivalent in Washington state history and government shall be required in the common schools in grades one through six combined, but not at each grade level.

(2) Grades 7-12. A one-semester course—i.e., 90 (50 minute) hours of instruction—or its equivalent in Washington state history and government shall be required in the common schools in grades seven through twelve combined, but not at each grade level. Such course shall include a study of the Washington state Constitution and is encouraged to include information on the culture, history, and government of the American Indian people who were the first inhabitants of the state.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-120, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.04.120. WSR 00-19-106, § 180-50-120, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.410.010. WSR 94-03-104 (Order 5-94), § 180-50-120, filed 1/19/94, effective 2/19/94. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-50-120, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120 (6) and (8) and 28A.05.060. WSR 85-12-037 (Order 13-85), § 180-50-120, filed 6/3/85. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 85-04-007 (Order 1-85), § 180-50-120, filed 1/25/85
WSR 84-21-004 (Order 12-84), § 180-50-120, filed 10/4/84.

Wash. Admin. Code § 392-410-135 Physical education—Grade school and high school requirement.

(1) Grades 1-8. Pursuant to RCW 28A.230.040, an average of at least one hundred instructional minutes per week per year in physical education shall be required of all pupils in the common schools in the grade school program (grades 1-8) unless waived pursuant to RCW 28A.230.040.

(2) Grades 9-12. Pursuant to RCW 28A.230.050, a one credit course or its equivalent shall be offered in physical education for each grade in the high school program (grades 9-12).

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-135, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.04.120. WSR 00-23-031, § 180-50-135, filed 11/8/00, effective 12/9/00. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-50-135, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120 (6) and (8) and 28A.05.060. WSR 85-20-026 (Order 19-85), § 180-50-135, filed 9/24/85. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-135, filed 10/4/84.

Wash. Admin. Code § 392-410-136 Physical education requirement—Excuse.

The fitness requirement shall be met by course work in fitness education. The content of courses shall be determined locally pursuant to WAC 180-51-025. Students may be excused from physical education pursuant to RCW 28A.230.050. Such excused students shall be required to substitute equivalency credits in accordance with policies of boards of directors of districts.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-136, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.230.090. WSR 00-19-108, § 180-51-085, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.230.100. WSR 92-08-078, § 180-51-085, filed 3/31/92, effective 5/1/92
WSR 91-11-018, § 180-51-085, filed 5/6/91, effective 6/6/91. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-51-085, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.05.060. WSR 85-12-041 (Order 12-85), § 180-51-085, filed 6/5/85. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-085, filed 5/17/84.

Wash. Admin. Code § 392-410-140 Sexual health education—Definition—Optional course or subject matter—Excusal of students.

(1) Local option. The decision as to whether or not a program about sexual health education is to be introduced into the common schools is a matter for determination at the district level by the local school board, the duly elected representatives of the people of the community.

(2) Definition(s).

(a) Sexual health education for the purpose of this regulation is consistent with the 2005 Guidelines for Sexual Health and Disease Prevention. It includes:

(i) The physiological, psychological, and sociological developmental processes experienced by an individual;

(ii) The development of intrapersonal and interpersonal skills to communicate, respectfully and effectively, to reduce health risks and choose healthy behaviors;

(iii) Health care and prevention resources;

(iv) The development of meaningful relationships and avoidance of exploitative relationships; and

(v) Understanding of the influences of family, peers, community and the media throughout life on healthy sexual relationships.

(b) Medically and scientifically accurate means information that is verified or supported by research in compliance with scientific methods, is published in peer reviewed journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the field of sexual health including but not limited to the American College of Obstetricians and Gynecologists, the Washington state department of health and the U.S. Centers for Disease Control and Prevention.

(3) By September 1, 2008, every public school that offers sexual health education must assure the sexual health education is medically and scientifically accurate, age appropriate, and inclusive of students regardless of gender, race, disability status, or sexual orientation.

(4) Development of instruction in sexual health education.School districts shall involve parents and school district community groups in the planning, development, evaluation, and revision of any instruction in sexual health education offered as a part of the school program.

(5) All sexual health education programs must include an emphasis on abstinence as the only one hundred percent effective means of preventing unintended pregnancy, HIV and other sexually transmitted diseases. All sexual health education programs must also provide medically and scientifically accurate information on all other methods of preventing unintended pregnancy, HIV and other sexually transmitted diseases. Abstinence may not be taught to the exclusion of instruction on contraception and disease prevention.

(6) Schools may choose to use separate, outside speakers or prepared curriculum to teach different content areas or units within the comprehensive sexual health program. All such curricula, presentations and materials used must be medically and scientifically accurate. The Washington state department of health, upon request, may provide technical assistance regarding medical and scientific accuracy.

(7) Notification of parents. Each school district shall, at least one month before teaching a program in sexual health education in any classroom or other school venue, provide notice to parents of the planned instruction and that the materials or course of study are available for inspection. Such notification includes all formats of instruction related to sexual health education including, but not limited to written materials, guest speakers, classroom presentations, videos, electronically formatted materials.

(8) Excusal of students—Alternative studies. Any parent or legal guardian who wishes to have his/her child excused from any planned instruction in sexual health education may do so upon filing a written request with the school district board of directors or its designee and the board of directors shall make available the appropriate forms for such requests. Alternative educational opportunities shall be provided for those excused.

The requirement to report harassment, intimidation, or bullying under RCW 28A.600.480(2) applies to this section.

History

Statutory Authority: RCW 28A.300.040. WSR 08-17-029 and 08-19-038, § 392-410-140, filed 8/13/08 and 9/10/08, effective 9/13/08 and 10/11/08. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-140, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-140, filed 10/4/84.

Wash. Admin. Code § 392-410-150 Sexual abuse prevention curricula.

(1) Authority and purpose. The authority for this chapter is RCW 28A.300.150, which requires the superintendent of public instruction to adopt rules addressing the prevention of sexual abuse of students in kindergarten through twelfth grade and child abuse for purposes of curricula used in public schools. The purpose of this chapter is to address the prevention of child sexual abuse of students in kindergarten through twelfth grade for purposes of curricula used in public schools.

(2) Definitions. As used in this chapter the terms:

(a) "Charter school" means a public school governed by a charter school board and operated according to the terms of a charter contract executed under chapter 28A.710 RCW.

(b) "Child sexual abuse prevention" means the prevention of unwanted conduct of a sexual nature occurring once or repeatedly in youth in kindergarten through twelfth grade. This may include, but is not limited to, the following:

(i) Sexual abuse;

(ii) Sexual exploitation;

(iii) Sexual violence; or

(iv) Sexual assault.

(c) "Child sexual abuse prevention curriculum" means written instructional materials used with students in kindergarten through twelfth grade for the purpose of child sexual abuse prevention during a unit of study expressly intended for that purpose.

(d) "Parent" has the same meaning as in WAC 392-172A-01125.

(e) "Tribal compact school" means a school that is:

(i) The subject of a state-tribal education compact that is approved and executed in accordance with this chapter; and

(ii) Operated according to the terms of a state-tribal education compact.

(3) Local option. School districts, charter schools, and tribal compact schools may, at their discretion, implement child abuse prevention curricula in accordance with this chapter.

(4) Resources. All school districts, charter schools, or tribal compact schools that implement a child sexual abuse prevention curriculum must review the information, recommendations, and resources disseminated by the office of superintendent of public instruction under RCW 28A.300.150 before implementing the curriculum.

(5) Notification.

(a) Notice to parents. School districts, charter schools, and tribal compact schools must, at least one month before teaching a child sexual abuse prevention curriculum in any classroom or other public school venue, provide notice to parents of the planned instruction and that the materials or course of study are available for inspection. Such notification includes all formats of instruction included in the child sexual abuse prevention curriculum including, but not limited to, written materials, guest speakers, classroom presentations, videos, electronically formatted materials.

(b) Notice to students. At least one month before teaching a child sexual abuse prevention curriculum in any classroom or other public school venue, school districts, charter schools, and tribal compact schools must provide notice to students of the planned instruction. The notification must inform students that parents have received notice of the planned instruction pursuant to this section.

(6) Excusal of students.

(a) Written request. Any parent who wishes to have their child excused from any planned instruction in child sexual abuse prevention may do so upon filing a written request to the school in accordance with school policy. The school must make the appropriate forms available to parents for such requests.

(b) Excusal of students. Alternative educational opportunities must be provided to excused students.

(7) Policies and procedures. School districts, charter schools, and tribal compact schools that adopt a child sexual abuse curriculum must maintain policies and procedures regarding reporting and responding to child sexual abuse, and provide professional development related to child sexual abuse.

History

Statutory Authority: RCW 28A.300.150. WSR 19-16-138, § 392-410-150, filed 8/6/19, effective 9/6/19.

Wash. Admin. Code § 392-410-300 Equivalency course of study—Credit for learning experiences conducted away from school or by persons not employed by the school district.

(1) Credit, including high school graduation credit, may be granted for school planned or approved learning experiences primarily conducted away from the facilities owned, operated, or supervised by the district or conducted primarily by individuals not employed by the district.

(2) School planned or approved learning experiences such as, but not limited to, travel study, work study, private lessons, and educational programs sponsored by governmental agencies may be accepted for credit upon compliance with written policies established by the district.

(3) Written policies which permit the granting of credit for such out-of-school learning activities shall be adopted by the district board of directors and shall be available to students, parents, and the public upon request. Such policies shall include at least the following provisions:

(4) A proposal for approval of credit for such learning experiences shall be submitted to the personnel designated in the written policy for review, revision, and approval or disapproval prior to the experience and shall include at least the following information:

(a) Name of program or planned learning experience;

(b) Length of time for which approval is desired;

(d) Which one or more of the state learning goals and related essential academic learning requirements are part of the program or planned learning experience;

(e) Description of how credits shall be determined in accord with WAC 180-51-050(1);

(f) Content outline of the program and/or major learning activities and instructional materials to be used;

(g) Description of how student performance will be assessed;

(h) Qualifications of instructional personnel;

(i) Plans for evaluation of program; and

(j) How and by whom the student will be supervised.

(5) The reasons for approval or disapproval shall be communicated to the students and parents or guardians.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-300, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.04.120. WSR 00-19-106, § 180-50-300, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-300, filed 10/4/84.

Wash. Admin. Code § 392-410-310 Equivalency course of study—Credit for correspondence courses, electronically mediated courses, and college courses.

Each common school district board of directors shall adopt policies governing the acceptance of correspondence or college courses for credit, including high school graduation credit. Such rules shall limit acceptance to courses from approved schools or institutions and shall be available upon request for review by students, parents, and the public. The following are approved schools:

(1) Schools that are members of the National University Continuing Education Association or accredited by the Distance Education and Training Council;

(2) Community colleges, technical colleges, four-year colleges and universities, and approved private schools in Washington state; and

(3) Other schools or institutions, including electronically mediated schools or programs, which are approved, after evaluation of a particular course offering, by the school district.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-310, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.04.120. WSR 00-19-106, § 180-50-310, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.04.120(6). WSR 88-01-108 (Order 17-87), § 180-50-310, filed 12/22/87. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-310, filed 10/4/84.

Wash. Admin. Code § 392-410-315 Equivalency course of study—Credit for worksite learning.

School districts may accept worksite learning in lieu of either required or elective high school credits if such worksite learning meets the standards under subsections (1) through (4) of this section. Comprehensive guidelines are available on the OSPI website in the worksite learning manual.

(1) Definitions:

(a) "Work based learning" means sustained interactions with industry or community professionals in real workplace settings, to the extent practicable, or simulated environments at an educational institution that foster in-depth, firsthand engagement with the tasks required in a given career field, that are aligned to curriculum and instruction.

(b) "Worksite learning" means a learning experience that occurs at a qualified worksite outside the classroom in fulfillment of a student's educational or career plan through the coordination of a worksite learning certified teacher. Direct instruction and supervision is provided by a qualified worksite supervisor.

(c) "Worksite learning coordinator" means a certified school district employee responsible for coordinating worksite learning experiences. For career and technical education programs, the coordinator must possess a worksite learning certificate in accordance with WAC 181-77-068. For noncareer and technical education programs, the coordinator must successfully demonstrate competencies related to coordination techniques as verified by a professional educator standards board approved program.

(d) "Worksite supervisor" means a qualified adult from the worksite responsible for overseeing the worksite learning experience and acting as liaison between the worksite and school district.

(e) "Worksite learning agreement" means a contract that specifies the terms and conditions under which the worksite learning experience shall occur. It is agreed to and signed by the school district, worksite supervisor, student, and the student's parents/guardians.

(f) "Program orientation" means a meeting conducted by a worksite learning coordinator giving information to a worksite supervisor about the worksite learning program of the school. The orientation clarifies program objectives, establishes support systems, and delineates the responsibilities and rights of the various parties—school/district, worksite, students, and parents/guardians. The worksite learning coordinator qualifies the worksite and the worksite supervisor.

(g) "Employee orientation" means training for the student facilitated by a worksite supervisor or designee (e.g., human resources). This is necessary for students in cooperative worksite learning and instructional worksite learning experiences. The orientation includes worksite safety procedures and practices, workers' rights and responsibilities, issues related to harassment, and employer policies, procedures and expectations. The orientation shall also include a description of the formal accident prevention program of the worksite.

(h) "Instructional worksite learning" means a learning experience that takes place in the community (or school if the experience is comparable to that in a community setting) as part of a specific course content where the student performs tasks in order to gain desired skills, competencies, qualifications or industry certifications through direct instruction.

(i) "Cooperative worksite learning" means a learning experience where a student practices in the community (or school if the experience is comparable to that in a community setting) the skills and knowledge learned in the classroom. An employer/employee relationship must exist if the work performed by the student results in a net increase in productivity or profitability for the business or organization.

(j) "Qualifying class" means any high school class previously passed or concurrently taken that directly connects the knowledge and skills learned in the class to opportunities provided by the worksite learning experience. For career and technical education funding, "qualifying classes" mean classes approved for career and technical education in the district offering worksite learning credit.

(2) The student shall be placed in a worksite that is appropriate to his or her previous learning experience and educational goals which shall be formalized through a worksite learning agreement and worksite learning plan. The worksite learning experience shall be connected to the student's high school and beyond plan in accordance with WAC 180-51-220. The student must have taken or be concurrently enrolled in a qualifying class.

(a) The worksite learning plan shall articulate the connection between the education plan of the student and the worksite learning experience.

(b) Evaluation of learning progress related to the worksite learning plan shall occur during the worksite learning experience.

(i) Learning objectives shall be evaluated and updated on a regular basis as outlined in the worksite learning agreement.

(ii) Documentation of progress shall be on file in the district as outlined in the worksite learning agreement.

(3) The worksite learning experience shall be supervised by the school. A worksite learning coordinator shall be responsible for:

(a) Aligning the worksite learning experience to the education plan of the student;

(b) Identifying and developing worksite learning sites, establishing worksite learning agreements and worksite learning plans, orienting and coordinating with a worksite supervisor on the worksite, and assessing and reporting student progress;

(i) Has received an orientation on the worksite learning program of the school prior to placement of the student on the worksite;

(ii) Has provided the student with a new-employee orientation upon placement;

(iii) Applies legal requirements of the employment of minors in accordance with chapters 296-125 and 296-131 WAC, particularly on issues of occupational health and safety, discrimination, harassment, worker/employer rights and responsibilities, and work rules for minors;

(d) Possessing a valid Washington state secondary teaching certificate in accordance with chapter 181-79A or 181-77 WAC;

(e) Successfully demonstrating competencies related to coordination techniques as verified by a professional educator standards board approved program; and

(f) Supervising the experience and communicating with the worksite supervisor when not on-site.

(4) A 1.0 credit may be granted for no less than 180 hours for instructional worksite learning experience, and not less than 360 hours of cooperative worksite learning experience, or one credit may be granted on a competency basis as provided under WAC 180-51-050 (1)(b).

(a) A student participating in an instructional worksite learning experience shall receive instruction supervised by the school. The worksite learning coordinator oversees the experience but does not need to be on-site with the student during the entire experience unless specific accommodations and a plan to address those accommodations are on file with the district requiring direct supervision of the student at the worksite. The student shall be 16 years of age or older unless under direct supervision of a school district employee.

Career and technical education approved instructional worksite learning shall be coordinated by a certificated worksite learning coordinator who is also certificated in the program area where credit is offered.

(b) A student participating in a cooperative worksite learning experience shall be legally employed if the work being performed by the student results in a net increase in productivity or profitability for the business or organization. The student shall be 16 years of age or older.

(i) Career and technical education approved cooperative worksite learning shall be coordinated by a certificated worksite learning coordinator.

(ii) The cooperative worksite learning experience shall be a direct extension of a qualifying class.

(iii) For cooperative worksite learning, the learning experience must be reported using the specific worksite placement state course code and course designation code per OSPI guidance.

History

Statutory Authority: RCW 28A.230.100 and chapter 28A.600 RCW. WSR 23-16-093, § 392-410-315, filed 7/31/23, effective 8/31/23. Statutory Authority: RCW 28A.305.130. WSR 08-12-094, § 392-410-315, filed 6/4/08, effective 7/5/08
WSR 08-04-074, § 392-410-315, filed 2/4/08, effective 3/6/08. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-315, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.305.130 (8), (9), and 28A.230.100. WSR 03-04-054, § 180-50-315, filed 1/29/03, effective 3/1/03. Statutory Authority: RCW 28A.04.120. WSR 00-19-106, § 180-50-315, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.04.120 (6) and (8) and 28A.05.060. WSR 85-12-037 (Order 13-85), § 180-50-315, filed 6/3/85. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-315, filed 10/4/84.

Wash. Admin. Code § 392-410-316 Equivalency course of study—Elective credit for paid work experience.

(1) The board of directors of a district offering a high school diploma and providing students with the opportunity to learn and master the state financial education learning standards adopted in RCW 28A.300.469, shall adopt written policies providing for the granting of elective high school graduation credit for paid work experience. Credit is earned when the following conditions are met:

(a) The student is legally eligible for paid employment and is at least 16 years old.

(b) A 1.0 credit is granted for no less than 360 hours of paid work, a .5 credit may be granted for no less than 180 hours of paid work.

(d) The paid work experience is approved in advance and in writing by the school counselor, principal, or principal designee. Approval is contingent upon submission of the following information:

(i) Identification of the work-based sponsor (employer) who will serve as the point of contact and supervise the student during employment.

(ii) A student narrative that describes how the paid work experience will develop knowledge and skills for basic education; an understanding of work and finance; and how performance, effort, and decisions affect future career and educational opportunities as provided in RCW 28A.150.210(4).

(iii) A plan to include how the student will demonstrate or be assessed on:

(A) Grade-level proficiency of the state financial education learning standards for employment, income, or financial decisions adopted in RCW 28A.300.469; and

(B) Growth in proficiency in meeting the state financial education learning standards that occurred between pre-work and post-work experiences.

(e) Paid hour verification is completed by the school district no less than once per term.

(f) Students may earn credit under this section for work experiences scheduled as part of their school day, experiences that occur outside of the regular school calendar, or through WAC 180-51-050 and 180-51-051.

(g) The learning experience must be reported using the specific state course code and course designation code per OSPI guidance.

(2) A maximum of two elective credits may be earned through paid work experience reflected in this section.

(3) This section does not impact the legal requirements of the employment of minors in accordance with chapters 296-125 and 296-131 WAC, particularly on issues of occupational health and safety, discrimination, harassment, worker/employer rights and responsibilities, and work rules for minors.

(4) This subsection does not modify a district's ability to adopt policies to increase student access to credit for worksite learning that includes cooperative worksite learning for nonelective credit as referenced in WAC 392-410-315; or through mastery-based education as referenced in WAC 180-51-051.

(5) Paid work experience scheduled as part of the student's school day may be claimed for apportionment in alignment with WAC 392-121-140.

History

Statutory Authority: RCW 28A.230.100 and chapter 28A.600 RCW. WSR 23-16-093, § 392-410-316, filed 7/31/23, effective 8/31/23.

Wash. Admin. Code § 392-410-320 Equivalency course of study—National Guard high school career training and Washington National Guard youth challenge program—Approval procedures.

(1) School districts may accept National Guard high school career training and Washington National Guard youth challenge program participation in lieu of either required or elective high school credits. Students who are enrolled in such training or a National Guard program with the approval of the school district of last attendance shall be considered enrolled in such district for state equalization apportionment and other appropriate purposes in accord with the provisions of RCW 28A.150.310.

(2) Approval by the district shall be obtained prior to a student's participation in a National Guard career training or youth challenge program as follows:

(a) An appropriate form provided by the National Guard shall be completed and filed with the school district; and

(b) The number of credits toward high school graduation to be granted shall be calculated, agreed upon by the student and an authorized representative of the school district, and such agreement shall be noted on the form required under (a) of this subsection.

(c) Credit toward high school graduation may be granted by the school district upon written certification by a National Guard training unit commander or National Guard youth challenge program instructor that the student has met all program requirements.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-320, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.305.130. WSR 05-23-049, § 180-50-320, filed 11/9/05, effective 12/10/05. Statutory Authority: RCW 28A.04.120 (6) and (8). WSR 84-21-004 (Order 12-84), § 180-50-320, filed 10/4/84.

Wash. Admin. Code § 392-410-325 Washington National Guard youth challenge program—Course content—Credits.

See WAC 180-51-120.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-325, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.305.130. WSR 05-23-049, § 180-50-325, filed 11/9/05, effective 12/10/05.

Wash. Admin. Code § 392-410-327 Washington National Guard youth challenge program—Course content—Credits.

In order to assure that an appropriate number of high school credits are awarded to students who complete a National Guard youth challenge program, whether the program involves a contract with a school district or is operated independently, the following provisions shall apply:

(1) High school credit may be awarded only if the course content is of high school level rigor as determined by and to the district's satisfaction - Ninth grade or above, or meets or exceeds the state essential academic learning requirements or grade level expectations at ninth grade or above for the particular subject.

(2) In the case of a contract between a school district and a National Guard youth challenge program, the contract, pursuant to WAC 180-50-320 (2)(b), shall identify the credits the student will be awarded upon satisfactory achievement of the specific learning standards identified in the contract. Determination of satisfactory achievement rests with the school district and may include consideration of recommendations of the program instructor or representative and review of the student's performance while enrolled in the program.

(3)(a) If a student enrolls in a National Guard youth challenge program that is conducted independently, then, when a student reenrolls in a school district, the district's policy on awarding credit under WAC 180-51-050(6) shall apply.

(b) Credits may be awarded on a Carnegie unit basis as provided under WAC 180-51-050 (1)(a).

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-327, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.230.090. WSR 05-23-058, § 180-51-120, filed 11/10/05, effective 12/11/05.

Wash. Admin. Code § 392-410-330 Exceptions to graduation requirements for former educational center students.

Pursuant to the provisions of RCW 28A.205.030 and chapter 392-184 WAC, the provisions of this chapter are modified in order to provide for the exemptions required by RCW 28A.205.030 for former education center students.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-330, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.230.090. WSR 00-19-108, § 180-51-105, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.410.010. WSR 94-03-103 (Order 4-94), § 180-51-105, filed 1/19/94, effective 2/19/94. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-51-105, filed 8/6/90, effective 9/6/90. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-105, filed 5/17/84.

Wash. Admin. Code § 392-410-340 Equivalency credit for alternative learning experiences, nonhigh school courses, electronically mediated courses, work experience, and challenges.

The board of directors of a district offering a high school diploma shall adopt written policies providing for the granting of high school graduation credit for alternative learning experiences, nonhigh school courses, work experience, and challenges. High school credits may be given for, but not limited to, the following:

(1) Planned learning experiences conducted away from the school under the supervision or with the approval of the school and linked to one or more of the state learning goals and related essential academic learning requirements;

(2) Work experience on the basis that 360 hours of work experience equals one credit;

(3) National Guard high school career training and National Guard youth challenge;

(4) Postsecondary courses in accredited colleges and universities. In the case of courses taken under the statutory running start option under RCW 28A.600.300 through 28A.600.400, the district shall award high school credit pursuant to RCW 28A.230.090(6);

(5) Courses in accredited or approved technical colleges;

(6) Correspondence courses from accredited colleges and universities or schools approved by the National University Education Association or the Distance Education and Training Council;

(7) Electronically mediated courses meeting standards which shall be adopted by written policy by the school district, or standards adopted by the Northwest Association of Schools and Colleges, or the Distance Education and Training Council, or the Commission for International and Trans-regional Accreditation;

(8) Other courses offered by any school or institution if specifically approved for credit by the district; and

(9) Credit based on competency testing, in lieu of enrollment or taking specific courses, may be granted by the district.

History

Statutory Authority: RCW 28A.230.100 and chapter 28A.600 RCW. WSR 23-16-093, § 392-410-340, filed 7/31/23, effective 8/31/23. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-410-340, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.230.090. WSR 05-23-058, § 180-51-110, filed 11/10/05, effective 12/11/05
WSR 00-19-108, § 180-51-110, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.05.060. WSR 85-12-041 (Order 12-85), § 180-51-110, filed 6/5/85. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-110, filed 5/17/84.

Wash. Admin. Code § 392-410-350 Seal of biliteracy.

(1) Graduating high school students must meet the following criteria to be awarded a Washington state seal of biliteracy:

(a) Students must earn a Washington state high school diploma from a public school, public charter school, or state tribal education compact school;

(b) Students must demonstrate proficiency in English by meeting the statewide minimum graduation requirements in English in compliance with RCW 28A.655.250; and

(c) Students must demonstrate proficiency in one or more languages other than English, comprising world languages, tribal languages, and heritage languages, by earning either an intermediate award or an advanced award:

(i) Intermediate award. Students must meet one of the following in order to earn an intermediate award:

(A) Demonstrating intermediate-mid level proficiency or higher on all components in the world language corresponding to the American Council on the Teaching of Foreign Languages (ACTFL) proficiency guidelines, a B1.1 or higher on the Common European Framework of Reference for Language (CEFR), or a 1+ on the Interagency Language Roundtable (ILR) skill level descriptions, using a national or international assessment approved by the office of the superintendent of public instruction;

(B) Earning four competency-based credits in one language other than English according to the school district's policy and procedure for competency-based credits for world languages;

(D) Demonstrating intermediate-mid or equivalent on an American Sign Language (ASL) proficiency assessment;

(E) Passing an International Baccalaureate examination with a score of four or five; or

(F) Passing a world language and culture Advanced Placement examination with a score of three or four.

(ii) Advanced award. Students must meet one of the following in order to achieve an advanced award:

(A) Demonstrating advanced-low level proficiency or higher on all components in the world language corresponding to the ACTFL proficiency guidelines, a B2.1 or higher on the CEFR scale, or a two on the ILR using a national or international assessment approved by OSPI;

(B) Earning four competency-based credits or intermediate-mid proficiency under (c)(i) of this subsection in two or more languages other than English according to the school district's policy and procedure for competency-based credits;

(D) Demonstrating advanced proficiency or equivalent in tribal languages;

(E) Demonstrating advanced-low or equivalent on an American Sign Language assessment;

(F) Passing an International Baccalaureate examination with a score of six or higher or completing two Language A requirements; or

(G) Passing a world language and culture Advanced Placement examination with a score of five or world language and literature with a score of three.

(2) Proficiency in tribal languages under subsection (1)(c)(i)(C) of this section is determined by the sovereign tribal government.

(a) Students of tribal languages spoken by Washington's federally recognized tribes must be assessed by a first peoples' first language, culture, and oral traditions certified educator under WAC 181-78A-700 and 181-79A-140.

(b) For tribal languages that are outside of Washington's federally recognized tribes, consult the office of native education within the office of superintendent of public instruction.

(3) All earned seals of biliteracy must be reported by the final Friday of August every year.

History

Statutory Authority: RCW 28A.300.575. WSR 25-14-016, s 392-410-350, filed 6/24/25, effective 7/25/25
WSR 22-05-033, § 392-410-350, filed 2/7/22, effective 3/10/22. Statutory Authority: RCW 28A.230.125, 28A.300.575. WSR 15-09-123, § 392-410-350, filed 4/21/15, effective 5/22/15.

Chapter 392-415 Secondary education—Standardized high school transcript.

Wash. Admin. Code § 392-415-005 Authority.

The authority for this chapter is RCW 28A.305.220 as recodified as a new section in chapter 28A.230 RCW by section 418, chapter 263, Laws of 2006 which authorizes the superintendent of public instruction in consultation with the higher education coordinating board, the state board for community and technical colleges, and the work force training and education coordinating board to develop a standardized high school transcript and to establish definitions for credits and hours for use by all common school districts.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, amended and recodified as § 392-415-005, filed 11/7/06, effective 12/8/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-57-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-005, filed 12/10/84.

Wash. Admin. Code § 392-415-010 Purposes.

The purposes of this chapter are:

(1) To establish standardized criteria for high school transcripts issued by all common school districts; and

(2) To establish definitions for credits, hours, and marking system so that common school district high school transcripts are standardized.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, recodified as § 392-415-010, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-010, filed 12/10/84.

Wash. Admin. Code § 392-415-020 Definition—High school.

As used in this chapter, the term "high school" shall mean all courses taken in the common school commencing with grade nine.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, recodified as § 392-415-020, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-020, filed 12/10/84.

Wash. Admin. Code § 392-415-030 Definition—Standardized high school transcript.

As used in this chapter, "standardized high school transcript" shall mean the standardized content specified in WAC 392-415-070. Such transcript usually is completed by the student's graduation from the twelfth grade but may extend for some students through the school year in which the student becomes twenty-one years of age.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, amended and recodified as § 392-415-030, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-030, filed 12/10/84.

Wash. Admin. Code § 392-415-040 Definitions—Credits and hours.

As used in this chapter, "credit" and "hour" shall mean the same as defined in WAC 180-51-050.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, recodified as § 392-415-040, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-040, filed 12/10/84.

Wash. Admin. Code § 392-415-050 Grade reporting and calculation system.

(1) The standardized high school transcript shall report the marks/grades earned by students in courses as follows. It is not required to adopt a marking/grading system that uses pluses or minuses or, if adopted, to report pluses or minuses on standardized transcripts.

| | (a) | | A | = | 4.0 | | --- | --- | --- | --- | --- | --- | | | (b) | | A- | = | 3.7 | | | (c) | | B+ | = | 3.3 | | | (d) | | B | = | 3.0 | | | (e) | | B- | = | 2.7 | | | (f) | | C+ | = | 2.3 | | | (g) | | C | = | 2.0 | | | (h) | | C- | = | 1.7 | | | (i) | | D+ | = | 1.3 | | | (j) | | D | = | 1.0 | | | (k) | | E or F | = | 0.0 |

(2) The minimal passing mark/grade is D = 1.0. Nonnumerical marks/grades such as pass/fail, pass/no pass, credit/no credit, and satisfactory/unsatisfactory marks also may be used. A mark/grade of "W" shall be used to indicate a withdrawal from a course.

(3) If high school credit is awarded on a competency basis as authorized under state board of education policy WAC 180-51-050(2), the district may use either of the following options for noting the students' performance on the state standardized transcript under WAC 392-415-070:

(a) Determine locally the equivalent passing mark/grade as listed under subsection (1) of this section; or

(b) Designate "pass" or "fail" or "no pass" in the appropriate manner on the transcript.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, amended and recodified as § 392-415-050, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.305.220. WSR 03-04-055, § 180-57-050, filed 1/29/03, effective 3/1/03
WSR 01-24-093, § 180-57-050, filed 12/4/01, effective 1/4/02. Statutory Authority: RCW 28A.04.155. WSR 88-13-026 (Order 15-88), § 180-57-050, filed 6/7/88
WSR 85-01-017 (Order 18-84), § 180-57-050, filed 12/10/84.

Wash. Admin. Code § 392-415-055 Definition—Grade point average.

(1) Each student's "grade point average" shall be the sum of the point values, as defined in WAC 392-415-050, of all the marks/grades received for all courses attempted, divided by the sum of the credits for all courses attempted.

(2) The grade point value shall be rounded by multiplying the numerical value of the mark/grade earned by the number of credits assigned to the course.

(3) Grade point averages shall be rounded to the third decimal place and reported for each trimester/semester or other term and for the cumulative credits earned for all courses attempted in high school.

(4) All marks/grades for all courses taken shall be included in the calculation of grade point averages except for:

(a) Nonnumerical marks/grades shall be excluded from the calculation of grade point averages; and

(b) Only the highest mark/grade earned for a class/course taken more than once to improve a mark/grade shall be included in the calculation of grade point averages.

This exception shall not apply to recurring courses. Recurring courses are not considered repeated courses taken for the purpose of improving a mark/grade. Recurring courses are those taken by a student to further develop their understanding and skills in the subject (e.g., journalism, advanced art or drama, concert band, etc.), or is taken by the student more than once to satisfy different credit requirements (e.g., advanced drama taken three times to meet an elective requirement, an art requirement, and the occupational education requirement).

(c) Credits attempted for courses taken more than once to improve a grade/mark may count only once toward the number of credits required for graduation.

(d) Credits attempted for courses taken more than once to improve a grade may count toward the number of credits required for graduation on the condition that the letter grades earned for all attempts are included in the calculation of the student's grade point average. Districts and schools shall not convert letter grades to nonnumerical grades/marks for the purpose of this subsection.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, amended and recodified as § 392-415-055, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.305.220. WSR 03-04-055, § 180-57-055, filed 1/29/03, effective 3/1/03
WSR 01-24-093, § 180-57-055, filed 12/4/01, effective 1/4/02. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-055, filed 12/10/84.

Wash. Admin. Code § 392-415-060 Use at district level.

All common school districts shall use the standardized high school transcript and the definitions of "credits," "hours," and "marking system" as specified in this chapter. The standardized high school transcript shall be used as an official record for students who commence grade nine subsequent to July 1, 1986.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, recodified as § 392-415-060, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-060, filed 12/10/84.

Wash. Admin. Code § 392-415-065 School of record.

The school of record shall be that school in which the student was most recently enrolled or is currently enrolled whichever is applicable. The school of record shall be responsible for incorporating into the student's standardized transcript the information specified in WAC 392-415-070 from all previous high schools in which the student was enrolled.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, amended and recodified as § 392-415-065, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-065, filed 12/10/84.

Wash. Admin. Code § 392-415-070 Mandatory high school transcript contents—Items—Timelines.

(1)(a) The standardized high school transcript shall contain only the information listed in subsection (2) of this section in order to meet the statutory requirements under RCW 28A.230.125 for a statewide standardized transcript.

(b) Any other information the district or school may desire to include may be stapled to the transcript or otherwise provided with the transcript. Information that is not listed below shall not be included on the state standardized transcript:

(2)(a) Authorized and required transcript information must include:

(i) The student's legal name (last name, first name, and middle name(s) or middle initial(s)), and other or former names used;

(ii) The name(s) of parent(s) or guardian(s);

(iii) The student's birth date (mm/dd/yyyy);

(iv) The student's school district identification number (if applicable);

(v) The school name, address, phone number, and name of the school district issuing the transcript;

(vi) A list of previous schools attended where credit was attempted (school name, city, state, and month and year of entrance and exit);

(vii) The student's academic history for all high school level courses attempted, including courses taken under RCW 28A.230.090(4) and including those courses where a student has withdrawn, and listed by report period for the grade level (month and year), course code and description, marks/grades earned as defined in WAC 392-415-050 (a mark/grade of "W" will be used to indicate a withdrawal from a course), credits attempted and earned as defined in WAC 392-415-040, grade point average as defined in WAC 392-415-055, and a report period and cumulative summary of the student's high school level academic history;

(viii) Credits attempted for courses taken more than once to improve a grade/mark may count only once toward the number of credits required for graduation, except that credits attempted for courses taken more than once to improve a grade may count toward the number of credits required for graduation on the condition that the letter grades earned for all attempts are included in the calculation of the student's grade point average. For the purpose of this subsection, districts and schools shall not convert letter grades to grades/marks not used in the grade point average calculation.

(b) Authorized and required additional transcript information in effect for students who first entered ninth grade in the 2002-03 school year. The following courses, for which college credit can be earned, shall be designated on the transcript with the designation coding indicated. Courses completed and credits earned through running start shall be noted with an "R" designation. Courses completed and credits earned through advanced placement shall be noted with an "A" designation. Courses completed and credits earned through college in the high school shall be noted with a "C" designation. Courses completed and credits earned through an international baccalaureate program shall be noted with an "I" designation. Courses completed which earn college credit through techprep and/or the corresponding credits or certification earned shall be noted with a "T" designation. Courses that meet or satisfy higher education coordinating board core course requirements shall be noted with a "B" designation. Courses completed and credits earned through an honors option shall be noted with an "H" designation.

(c) Authorized and required additional transcript information in effect beginning with students who first entered ninth grade in the 2004-05 school year:

(i) Notation that the high school and beyond plan graduation requirement was met or not met by the student;

(ii) Notation that the culminating project graduation requirement was met or not met by the student; and

(iii) If applicable, notation that the certificate of academic achievement graduation requirement was met or not met by the student;

(iv) If applicable, notation that the certificate of individual achievement graduation requirement was met or not met by the student; and

(v) If applicable, notation of whether the student has earned the Washington state seal of biliteracy as provided under WAC 392-410-350.

(3) Each issuance of the transcript shall include a report date (mm/dd/yyyy), graduation date (noting month and year), end of transcript record (signifying no more authorized data), office of superintendent of public instruction (OSPI) transcript form version number, and page number ('x' of 'y').

(4) The signature of the authorized school official (name, title, and date) and seal of the district, if available. The signature of the authorized school official may be affixed electronically, subject to a written district policy that addresses signature security and assures that the authorized school official acknowledges, in writing, that affixing their signature electronically to the transcript is a legal and binding action.

History

Statutory Authority: RCW 28A.230.125, 28A.300.575. WSR 15-09-123, § 392-415-070, filed 4/21/15, effective 5/22/15. Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, amended and recodified as § 392-415-070, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.305.220. WSR 05-19-106, § 180-57-070, filed 9/20/05, effective 10/21/05
WSR 04-22-059, § 180-57-070, filed 10/29/04, effective 11/29/04
WSR 03-04-055, § 180-57-070, filed 1/29/03, effective 3/1/03
WSR 01-09-013, § 180-57-070, filed 4/6/01, effective 5/7/01. Statutory Authority: RCW 28A.04.155. WSR 00-19-107, § 180-57-070, filed 9/20/00, effective 10/21/00
WSR 85-01-017 (Order 18-84), § 180-57-070, filed 12/10/84.

Wash. Admin. Code § 392-415-080 School profile.

Each school may develop a school profile to be distributed with the standardized transcript. This profile may include school characteristics such as accreditation status, school motto, school size, grades served, staff size and training, school graduation requirements, special curriculum features, and community information. The school profile may be distributed without the student's consent.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, recodified as § 392-415-080, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-080, filed 12/10/84.

Wash. Admin. Code § 392-415-090 Requirement to inform students.

Common school districts shall inform annually all high school students that prospective employers may request to see transcripts and that the student's decision to release transcripts can be an important part of the process of applying for employment.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, recodified as § 392-415-090, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-090, filed 12/10/84.

Wash. Admin. Code § 392-415-100 Transcript release procedures.

All common school districts shall adopt written procedures for the release of official student transcripts. Such procedures shall recognize the limited exception to the release of transcripts provided in RCW 28A.635.060 and shall provide that student transcripts are released to persons other than the student or the student's parents or guardians only upon the written authorization of the student or the student's parents or guardians, whichever is applicable, or as set forth in the Family Educational Rights and Privacy Act of 1974 and subsequent amendments. Except as provided in RCW 28A.635.060, all common school districts shall provide or make available to students upon request complete copies of their high school transcripts, with graduation noted thereon, within forty-five calendar days following the student's graduation from high school.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, recodified as § 392-415-100, filed 11/7/06, effective 12/8/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-57-100, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-100, filed 12/10/84.

Wash. Admin. Code § 392-415-110 Standardized transcript forms.

The superintendent of public instruction shall make available to school districts standardized transcript forms that include the content specified in WAC 392-415-070.

History

Statutory Authority: [RCW 28A.230.125]. WSR 06-23-041, amended and recodified as § 392-415-110, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 28A.04.155. WSR 85-01-017 (Order 18-84), § 180-57-110, filed 12/10/84.

Chapter 392-425 Transition to kindergarten.

Wash. Admin. Code § 392-425-005 Purpose and authority.

The purpose of this chapter is to provide minimum standards and requirements for transition to kindergarten programs. The chapter is intended to ensure that transition to kindergarten programs serve eligible students of all abilities who need additional preparation to be successful in kindergarten and who lack access to other early learning group settings. The rules in this chapter establish expectations for local education agencies in implementing and administering transition to kindergarten programs in accordance with minimum standards and requirements established by the office of superintendent of public instruction.

The authority for this chapter is under RCW 28A.300.072, which requires the office of superintendent of public instruction to establish rules concerning transition to kindergarten programs.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-005, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-010 Applicability.

This chapter establishes the minimum administrative requirements and program standards for implementing and administering quality transition to kindergarten programs under RCW 28A.300.072 and this chapter.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-010, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-015 Eligibility.

A transition to kindergarten program may be implemented and administered by the following local education agencies, in accordance with RCW 28A.300.072:

(1) Common school districts;

(2) State tribal compact schools authorized under chapter 28A.715 RCW;

(3) Beginning in school year 2023-24, only charter schools authorized under RCW 28A.710.080(2) may implement and administer a transition to kindergarten program.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-015, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-020 Definitions.

"Eligible local education agency" means a local education agency authorized to administer a transition to kindergarten program under WAC 392-425-015.

"Screening process and tool" means using one or more instruments or methods of assessing and measuring the ability and need of an individual student.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-020, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-025 Notification of intent to offer a transition to kindergarten program.

An eligible local education agency planning to implement and administer a transition to kindergarten program must submit notification of intent to the office of superintendent of public instruction no later than June 1st before the school year begins. The notice must be provided through a process established by the office of superintendent of public instruction.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-025, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-030 Local area early learning coordination and determining program need.

An eligible local education agency must conduct a local needs assessment before beginning or expanding a transition to kindergarten program that considers the existing availability and affordability of local and local tribal early learning providers in accordance with the minimum standards and requirements established by the office of superintendent of public instruction.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-030, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-035 Staff qualifications.

A person serving as a teacher in a transition to kindergarten program must hold a valid teaching certificate in accordance with Title 181 WAC. Certificated educators with experience in early childhood education are recommended. Paraeducators for transition to kindergarten programs must have met the minimum hiring requirements and must make progress on the paraeducator certificate program in accordance with Title 179 WAC.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-035, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-040 Student eligibility.

(1) Children meeting the following criteria are eligible to participate in a transition to kindergarten program offered by an eligible local education agency:

(a) A child who has been determined, by the local education agency, to benefit from additional preparation for kindergarten through a screening process and tool; and

(b) A child who is at least four years old by August 31st of the school year in which they enroll in a transition to kindergarten program.

(2) In determining student eligibility and admitting students to a transition to kindergarten program, local education agencies must:

(a) Give priority to children most in need of additional preparation to be successful in kindergarten, as demonstrated through a screening process and tool.

(b) Give priority to children with the lowest family income not otherwise eligible and not enrolled in another local program.

(c) Not exclude, nor establish a policy to prohibit from participation, an eligible child due only to the presence of a disability.

(d) Not charge tuition or other fees from state-funded eligible students for enrollment in a transition to kindergarten program.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-040, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-045 Minimum instructional requirements (school year, days, and hours).

(1) Eligible local education agencies offering a transition to kindergarten program must offer the program during the local education agency's school year in accordance with the minimum standards and requirements established by the office of superintendent of public instruction.

(a) The program may begin after the first day of the local education agency's school year.

(b) If a partial-year program is being offered, it must begin by January 31st of the school year.

(2) Transition to kindergarten programs must be offered as an all-day program.

Based on individual student need, a district may allow a child to participate in a transition to kindergarten program as a part-time student (partial day). A part-time student will be counted as a partial full-time equivalent student in accordance with WAC 392-121-122.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-045, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-050 Transition to kindergarten apportionment procedures.

The local education agency administering a transition to kindergarten program is subject to the apportionment procedures under chapters 392-121 and 392-122 WAC.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-050, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-055 Assessment for transition to kindergarten students.

In accordance with RCW 28A.655.080, the Washington kindergarten inventory of developing skills (WaKIDS) must be administered at the beginning of the program. Additionally, the WaKIDS whole-child assessment must be administered at least one more time during the school year.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-055, filed 6/28/24, effective 7/29/24.

Wash. Admin. Code § 392-425-060 Adherence to guidelines.

An eligible local education agency planning to implement and administer a transition to kindergarten program is required to adhere to the minimum standards and requirements established by the office of public instruction, as developed by the office of superintendent of public instruction, related to:

(1) Best practices for site readiness of facilities that are used for the program;

(2) Developmentally appropriate curricula designed to assist in maintaining high quality programs in accordance with RCW 28A.320.230; and

(3) Professional development opportunities.

History

Statutory Authority: RCW 28A.300.072 and 28A.150.290. WSR 24-14-074, § 392-425-060, filed 6/28/24, effective 7/29/24.

Chapter 392-500 Pupil testing and recordkeeping—Requirements—Parents' rights.

Wash. Admin. Code § 392-500-015 Pupil tests and records—Authority.

Pursuant to authority under provisions of RCW 28A.305.130, the office of superintendent of public instruction, hereby prescribes the rules and regulations relating to pupil tests and records hereinafter in WAC 392-500-020, 392-500-025, 392-500-030 and 392-500-035 set forth.

History

Statutory Authority: RCW 28A.04.120, 28A.31.118. WSR 07-04-046, § 392-500-015, filed 1/31/07, effective 3/3/07. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-500-015, filed 6/22/06, effective 6/22/06. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-52-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120 and 28A.31.118. WSR 83-16-049 (Order 7-83), § 180-52-015, filed 8/1/83
Order 10-69, § 180-52-015, filed 12/5/69.

Wash. Admin. Code § 392-500-020 Pupil tests and records—Tests—School district policy in writing.

School districts shall develop and adopt written policies relative to testing, kindergarten through grade twelve, which policies shall include an outline of procedures by which parents or legal guardians of a student may become acquainted with the nature of tests and their uses in helping children.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-500-020, filed 6/22/06, effective 6/22/06
Order 10-69, § 180-52-020, filed 12/5/69.

Wash. Admin. Code § 392-500-025 Pupil tests and records—Pupil personnel records—School district policy in writing.

School districts shall develop and adopt written policies relating to (a) the type of pupil personnel records which are to be kept and the manner in which data is to be recorded; and (b) procedures by which a parent or legal guardian may upon written request examine school records pertaining to his child with professionally competent personnel present to interpret and assist in the analysis of such records.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-500-025, filed 6/22/06, effective 6/22/06
Order 10-69, § 180-52-025, filed 12/5/69.

Wash. Admin. Code § 392-500-030 Pupil tests and records—Certain tests, questionnaires, etc.—Limitations.

No written or oral test, questionnaire, survey, or examination shall be used to elicit the personal beliefs or practices of a student or his parents as to religion except with the written consent of parent or guardian.

History

Statutory Authority: RCW 28A.150.070 and 28A.150.290. WSR 09-16-144, § 392-500-030, filed 8/5/09, effective 9/5/09. Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-500-030, filed 6/22/06, effective 6/22/06
Order 10-69, § 180-52-030, filed 12/5/69.

Wash. Admin. Code § 392-500-035 Pupil tests and records—Diagnostic personality tests—Parental permission required.

Each school district shall require that there shall be on file the written consent of the parent or guardian prior to the administering of any diagnostic personality test.

History

Statutory Authority: 2006 c 263. WSR 06-14-009, recodified as § 392-500-035, filed 6/22/06, effective 6/22/06
Order 10-69, § 180-52-035, filed 12/5/69.

Chapter 392-501 Academic achievement, accountability and assessment.

Wash. Admin. Code § 392-501-001 Authority.

The authority for this chapter is RCW 28A.655.065 and 28A.655.061, which direct the superintendent of public instruction to:

(1) Develop and implement eligibility requirements and guidelines for objective alternative assessments for students to demonstrate achievement of state standards in content areas in which the student has not yet met the standard on Washington's high school assessment; and

(2) Develop guidelines and appeal processes for waiving specific requirements in RCW 28A.655.061 pertaining to the certificate of academic achievement and to the certificate of individual achievement for students who:

(a) Transfer to a Washington public school in their junior or senior year with the intent of obtaining a public high school diploma; and

(b) Have special, unavoidable circumstances.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-001, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-001, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-002 Purpose.

The purpose of this chapter is to provide the guidelines, eligibility criteria, procedures, and other information needed to:

(1) Utilize the objective alternative assessments authorized in RCW 28A.655.065 and 28A.655.061;

(2) Apply for waivers for transfer students; and

(3) Apply for appeals for students with special, unavoidable circumstances.

History

Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-002, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-102 General description.

The SAT, ACT, IB and AP comparison option is an objective alternative assessment authorized in RCW 28A.655.061 (10)(b) that allows a student to use a score from the following tests to demonstrate that the student has met or exceeded the state standard for English language arts, science or mathematics on:

(1) The English language arts, science or mathematics component as designated by superintendent, of the SAT (science not applicable) or ACT; or

(2) International Baccalaureate or advanced placement examinations listed in WAC 392-501-104(2).

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-102, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-102, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-103 Eligibility.

(1) A student is eligible for the SAT, ACT, IB and AP comparison option if the student has taken the applicable component of Washington's high school assessment at least once and has not met the standard for which the student is applying to use this option. To meet these criteria, a student must have a recorded valid attempt of the general high school assessment.

(2) A student may use a score earned on the SAT, ACT, IB or advanced placement examination taken prior to or after one valid attempt of the general high school assessment.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-103, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-103, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-104 Required scores.

(1) As required in RCW 28A.655.061 (10)(b), the state board of education shall identify the score students must achieve on the English language arts, science and mathematics components of the SAT (science not applicable) and ACT.

(2) A student who scores at least a three on the grading scale of one to five on the following advanced placement examinations shall meet the applicable high school standard:

(a) For meeting the mathematics standard, the calculus or statistics advanced placement examination;

(b) For meeting the English language arts standard, the English language and composition advanced placement examination and one of the following additional examinations: English literature and composition, macroeconomics, microeconomics, psychology, United States history, world history, United States government and politics, or comparative government and politics.

(3) A student who scores at least a four at the higher level on the following International Baccalaureate tests shall meet the applicable high school standard:

(a) For meeting the mathematics standard, the mathematics or further mathematics tests;

(b) For meeting the English language arts standard, the Language A: Literature; Language A: Language and literature, business and management, economics, geography, history, information technology is a global society, philosophy, psychology or social and cultural anthropology.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-104, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-104, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-105 Application process.

(1) The superintendent of public instruction shall develop and make available to school district personnel an online application to capture SAT, ACT, IB and/or AP comparison applications for documenting that a student has met the eligibility requirements in WAC 392-501-103 and achieved the scores required in WAC 392-501-104.

(2) If the student is eligible, the student shall work with school personnel to collect the SAT, ACT, IB and/or AP score reports to submit through the state provided graduation alternatives online application.

(3) If the school principal or designee agrees that the eligibility criteria have been met, the principal or designee shall submit a copy of the student's official SAT, ACT, IB or AP score report via the graduation alternatives application for district assessment coordinator approval.

(4) If the district assessment coordinator, or their designee, agrees that the eligibility criteria have been met, the district assessment coordinator or designee shall approve the form (with accompanying score report(s)) present in the graduation alternatives online application for submission to the office of superintendent of public instruction.

(5) Upon approval of the submission, the school principal or designee shall notify the student of the approval. OSPI shall document in the state's assessment records that the student met the applicable high school standard.

(6) Superintendent will conduct regular audits of district submissions to ensure accuracy and consistency in reported student status. Where irregularities are found, superintendent will notify the district for corrective action.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-105, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-105, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-106 Notification requirements.

The school principal or a designee shall notify students and their parents or guardians when students are in the eleventh and twelfth grade years of the availability of the SAT, ACT, IB and AP comparison option.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-106, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-106, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-108 Appeal of the superintendent's decision.

Decisions made by the superintendent of public instruction under WAC 392-501-105 may be appealed as provided for in RCW 34.05.514.

History

Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-108, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-200 General description.

The grades comparison option is an objective alternative assessment authorized in RCW 28A.655.065 (3) and (4) that compares the applicant's grades in applicable courses with the grades of students who took the same courses and met or exceeded the assessment standard. This option may be used for meeting the high school English language arts, science and/or mathematics assessment requirement.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-200, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-200, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-201 Eligibility.

A student is eligible for the GPA comparison option if the student meets the following conditions:

(1) The student has taken the applicable component of the state high school assessment at least once and has not met the standard for which the student is applying to use this option. To meet these criteria, a student must have a recorded valid attempt of the general high school assessment.

(2) The student is in the twelfth grade.

(3) The student has a cumulative grade point average of 3.2 or higher when the application is submitted.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-201, filed 9/30/16, effective 10/31/16. Statutory Authority: RCW 28A.300.040 and 2010 c 244. WSR 11-19-042, § 392-501-201, filed 9/13/11, effective 10/14/11. Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-201, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-202 Process for determining the comparison cohort and calculating the GPAs.

(1) For the purpose of this section, "applicant" means an eligible student applying for the grades comparison option.

(2) A school district representative or designee shall utilize the grade comparison tool(s) provided by the office of superintendent of public instruction to calculate the grade comparison of the applicant against those identified as the cohort.

(3) To complete the grades comparison option for eligible students, the grades comparison tool will:

(a) Identify the group of students in the same school as the applicant who took the same mathematics, science or English language arts high school courses, whichever is applicable, in the same school year as the applicant. This group includes all of the students in the school who took courses with the same course title and course number (e.g., Algebra 1, Sophomore English) as the applicant, in the same school year, regardless of the grade level of the student. When selecting courses to be used, the following guidelines shall be followed:

(i) The credits generated by the courses must equal two annual high school credits and must include the most recent courses taken in which a comparison cohort of six or more students can be identified.

(ii) In order for applicants using the cohort comparison to meet the mathematics standard, the courses must be eligible for a mathematics graduation credit.

(iii) In order for applicants using the cohort comparison to meet the English language arts standard, the courses must be eligible for an English/Language arts graduation credit.

(iv) In order for applicants using the cohort comparison to meet the science standard, the courses must be eligible for a science graduation credit.

(b) From the group of students identified in (a) of this subsection, the grades comparison tool shall identify the "comparison cohort," which includes all students who met or slightly exceeded the state standard on the high school assessment. For purposes of determining "who met or slightly exceeded the state standard," scores in Level 3 shall be used:

(i) Mathematics: 2583 - 2681;

(ii) English language arts: 2583 - 2681; and

(iii) Science: 400 - 422.

(c) If there are fewer than six students in the comparison cohort, the cohort will be expanded to also include students in Level 4. If there are still fewer than six students in the comparison cohort, the applicant is not eligible to use the grades comparison option.

(d) The grades comparison tool shall compute the grade point average for the selected courses for the applicant and for each student in the comparison cohort. The following grade - number conversions shall be used:

| | A | = 4.0 | | --- | --- | --- | | | A- | = 3.7 | | | B+ | = 3.3 | | | B | = 3.0 | | | B- | = 2.7 | | | C+ | = 2.3 | | | C | = 2.0 | | | C- | = 1.7 | | | D+ | = 1.3 | | | D | = 1.0 | | E or F | = 0.0 | | | Credit/No Credit | May not be used | | | Pass/Fail | May not be used | |

(e) The grades comparison tool shall then calculate the mean comparison cohort grade point average of all the students in the comparison cohort.

(f) The grades comparison tool shall then compare the applicant's grade point average in the relevant high school courses to the mean comparison cohort grade point average of the students in the comparison cohort.

(g) If the applicant's grade point average is below the mean comparison cohort grade point average, the student is not eligible to file the grades comparison form and no further action is required.

(h) If the applicant's grade point average is equal to or higher than the mean comparison cohort grade point average, the school district representative or designee shall submit the form with the results of the calculation via the graduation alternatives application for approval by their district assessment coordinator.

(i) If the district assessment coordinator, or their designee, agrees that the eligibility criteria have been met, the district assessment coordinator or designee shall approve the form(s), with the results of the calculation, in the graduation alternatives application for submission to the office of the superintendent of public instruction for approval.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-202, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-202, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-204 Application timeline and approval criteria.

(1) The district assessment coordinator shall approve the grades comparison form if:

(a) The student eligibility requirements are met; and

(b) The applicant's grade point average is equal to or greater than the mean grade point average of the comparison cohort.

(2) Upon approval of the submission, the school principal or designee shall notify the student of the approval, OSPI will document in the student's state assessment record that the student met the applicable high school assessment standard and the applicant will be deemed to have met the applicable content standard for purposes of obtaining a certificate of academic achievement or individual achievement.

(3) The superintendent of public instruction will conduct regular audits of district submissions to ensure accuracy and consistency in reported student status. Where irregularities are found, superintendent will notify the district for corrective action.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-204, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-204, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-206 Notification requirements.

The school principal or a designee shall notify students and their parents or guardians when students are in the eleventh and twelfth grade years of the availability of the grades comparison option.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-206, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-206, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-208 Appeal of the superintendent's decision.

Decisions made by the superintendent of public instruction under WAC 392-501-204 may be appealed as provided for in RCW 34.05.514.

History

Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-208, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-300 General description.

A collection of evidence (COE) is a high school graduation alternative assessment authorized under RCW 28A.655.065 that evaluates a set of work samples in a specific content area (English language arts, science (biology/life science) and mathematics) based on classroom work prepared by a student. Students may prepare a COE for one or more content areas.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-300, filed 9/30/16, effective 10/31/16
WSR 08-10-015, § 392-501-300, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-310 Eligibility.

A student who has taken the state high school assessment at least once and has not met standard in one or more of the content areas is eligible to submit a collection of evidence for each content area in which they have not met standard if: The student has a recorded valid attempt of the general high school assessment.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-310, filed 9/30/16, effective 10/31/16. Statutory Authority: RCW 28A.300.040 and 2010 c 244. WSR 11-19-042, § 392-501-310, filed 9/13/11, effective 10/14/11. Statutory Authority: RCW 28A.655.061, 28A.665.065. WSR 08-10-015, § 392-501-310, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-320 Application process.

(1) The superintendent of public instruction shall make available to students and school district personnel a COE submission procedure for documenting that a student has met the eligibility requirements as set forth in WAC 392-501-310.

(2) It is the responsibility of the school district to determine whether the student is eligible for the COE option. If the student is eligible, the school district is required to inform the student of the COE alternative assessment option.

(3) If the student is eligible, the student, with the assistance of school district personnel, shall submit a collection of evidence to the superintendent of public instruction via the COE scoring center.

(4) The superintendent of public instruction will publish an annual calendar established before each school year setting forth the timelines for the twice yearly submission, scoring, and student and district reporting of the COE.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-320, filed 9/30/16, effective 10/31/16
WSR 08-10-015, § 392-501-320, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-330 Guidelines and protocols.

(1) Specific guidelines for types and numbers of work samples for English language arts, science and mathematics will be published and made available to students, guardians, schools, and districts. The guidelines will be published on the office of the superintendent of public instruction (OSPI) website at http://www.k12.wa.us/assessment/GraduationAlternatives/CollectionofEvidence.aspx as approved by the state board of education in an open and public process.

(2) Protocols for submission of work samples will be published on the OSPI website at http://www.k12.wa.us/assessment/GraduationAlternatives/CollectionofEvidence.aspx as approved by the state board of education in an open and public process.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-330, filed 9/30/16, effective 10/31/16
WSR 08-10-015, § 392-501-330, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-340 Sufficiency process for all content areas.

The following process will be utilized in determining sufficiency for a collection of evidence for one or more of the content areas submitted by a student. Upon receipt by OSPI, a collection of evidence will be reviewed to determine whether the protocols for submission have been met. OSPI will notify a school district of any missing materials. If the school district does not provide the missing materials within the time frame communicated, the collection of evidence will be returned without a score.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-340, filed 9/30/16, effective 10/31/16
WSR 08-10-015, § 392-501-340, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-350 Scoring process for all content areas.

The following process will be utilized to determine a score for a submitted collection.

(1) Collections shall be scored at the state level by professional scorers screened, selected, and trained by OSPI. To be selected as a scorer, a person must have a bachelor's degree.

(2) A submitted collection of evidence shall be scored in a rigorous process that aligns with state content standards and comparable Washington state high school assessment performance.

(3) Uniform scoring criteria will be published on the OSPI website at http://www.k12.wa.us/assessment/GraduationAlternatives/CollectionofEvidence.aspx as approved by the state board of education in an open and public process.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-350, filed 9/30/16, effective 10/31/16
WSR 08-10-015, § 392-501-350, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-360 Standard setting for all content areas for the collection of evidence.

(1) The superintendent of public instruction will recommend cut scores for each content area to the state board of education for graduation purposes.

(2) The state board of education shall have the responsibility of accepting or not accepting the recommended cut scores generated from the superintendent of public instruction's standard setting process, using an open and public process.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-360, filed 9/30/16, effective 10/31/16
WSR 08-10-015, § 392-501-360, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-370 Reporting process for all content areas for the collection of evidence.

Each student who prepared a collection of evidence will receive a report of his or her results within ninety days following scoring. The report will provide a detailed description of the level of performance on the state content standards found in the student collection. The report will state whether or not the student has met standard in the content area. The results shall be used for state high school graduation purposes.

History

Statutory Authority: RCW 28A.655.061, 28A.665.065. WSR 08-10-015, § 392-501-370, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-380 Collection of evidence adherence to national standards.

National Standards for Educational and Psychological Testing (AERA, NCME, APA, 1999) will be applied in all stages of the development and implementation of the collection of evidence in order to ensure reliability and validity of the COE as an alternative assessment. The National Technical Advisory Committee for the superintendent of public instruction shall also provide ongoing technical assistance for the COE.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-380, filed 9/30/16, effective 10/31/16
WSR 08-10-015, § 392-501-380, filed 4/25/08, effective 5/26/08.

Wash. Admin. Code § 392-501-500 General description.

RCW 28A.655.065 directs the superintendent of public instruction to develop guidelines and appeal processes for waiving specific requirements pertaining to the certificate of academic achievement and to the certificate of individual achievement for students who transfer to a Washington public school in their junior or senior year with the intent of obtaining a public high school diploma.

History

Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-500, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-502 Waivers for transfer students from other states who enroll in eleventh or twelfth grade.

(1) The requirement that a student obtain a certificate of academic achievement or a certificate of individual achievement to graduate shall be waived for students who transfer to a Washington public school from another state in the twelfth grade year if the student provides documentation that he or she has met standards in another state on a high school assessment, general or alternate. The assessment in the other state must be used for purposes of the high school assessment required in the federal Elementary and Secondary Education Act or be used for purposes of a high school graduation exit examination. Waivers shall be granted as follows:

(a) If the student met standards on the mathematics, science, and English language arts assessments in the other state, the applicable certificate shall be waived.

(b) If a student did not meet the standard on the mathematics assessment in the other state, then the student must meet the mathematics standard on the applicable Washington assessment for the certificate to be waived.

(c) If the student did not meet the standard on the English language arts assessment, then the student must meet the English language arts standard on the applicable Washington assessment for the certificate to be waived.

(d) If the student did not meet the standard on the science assessment, then the student must meet the science standard on the applicable Washington assessment for the certificate to be waived.

(e) If student was administered the consortium-generated assessment for mathematics and/or English language arts also administered by Washington, and did not meet the standards for graduation established by Washington, but did meet the standards for his or her former state, the student may apply for the associated waiver. In the event the student met or exceeded Washington's requirements with the administration in the former state, the student will be granted a certificate.

(2)(a) For eleventh grade transfer students, before using the process detailed in subsection (1) of this section, the student must be administered the Washington assessments for mathematics and English language arts. If the student does not meet standard on either the mathematics and/or English language arts assessment, the student may then apply his or her previous state assessment scores in pursuit of waiving the certificate requirement.

(b) Until the new next generation science standards assessment is administered in Washington eleventh grade students may apply for waiver from the science portion of the certificate per the process in subsection (1) of this section without administration of a Washington science assessment. The graduation alternative system will not allow student access to the science waiver until the student is in twelfth grade.

(3) The student waiver application must document passage of the assessment by one of the following options:

(a) The out-of-state school from which the student transferred must transmit to the student's new school a score report from the former school or school district where the student took the high school general assessment or alternate assessment. The score report must contain the student's assessment results (i.e., specific scores) by content area and whether or not the student met the state required standards. If the score report does not include whether or not the student met the standards, then the former school or school district must provide information documenting that the standards were met. If the out-of-state school transmitted the score report when the student enrolled in the Washington school system, then the report need not be transmitted again; or

(b) The out-of-state school from which the student transferred must transmit to the student's new school, if it has not done so already, the student's transcript documenting the student's assessment results (i.e., specific scores). The transcript must contain the student's assessment results by content area and whether or not the student met the state required standards. If the transcript does not include whether or not the student met the standards, then the former school or school district must provide information documenting that the standards were met.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-502, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-502, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-504 Application and approval process.

(1) To obtain a waiver, a waiver form must be submitted by the district to the superintendent of public instruction. The principal of the school or designee shall review the information and transmit through the district office the wavier [waiver ] form and a copy of the student's assessment score report or transcript, if listing the state test scores, to the superintendent of public instruction via the graduation alternatives online application.

(2) Upon approval: The student's transcript shall indicate that the applicable certificate was waived.

History

waiver ] form and a copy of the student's assessment score report or transcript, if listing the state test scores, to the superintendent of public instruction via the graduation alternatives online application.(2) Upon approval: The student's transcript shall indicate that the applicable certificate was waived.[Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-504, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-504, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-506 Notification requirements.

The principal or a designee shall inform students and parents or guardians who transferred from another state in their eleventh or twelfth grade year of the availability of obtaining a waiver of the certificate requirements.

History

Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-506, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-508 Appeal of the superintendent's decision.

Decisions made by the superintendent of public instruction under WAC 392-501-504 may be appealed as provided for in RCW 34.05.514.

History

Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-508, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-510 Access to alternative assessment.

(1) Students who transfer into a public school from out-of-state, from out-of-country or into a public school from within the state from a nonpublic school setting in the twelfth grade year may utilize an objective alternative assessment for purposes of meeting the high school standards as provided in RCW 28A.655.061 and 28A.655.065 without taking the state high school assessment.

(2) Students who transfer into a public school from out-of-state, from out-of-country or into a public school from within the state from a nonpublic school setting for their 11th grade year may utilize an objective alternative assessment for meeting the high school standards in science as provided in RCW 28A.655.061 and 28A.655.065 without taking the state high school assessment.

(3) Students who were exempted from the high school assessment in 11th grade due to their status as a new student with non-English proficiency, may utilize an objective alternative assessment after their 11th grade year, in the content areas originally exempted, for purposes of meeting the high school standards as provided in RCW 28A.655.061 and 28A.655.065 without taking the state high school assessment.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-510, filed 9/30/16, effective 10/31/16
WSR 10-01-055, § 392-501-510, filed 12/9/09, effective 1/9/10
WSR 07-13-035, § 392-501-510, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-600 General description.

RCW 28A.655.065 directs the superintendent of public instruction to develop guidelines and appeal processes for waiving specific requirements in RCW 28A.655.061 pertaining to the certificate of academic achievement and RCW 28A.155.045 pertaining to the certificate of individual achievement for students who have special, unavoidable circumstances.

History

Statutory Authority: RCW 28A.665.065 [28A.655.065], 28A.665.061 [28A.655.061], 28A.155.045. WSR 10-01-053, § 392-501-600, filed 12/9/09, effective 1/9/10. Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-600, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-601 Eligibility and application requirements.

(1) A student, or a student's parent or guardian may file an appeal to the superintendent of public instruction if the student has special, unavoidable circumstances that prevented the student, during the student's twelfth grade year (eleventh grade year under a specific circumstance where an educator has caused a testing irregularity), from participating in a testing opportunity that would allow demonstration of his or her skills and knowledge, whether the general state high school assessment, any of the objective alternative assessments authorized in RCW 28A.655.061 or 28A.655.065, or the alternate assessment or associated alternative assessments applicable to students eligible for special education services. Appeals to the superintendent shall include a detailed description of the special, unavoidable circumstance that denied the student access to the testing opportunity, and will document a trend of continued improvement towards meeting standard (e.g., test scores, course grades, etc.) that demonstrates had the student participated in the state assessment, there was a reasonable probability the student would have met standard;

(2) Special, unavoidable circumstances shall include the following:

(a) Not being able to take or complete an assessment because of:

(i) The death of a parent, guardian, sibling or grandparent;

(ii) An unexpected and/or severe medical condition. The condition must be documented by a medical professional and included with the application, within the constraints of the Health Insurance Portability and Accountability Act (HIPAA); or

(iii) Another unavoidable event of a similarly compelling magnitude that district administrators determine prevented the student from sitting for or completing the assessment.

(b) A major irregularity in the administration of the assessment;

(d) Failure to receive an accommodation during administration of the assessment that was documented in the student's individualized education program that is required in the federal Individuals with Disabilities Education Act, as amended, or in a plan required under Section 504 of the Rehabilitation Act of 1973;

(e) For students enrolled in the state transitional bilingual instructional program, failure to receive an accommodation during the administration of the assessment that was scheduled to be provided by the school district;

(f)(i) Students who transfer from an out-of-state, out-of-country, or nonpublic (including home-school environment) school to a Washington public school in the twelfth grade year after the end of the first term or February 15th whichever is first.

(ii) Application evidence must support a student's attempt of all available and feasible assessment opportunities and/or alternatives provided by Washington state before the application will be judged eligible for panel review.

(3) A school district superintendent may file an appeal to the superintendent of public instruction if the student has special, unavoidable circumstances that prevented the student, during the student's eleventh grade year, from successfully demonstrating his or her skills and knowledge on the state high school assessment, on an objective alternative assessment authorized in RCW 28A.655.061 or 28A.655.065, or alternate assessment or associated alternative assessments available to students eligible for special education services. For purposes of this subsection, a special, unavoidable circumstance is a major irregularity in the administration of the assessment that meets the following criteria:

(a) The major irregularity was caused by school district personnel;

(b) The student was not at fault for the irregularity; and

(4) To file an appeal, the student or the student's parent or guardian, with appropriate assistance from school staff, must complete and submit to the principal of the student's school an appeal application on a form developed by the superintendent of public instruction.

(5) The application shall require that the following materials be submitted: All available score reports from prior standardized assessments taken by the student during his or her high school years, the medical condition report (if applicable), IEP, 504 or transitional bilingual education program documentation pertinent to decisions about student access to available assessment type and/or testing accommodations (if applicable), enrollment/transfer information (if applicable), and the student's transcript. The principal of the school shall review the application and accompanying material and certify that, to the best of his or her knowledge, the information in the application is accurate and complete.

(6) Once the principal certifies that the application and accompanying material is accurate and complete, the principal shall transmit the application to the school district's assessment coordinator who will conduct an independent review for completeness prior to transmitting the application to the state superintendent of public instruction.

(7) Applications are to be received by the superintendent of public instruction on or before May 1st or October 1st for processing and determinations.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-601, filed 9/30/16, effective 10/31/16
WSR 15-04-083, § 392-501-601, filed 2/2/15, effective 3/5/15. Statutory Authority: RCW 28A.665.065 [28A.655.065], 28A.665.061 [28A.655.061], 28A.155.045. WSR 10-01-053, § 392-501-601, filed 12/9/09, effective 1/9/10. Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-601, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-602 Special, unavoidable circumstance appeal review board and approval criteria.

(1) The special, unavoidable circumstance appeal review board shall be created to review and make recommendations to the superintendent of public instruction on all special, unavoidable circumstance appeal applications.

(2) The superintendent of public instruction shall appoint seven members total to the board, five voting members and two alternates (for cases of unanticipated absenteeism or potential conflict of interest on the part of a regular voting member). The board, where membership and panel experience allows, shall be chaired by a current or former high school principal and shall consist of current or former district administrators, teachers, school department heads, and/or school district assessment directors with experience and expertise with the Washington learning standards. Each member shall be appointed for a three-year term, provided that the initial terms may be staggered as the superintendent deems appropriate. As needed, the superintendent may elect to reappoint previous members if new candidates are not available to assume review board positions.

(3) The special, unavoidable circumstance appeals review board shall review applicable special, unavoidable circumstance appeal applications submitted to it by the superintendent of public instruction. The board shall:

(a) Review the written information submitted to determine whether sufficient evidence was presented that the student has the required knowledge and skills; and

(b) Make a recommendation to the superintendent, based on the criteria in subsection (6) of this section, regarding whether or not the appeal should be granted.

(4) Staff from the office of superintendent of public instruction (OSPI) shall coordinate and assist the work of the board. In this capacity, staff from OSPI shall prepare a preliminary analysis of each application and accompanying information that evaluates the extent in which the criteria in subsection (6) of this section have been met.

(5) If the board determines that additional information on a particular student is needed in order to fulfill its duties, the chair of the board shall contact the OSPI staff to request the information.

(6) The board shall recommend to the superintendent of public instruction that the appeal be granted if it finds that:

(a) The student, due to special, unavoidable circumstances as defined in WAC 392-501-601(2), was not able to successfully demonstrate his or her skills on a state high school assessment or on an objective alternative assessment;

(b) No other recourse or remedy exists to address the special, unavoidable circumstance prior to the student's expected graduation date;

(c) After considering the criteria below, in the board's best judgment, the student more likely than not possesses the skills and knowledge required to meet the state standard. The board shall consider the following criteria:

(i) Trends indicated by prior state high school assessment or alternative assessment results;

(ii) How near the student has been in achieving the standard;

(iii) Scores on other assessments, as available;

(iv) Participation and successful completion of remediation courses and other academic assistance opportunities;

(v) Cumulative grade point average;

(vi) Whether the student has taken advanced placement, honors, or other higher-level courses; and

(vii) Other available information deemed relevant by the board.

(7) Based upon the recommendation of the special, unavoidable circumstance appeals board and any other information that the superintendent deems relevant, the superintendent of public instruction shall decide, based on the criteria established in subsection (6) of this section, whether to:

(a) Grant the appeal and waive the requirement that a student earn a certificate to graduate;

(b) Deny the appeal and not waive the certificate; or

(8) The superintendent of public instruction shall act upon the student's application and notify the student, the student's school principal or designee, and the school district assessment coordinator whether the application was approved or denied within thirty days of receiving the recommendation from the certificate appeals review board. The timeline for acting on the application recommendation may be extended if additional information is required from the student or the school district.

(9) If approved, the student's transcript shall indicate that the applicable content area assessment was waived.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-602, filed 9/30/16, effective 10/31/16
WSR 15-04-083, § 392-501-602, filed 2/2/15, effective 3/5/15. Statutory Authority: RCW 28A.665.065 [28A.655.065], 28A.665.061 [28A.655.061], 28A.155.045. WSR 10-01-053, § 392-501-602, filed 12/9/09, effective 1/9/10. Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-602, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-604 Notification requirements.

The school principal or a designee shall, as applicable, notify students and parents or guardians when student is in their twelfth grade year of the availability of special, unavoidable circumstance appeals.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-604, filed 9/30/16, effective 10/31/16
WSR 07-13-035, § 392-501-604, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-606 Appeal of the superintendent's decision.

Decisions made by the superintendent of public instruction under WAC 392-501-602 may be appealed as provided for in RCW 34.05.514.

History

Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-606, filed 6/13/07, effective 7/22/07.

Wash. Admin. Code § 392-501-700 General description.

RCW 28A.155.045 authorizes the superintendent of public instruction to develop guidelines for waiving specific requirements in RCW 28A.655.061 pertaining to the graduation requirements and the state assessment system, and to determine appropriate assessment alternatives through which to assess identified students.

History

Statutory Authority: RCW 28A.665.061 [28A.655.061], 28A.155.045. WSR 10-01-054, § 392-501-700, filed 12/9/09, effective 1/9/10.

Wash. Admin. Code § 392-501-705 Eligibility and application requirements.

(1) A student, based on the decision of the student's IEP team, who participated in eleventh or twelfth grade Washington access to instruction and measurement (WA-AIM) using the engagement rubric process, will have his or her assessment graduation requirement for the content area automatically waived by the superintendent of public instruction. Assessment participation with the engagement rubric is appropriate if in the determination of the IEP team a student's cognitive development is identified at the awareness level. The automatic waiver can cover one or all state assessed content areas of study. Students with cognitive development at the awareness level exhibit behaviors that include, but are not limited to, the following:

(a) Having limited intentionality and being unable to communicate using presymbolic strategies.

(b) Reactions to environmental stimuli are limited to crying, opening eyes, movement, etc.

(d) Being conscious (awake) during limited times each day.

(e) Requiring parents, teachers, or other adults to interpret the child's state from behaviors such as sounds, body movements, and facial expressions.

(f) Other criteria as defined by the superintendent of public instruction's guidelines posted to the agency website.

(2) For the automatic waiver to be processed, the student must have the following documented in his or her records:

(a) The student is in high school and is designated as being in the 11th or 12th grade.

(b) The individualized education program (IEP) team as identified under WAC 392-172A-03095, through an evaluation of the student's behaviors and educational history, determines that the student is functioning at the awareness level (as defined in subsection (1) of this section).

(d) The school shall complete all necessary school and district documentation, including but not limited to, IEP documentation.

History

Statutory Authority: RCW 28A.655.065 and 28A.655.061. WSR 16-20-055, § 392-501-705, filed 9/30/16, effective 10/31/16. Statutory Authority: RCW 28A.665.061 [28A.655.061], 28A.155.045. WSR 10-01-054, § 392-501-705, filed 12/9/09, effective 1/9/10.

Chapter 392-502 Online learning—Approval of multidistrict online providers.

Wash. Admin. Code § 392-502-001 Authority.

The authority for these rules is RCW 28A.150.290 and 28A.250.020, which authorizes the superintendent to adopt by rule criteria and processes for approving online providers.

History

Statutory Authority: RCW 28A.250.020 and 28A.150.290. WSR 13-23-086, § 392-502-001, filed 11/19/13, effective 12/20/13. Statutory Authority: Chapter 28A.250 RCW. WSR 12-03-067, § 392-502-001, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-001, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-005 Purposes.

The purpose of this chapter is to develop and implement criteria and processes for approving online providers in order to further online learning opportunities for K-12 students in Washington state.

History

Statutory Authority: Chapter 28A.250 RCW. WSR 12-03-067, § 392-502-005, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-005, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-010 Definitions.

As used in this chapter, the term:

(1) "Multidistrict online provider" means:

(a) A private or nonprofit organization that enters into a contract with a school district to provide online courses or programs to K-12 students from more than one school district;

(b) A private or nonprofit organization or a school district that enters into contracts with multiple school districts to provide online courses or programs to K-12 students from those districts; or

(c) Except as provided in (c)(i) and (ii) of this subsection, a school district that provides online courses or programs to students who reside outside the geographic boundaries of the school district.

(i) "Multidistrict online provider" does not include a school district online learning program in which fewer than ten percent of the students enrolled in the program are from other districts under the interdistrict student transfer provisions of RCW 28A.225.225.

(ii) "Multidistrict online provider" also does not include regional online learning programs that are jointly developed and implemented through an interdistrict cooperative program between two or more school districts or between one or more school districts and an educational service district, unless the annual average headcount of students who reside outside the geographic boundaries of those school districts and who are enrolled in the regional online program is ten percent or more of the total program enrollment headcount. Any agreement establishing such a program must address, at minimum, how the districts share student full-time equivalency for state basic education funding purposes and how categorical education programs, including special education, are provided to eligible students.

(2) "Online course" means a course, or grade-level course work, in which:

(a) More than half of the course content is delivered electronically using the internet or other computer-based methods; and

(b) More than half of the teaching is conducted from a remote location through an online course learning management system or other online or electronic tools; and

(c) A certificated teacher has the primary responsibility for the student's instructional interaction pertaining to the online course. Primary responsibility means the teacher is the principal individual who provides instructional interactions that may include, but are not limited to, direct instruction, review of assignments, assessment, testing, progress monitoring, and educational facilitation; and

(d) Students have access to the teacher synchronously, asynchronously, or both.

An online course may be delivered to students at school as part of the regularly scheduled school day. An online course also may be delivered to students, in whole or in part, independently from a regular classroom schedule.

(3) "Online school program" means a school program that offers a sequential set of online courses or grade-level course work that may be taken in a single school term or throughout the school year in a manner that could provide a full-time basic education program if so desired by the student. Students may enroll in the program as part-time or full-time students.

An online school program may be delivered to students at school as part of the regularly scheduled school day. An online school program also may be delivered to students, in whole or in part, independently from a regular classroom schedule.

(4) "Online course provider" is an online provider that offers individual online courses that are not delivered as an online school program.

(5) "Online provider" means any provider of an online course or program, multidistrict online providers, all school district online learning programs, and all regional online learning programs.

(6) "Accrediting organizations" means the designated bodies identified by the superintendent of public instruction and published on the superintendent of public instruction website. Accrediting organizations are for providers to use to satisfy the accreditation qualification for being an approved online provider.

(7) "Affiliate provider" means a school district that:

(a) Provides online courses offered by one or more approved online provider that provides the course content, the technology platform, and the instructional component of the courses; and

(b) Does not modify the content or instruction of the approved provider's offerings. An affiliate provider may not offer to its students any online course or courses that are provided by a nonapproved online provider.

(8) "Single-district provider" means a school district online provider that is not a multidistrict online provider or an affiliate provider.

(9) For the purposes of this section, "primarily" is defined as more than half.

(10) "Course success rate" is the percentage of total online enrollments where the student received a grade for the course that was one of the following: A, A-, B+, B, B-, C+, C, C-, D+, D, P, CR, S. Courses marked as E, F, N, NC, U, or W are not considered successful outcomes.

History

Statutory Authority: Chapter 28A.250 RCW and RCW 28A.150.290. WSR 14-21-187, § 392-502-010, filed 10/22/14, effective 11/22/14. Statutory Authority: RCW 28A.250.020 and 28A.150.290. WSR 13-23-086, § 392-502-010, filed 11/19/13, effective 12/20/13. Statutory Authority: Chapter 28A.250 RCW. WSR 12-15-025, § 392-502-010, filed 7/11/12, effective 8/11/12
WSR 12-03-067, § 392-502-010, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-010, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-020 Online provider approval process and timeline.

(1) This section sets forth the process that online providers must follow to be approved in accordance with RCW 28A.250.020. Beginning with the 2013-14 school year, all online providers must be approved by the superintendent of public instruction for districts to collect state funding, to the extent otherwise allowed by state law, for courses offered by those providers in accordance with WAC 392-502-080.

(2) All online providers seeking initial approval must apply to the superintendent of public instruction for approval as follows:

(a) Multidistrict online providers must submit an application as outlined on the superintendent of public instruction website which will be reviewed for compliance with the designated approval criteria and must meet or exceed the acceptable defined score. Multidistrict online providers must comply with the superintendent of public instruction's required assurances.

(b) Affiliate providers must submit an affiliate provider application as outlined on the superintendent of public instruction website. Affiliate providers must also comply with the superintendent of public instruction's required assurances.

(c) Single-district providers must submit a single-district provider application as outlined on the superintendent of public instruction website. Single-district providers must also comply with the superintendent of public instruction's required assurances.

(3) The superintendent of public instruction makes decisions regarding approval of multidistrict provider applications submitted pursuant to this chapter no later than November 1st of each year. A multidistrict online provider's approval status takes effect the beginning of the school year following the date of the superintendent's approval of the online provider's application. Single-district and affiliate providers may apply at any point, and, subject to the requirements of approval, can be approved immediately by the superintendent of public instruction.

(4) Beginning with the 2012-13 school year, any proposed modifications to the conditions for approval, required assurances, approval criteria, and application forms will appear on the superintendent of public instruction website by October 1st of each year. The superintendent will accept feedback on the proposed modifications from any interested parties prior to November 1st of each year. Any final modifications to the conditions for approval, required assurances, approval criteria, and application forms will appear on the superintendent of public instruction's website by January 1st of each year.

History

Statutory Authority: Chapter 28A.250 RCW and RCW 28A.150.290. WSR 14-21-187, § 392-502-020, filed 10/22/14, effective 11/22/14. Statutory Authority: RCW 28A.250.020 and 28A.150.290. WSR 13-23-086, § 392-502-020, filed 11/19/13, effective 12/20/13. Statutory Authority: Chapter 28A.250 RCW. WSR 12-15-025, § 392-502-020, filed 7/11/12, effective 8/11/12
WSR 12-03-067, § 392-502-020, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-020, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-030 Approval assurances, criteria, and performance targets.

(1) This section sets forth the assurances, criteria, and performance targets that online providers must meet to be approved under this chapter.

(a) To be approved, online providers must provide the following assurances to the superintendent of public instruction:

(i) The online provider is accredited through an accrediting body as defined in WAC 392-502-010 and agrees to maintain accredited status for the duration of the approval period. Online providers may be candidates for accreditation at the time of application for approval provided that the provider earns full accreditation on the standard timeline. Online school programs, single-district providers, and affiliate providers are exempt from (a)(i) of this subsection.

(ii) Each course and program the online provider offers is aligned with at least eighty percent of the current applicable grade/subject area of Washington state standards. For courses with content that is not included in state standards, the online provider's courses are aligned with at least eighty percent of nationally accepted content standards set for the relevant subjects. Online providers must submit information to the superintendent regarding the standards alignment and the standards aligned.

(iii) All instruction delivered to Washington state students is delivered by Washington state certificated teachers who:

(A) Are properly endorsed in the subject area taught; and

(B) Are evaluated annually using the revised evaluative criteria and four-level rating system established in RCW 28A.405.100.

(iv) For online providers that offer high school courses, the courses offered by the online provider must be eligible for high school credit pursuant to WAC 180-51-050.

(v) All of the online provider's current and future courses in the applicable areas meet the credit/content requirements in chapter 392-410 WAC.

(vi) All advanced placement courses offered by the online provider have been approved in accordance with the college board advanced placement course audit. For advanced placement courses not yet offered at the time of application, the online provider must assure that those courses will be approved by the college board prior to offering those courses to students.

(vii) The online provider's data management systems ensure all student information remains confidential, as required by the Family Educational Rights and Privacy Act of 1974, as amended.

(viii) The online provider's web systems and content meet accessibility conformance levels specified in the list of approved provider assurances on the office of superintendent of public instruction's website.

(ix) The online provider provides all information as directed or as requested by the office of superintendent of public instruction, the secretary for the department of education, and other federal officials for audit, program evaluation compliance, monitoring, and other purposes and to maintain all records for the current year and three previous years.

(x) The online provider informs the office of superintendent of public instruction in writing of any significant changes to the program including, but not limited to, changes in assurances, program description, fiscal status, or ownership.

(xi) The online provider upholds any pertinent federal or state laws, rules or regulations, in the delivery of the online courses or programs.

(xii) The online provider retains responsibility for the quality of courses, web systems, and content offered, regardless of any third-party contractual arrangements, partnerships or consortia, contributing to the content or delivery of the online courses or programs.

(xiii) The online school program complies with the state assessment requirements including, but not limited to, the requirements of chapter 28A.655 RCW and WAC 392-121-182, as applicable.

(xiv) All of the provider's current and future career and technical education (CTE) courses are aligned to Washington state CTE program standards and have been approved by the office of superintendent of public instruction's CTE office. CTE courses must be taught by a Washington certificated teacher who is also CTE-certificated in the subject area of the course.

(xv) The online provider agrees to abide by any additional assurances required by the superintendent of public instruction.

(xvi) The online school program agrees that all programs delivered as alternative learning experiences comply with the requirements of WAC 392-121-182. The online course provider agrees to disclose to OSPI the manner in which it supports the requirements of WAC 392-121-182 for online courses delivered outside of an online school program.

(xvii) Instructional materials used by online school programs in online courses or course work must be approved pursuant to school board policies adopted in accordance with RCW 28A.320.230.

(b) Multidistrict online providers must meet the following initial approval criteria by a preponderance of evidence submitted with the online provider's application:

(i) Course content and instructional design incorporating course goals and outcomes, materials and content organization, and student engagement.

(ii) Classroom management incorporating grading and privacy policies, internet etiquette, and expectations for communications.

(iii) Student assessment incorporating various types, frequent feedback, and appropriateness for the online learning environment.

(iv) Course evaluation and management incorporating strategies for obtaining feedback about the courses/programs and processes for quality assurance and updating content.

(v) Student support incorporating policies and systems to enhance the students' learning experience and their success.

(vi) School-based support incorporating strategies and systems to allow school-based staff to support student success.

(vii) Technology elements, requirements and support including descriptions and ease of navigation.

(viii) Staff development and support including training and online instructor performance reviews conducted on a planned and regularly scheduled basis.

(ix) Program management including timeliness and quality of teachers' responses to students, handling of fees, prompt distribution of materials and processing of enrollments, and handling fees and payments.

(x) The superintendent may require additional approval criteria pursuant to WAC 392-502-080.

(c) Beginning September 1, 2018, the online school program's course success rate must be greater than seventy percent. Programs with fewer than twenty online enrollments are not subject to this performance target.

(d) Beginning September 1, 2018, online school programs must meet or exceed each of the following annual performance targets:

(i) The online school program's percentage of students taking online math courses who meet standard on the state math assessments must be greater than forty percent. A program is not subject to this performance target if it has fewer than twenty students who have both taken an online math course and taken the state math assessment.

(ii) The online school program's percentage of students taking online English language arts courses who meet standard on the state English language arts assessments must be greater than fifty percent. A program is not subject to this performance target if it has fewer than twenty students who have both taken an online English language arts course and taken the state English language arts assessment.

(iii) The online school program's median math student growth percentile for students taking an online math course must be greater than the thirtieth percentile. A program is not subject to this performance target if it has fewer than twenty students who have both taken an online math course and have a math student growth percentile.

(iv) The online school program's median English language arts student growth percentile for students taking an online English language arts course must be greater than the fortieth percentile. A program is not subject to this performance target if it has fewer than twenty students who have both taken an online English language arts course and have an English language arts student growth percentile.

(e) Beginning October 1, 2017, online course providers must supply prior year student-level enrollment and performance information to the superintendent of public instruction in the form the superintendent prescribes. Online course providers must also supply the superintendent with a list of each district in the state that they served in the prior year.

(f) Beginning September 1, 2018, online course providers' course success rate must be greater than seventy percent. An online course provider is not subject to this performance target if they have fewer than twenty online course enrollments.

(2) After review by the online learning advisory committee, the approval criteria with explanations and suggested supporting evidence will be posted on the superintendent of public instruction website on or before the date the application is made available.

(3) Online provider's application will be reviewed by reviewers selected by the superintendent of public instruction for their experience and expertise. The reviewers will be provided orientations and training to review and score the online provider applications using the approval criteria and scoring protocols.

(4) Single-district provider online programs must incorporate the approval criteria developed by the superintendent of public instruction into the program design.

History

Statutory Authority: RCW 28A.250.020. WSR 17-16-137, § 392-502-030, filed 8/1/17, effective 9/1/17
WSR 16-16-076, § 392-502-030, filed 7/29/16, effective 8/29/16. Statutory Authority: RCW 28A.150.290 and 28A.250.020. WSR 15-20-034, § 392-502-030, filed 9/28/15, effective 10/29/15
WSR 15-14-126, § 392-502-030, filed 7/1/15, effective 8/1/15. Statutory Authority: Chapter 28A.250 RCW and RCW 28A.150.290. WSR 14-21-187, § 392-502-030, filed 10/22/14, effective 11/22/14. Statutory Authority: RCW 28A.250.020 and 28A.150.290. WSR 13-23-086, § 392-502-030, filed 11/19/13, effective 12/20/13. Statutory Authority: Chapter 28A.250 RCW. WSR 12-15-025, § 392-502-030, filed 7/11/12, effective 8/11/12
WSR 12-03-067, § 392-502-030, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-030, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-040 Appeal of the superintendent's decision.

In the event the superintendent of public instruction denies an online provider's initial application for approval, the online provider may appeal the decision as follows:

(1) The online provider may file a revised application with the superintendent of public instruction no later than fifteen days after the online provider received notice of the denial.

(2) The superintendent of public instruction will designate an official to review the online provider's revised application. The designated official will notify the applicant in writing whether the revised application is approved or denied within forty-five business days of the superintendent's receipt of the revised application. This deadline for acting on the request may be extended by the superintendent of public instruction if additional information is required from the applicant.

(3) Decisions made by the superintendent of public instruction under WAC 392-502-020 and 392-502-060 may be appealed as provided for in RCW 34.05.514.

History

Statutory Authority: Chapter 28A.250 RCW and RCW 28A.150.290. WSR 14-21-187, § 392-502-040, filed 10/22/14, effective 11/22/14. Statutory Authority: Chapter 28A.250 RCW. WSR 12-03-067, § 392-502-040, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-040, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-050 Conditions for continued approval.

(1) Online providers that have been approved must annually provide the superintendent of public instruction information regarding the following:

(a) Online provider's overall instructional program;

(b) Content of individual online courses and online school programs;

(d) Registration information for online learning programs and courses;

(e) Teacher information and qualifications;

(f) Other descriptive, evaluative, and comparative information requested by the superintendent of public instruction.

(2) Online providers must carry out the program/courses described in the approval application, abide by the assurances listed in WAC 392-502-030 and certified in the application process, and maintain the approval criteria and performance targets listed in WAC 392-502-030.

History

Statutory Authority: Chapter 28A.250 RCW and RCW 28A.150.290. WSR 14-21-187, § 392-502-050, filed 10/22/14, effective 11/22/14. Statutory Authority: RCW 28A.250.020 and 28A.150.290. WSR 13-23-086, § 392-502-050, filed 11/19/13, effective 12/20/13. Statutory Authority: Chapter 28A.250 RCW. WSR 12-03-067, § 392-502-050, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-050, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-060 Rescinding approvals.

(1) Approved online providers that fail to comply with the conditions of approval in WAC 392-502-050, may be subject to rescindment of approval.

(2) Process for rescindment.

(a) The superintendent of public instruction or his or her designee will notify an online provider when there is substantial evidence that the online provider is not meeting one or more of the approval conditions and that the superintendent is considering rescindment. The notification will be in writing and will state the specific areas of concern.

(b) The online provider will be invited to submit a corrective action plan with a timeline to address the specific areas of concern. The corrective action plan must be submitted within fifteen business days of the superintendent's notification. If no corrective action plan is received by the superintendent of public instruction or his or her designee, the provider's approval will be rescinded.

(c) The superintendent of public instruction will consider the corrective action plan and determine whether the plan satisfactorily addresses the specific areas of concern, whether additional actions are necessary, or whether the plan is substantially incomplete and approval must be immediately rescinded. If a corrective action plan is required because of the provider's failure to meet performance targets as specified in WAC 392-502-030, the corrective action plan must include a rate of growth to achieve the performance targets. The corrective action plan may take into account factors including, but not limited to, the specific performance targets that were not met and the provider's student demographics. Before making this decision, the superintendent or his or her designee will provide an opportunity for the online provider to clarify and adjust its plan.

(d) Recognizing the serious nature of rescindment and its potential impact on students, districts and providers, the superintendent of public instruction or his or her designee will only rescind approvals if he or she finds that the online provider is unwilling to take the necessary corrective actions to bring the courses/programs in compliance with the approval assurances and criteria. If the superintendent of public instruction or his or her designee determines that an online provider's approval must be rescinded, the implementation of the rescindment shall, to the greatest extent possible, be timed to prevent unnecessary disruption to the education of the students.

(e) The superintendent of public instruction reserves the right to immediately rescind approval of any provider where conditions exist that jeopardize academic or fiscal integrity or compromise the health and safety of students or staff.

(3) Rescinded providers are responsible for communicating that change in status to their clients. The superintendent of public instruction or his or her designee will remove rescinded providers from the agency's website.

(4) Rescinded providers are permitted to submit for reapproval during subsequent approval application periods.

History

Statutory Authority: Chapter 28A.250 RCW and RCW 28A.150.290. WSR 14-21-187, § 392-502-060, filed 10/22/14, effective 11/22/14. Statutory Authority: Chapter 28A.250 RCW. WSR 12-03-067, § 392-502-060, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-060, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-070 Period of initial approval and renewal process.

(1) The initial approval of an online provider will be for a period of four consecutive full school years.

(2) In the final year of the online provider's approval, the superintendent of public instruction will automatically renew the approval for a successive one-year period on October 31st, to be effective at the start of the following school year.

(3) Nothing herein limits the authority of the superintendent of public instruction to rescind an online provider's approval pursuant to WAC 392-502-060.

History

Statutory Authority: Chapter 28A.250 RCW and RCW 28A.150.290. WSR 14-21-187, § 392-502-070, filed 10/22/14, effective 11/22/14. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-070, filed 12/17/09, effective 1/17/10.

Wash. Admin. Code § 392-502-080 Approval required for state funding.

(1) School districts may claim state funding under RCW 28A.232.020, to the extent otherwise allowed by state law, for students enrolled in online courses or programs only if the online courses or programs are offered by an online provider approved under RCW 28A.250.020 by the superintendent of public instruction.

(2) School districts may claim state funding under RCW 28A.150.260, to the extent otherwise allowed by state law, for students enrolled in online courses or programs only if the online courses or programs are (a) offered by an online provider approved under RCW 28A.250.020 by the superintendent of public instruction, or (b) meet specific criteria established by the superintendent of public instruction to allow online courses offered by providers that have not been approved by the superintendent of public instruction to be eligible for state funding if the course is in a subject matter in which no approved provider offers courses and, if it is a high school course, the course meets Washington high school graduation requirements. These criteria will be posted on the superintendent of public instruction website by December 31, 2009, and any modifications to those will appear by July 1, 2010, and April 1st each subsequent year after review by the online learning advisory committee and the state board of education.

History

Statutory Authority: RCW 28A.250.020 and 28A.150.290. WSR 13-23-086, § 392-502-080, filed 11/19/13, effective 12/20/13. Statutory Authority: Chapter 28A.250 RCW. WSR 12-03-067, § 392-502-080, filed 1/12/12, effective 2/12/12. Statutory Authority: 2009 c 542. WSR 10-01-099, § 392-502-080, filed 12/17/09, effective 1/17/10.

Chapter 392-503 Required action districts.

Wash. Admin. Code § 392-503-100 Authority.

The authority for these rules is RCW 28A.657.020, 28A.657.030, and 28A.657.100, which require the superintendent of public instruction to annually:

(1) Identify challenged schools in need of improvement and a subset of such schools that are the persistently lowest-achieving schools in the state;

(2) Recommend school districts for designation as required action districts to the state board of education; and

(3) Make recommendations to the state board of education regarding the release of school districts from being designated as a required action district.

History

Statutory Authority: RCW 28A.657.020, 28A.657.030, and 28A.657.100. WSR 19-08-045, § 392-503-100, filed 3/29/19, effective 4/29/19.

Wash. Admin. Code § 392-503-110 Purpose.

The purpose of this chapter is to:

(1) Adopt criteria, aligned with Washington's federally authorized accountability system, for identifying challenged schools in need of improvement and a subset of such schools that are the persistently lowest-achieving schools in the state;

(2) Establish criteria for recommending to the state board of education school districts for required action; and

(3) Establish exit criteria for districts that receive a required action designation.

History

Statutory Authority: RCW 28A.657.020, 28A.657.030, and 28A.657.100. WSR 19-08-045, § 392-503-110, filed 3/29/19, effective 4/29/19.

Wash. Admin. Code § 392-503-120 Definitions.

For the purposes of this chapter, the following definitions apply:

(1) "Challenged schools in need of improvement" are schools which have been identified for comprehensive supports through Washington's federally authorized accountability system.

(2) "Federally approved accountability plan" refers to the state plan submitted to and approved by the federal Department of Education under the Elementary and Secondary Education Act of 1965, as amended.

(3) "Persistently lowest achieving schools" are a subset of "challenged schools in need of improvement" and are characterized, among other things, as schools showing a lack of progress for all students and subgroups of students over a number of years.

(4) "Required action district" is a district with one or more schools identified as a persistently lowest achieving school, which is recommended by the superintendent of public instruction as a required action district and subsequently designated by the state board of education as a required action district.

(5) "Washington school improvement framework" or "WSIF" means the system of school differentiation described in the Washington accountability plan approved by the U.S. Department of Education as meeting federal requirements.

History

Statutory Authority: RCW 28A.657.020, 28A.657.030, and 28A.657.100. WSR 19-08-045, § 392-503-120, filed 3/29/19, effective 4/29/19.

Wash. Admin. Code § 392-503-130 Process and criteria for identifying persistently lowest achieving schools.

In February of every year, the superintendent of public instruction will identify challenged schools in need of improvement.

(1) Challenged schools in need of improvement shall be the same schools identified for comprehensive supports through the WSIF.

(2) A subset of these schools shall be identified as persistently lowest achieving schools. Schools identified as persistently lowest achieving schools will meet the following criteria:

(a) The school is a challenged school in need of improvement;

(b) The school is in the lowest decile for combined student growth as defined in the WSIF;

(d) The school is located in a district that serves a significantly higher proportion than the state average of students in the student groups targeted by the superintendent of public instruction for the highest rates of annual improvement in English language arts and math proficiency, as described in the federally accepted Washington accountability plan.

(3) The superintendent of public instruction will prioritize persistently lowest achieving schools as follows:

(a) Identifying the percentage of schools identified for improvement through the WSIF within each persistently lowest achieving school's district;

(b) Ordering the list from the largest to the smallest percentage.

History

Statutory Authority: RCW 28A.657.020, 28A.657.030, and 28A.657.100. WSR 19-08-045, § 392-503-130, filed 3/29/19, effective 4/29/19.

Wash. Admin. Code § 392-503-140 Process and criteria for recommending to the state board of education school districts for required action.

(1) The superintendent of public instruction shall recommend to the state board of education school districts for designation as required action districts.

(2) The recommendations for designation of required action districts shall occur each year in March, or at a time mutually agreeable to the state board of education and the superintendent of public instruction.

(3) Only districts with one or more schools identified as a persistently lowest achieving school may be recommended as a required action district.

(4) The number of districts recommended for designation as a required action district will be based on:

(a) Prioritization, as described in WAC 392-503-130; and

(b) Availability of federal and state funds to meet the identified needs of the recommended districts.

History

Statutory Authority: RCW 28A.657.020, 28A.657.030, and 28A.657.100. WSR 19-08-045, § 392-503-140, filed 3/29/19, effective 4/29/19.

Wash. Admin. Code § 392-503-150 Exit criteria for required action designation—District option to extend designation.

(1) General. The superintendent of public instruction shall recommend to the state board of education that a school district be released from designation as a required action district after the district implements a required action plan for a period of three years if the district no longer has a school on the persistently lowest achieving list.

(2) Request for accelerated release.

(a) A school district may request that the superintendent of public instruction recommend an accelerated release from required action status if the district has met the following criteria:

(i) The district must be designated as a required action district for two years;

(ii) The district must operate no school that has been prioritized as a persistently lowest achieving school under WAC 392-503-130.

(b) The request must be made in writing and provided to the superintendent of public instruction by February of the second year after the district's designation as a required action district.

(3) Request to extend required action district designation.

(a) A school district meeting the requirements for release from required action designation may request that the superintendent of public instruction allow the district to continue under required action designation for another three-year cycle.

(b) The request must be made in writing and provided to the superintendent of public instruction by February of the third year after designation as a required action district.

History

Statutory Authority: RCW 28A.657.020, 28A.657.030, and 28A.657.100. WSR 19-08-045, § 392-503-150, filed 3/29/19, effective 4/29/19.

Chapter 392-550 Alternative learning experience requirements.

Wash. Admin. Code § 392-550-005 Purpose.

(1) The purposes of this chapter are the following:

(a) To ensure that students enrolled in an alternative learning experience offered by a school district or public charter school have available to them educational opportunities designed to meet their individual needs; and

(b) To provide general program requirements for alternative learning experiences offered by or through school districts and charter schools.

(2) This chapter applies solely to school districts and charter schools claiming state funding pursuant to WAC 392-121-107 for an alternative learning experience. It is not intended to apply to alternative learning experiences funded exclusively with federal or local resources. This chapter does not apply to alternative learning experiences offered by charter schools pursuant to charter contract terms governing the operation of alternative learning experience in the school.

History

Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-005, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-010 Authority.

The authority for this chapter is RCW 28A.232.010, 28A.150.315, 28A.150.290, and 28A.710.220.

History

Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-010, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-020 Definitions.

For the purposes of this chapter the following definitions apply:

(1)(a) "Alternative learning experience" means a course, or for grades kindergarten through eight, grade-level course work, that is a delivery method for the program of basic education and is:

(i) Provided in whole or in part independently from a regular classroom setting or schedule, but may include some components of direct instruction;

(ii) Supervised, monitored, assessed, evaluated, and documented by a certificated teacher employed by the school district or charter school, or under contract as permitted by applicable rules; and

(iii) Provided in accordance with a written student learning plan that is implemented pursuant to the school district's or charter school's policy and this chapter.

(b) The categories of alternative learning experience courses are:

(i) "Online course" means an alternative learning experience course that has the same meaning as provided in RCW 28A.250.010.

(ii) "Remote course" means an alternative learning experience course or course work that is not an online course where the written student learning plan for the course does not include a requirement for in-person instructional contact time.

(iii) "Site-based course" means an alternative learning experience course or course work that is not an online course where the written student learning plan for the course includes a requirement for in-person instructional contact time.

(2) "Alternative learning experience program" is a school or a program within a school that offers alternative learning experience courses or course work.

(3) "Certificated teacher" means an employee of a school district or charter school, of a school district contractor pursuant to WAC 392-121-188, or a charter school contractor pursuant to WAC 392-121-1885, who is assigned and endorsed according to the provisions of chapter 181-82 WAC.

(4) "Direct personal contact" means a one-to-one meeting between a certificated teacher and the student, or, where appropriate, between the certificated teacher, the student, and the student's parent. Direct personal contact can be accomplished in person or through the use of telephone, email, instant messaging, interactive video communication, or other means of digital communication.

(5) "Full-day kindergarten" means a program that is eligible for state-funded full-day kindergarten, as provided for in RCW 28A.150.315 in which any student's alternative learning experience enrollment is claimed as greater than 0.50 full-time equivalent.

(6) "In-person instructional contact" means face-to-face contact between a certificated teacher and the student in a classroom environment. In-person instructional contact may be accomplished in a group setting between the teacher and multiple students.

(7) "Intervention plan" means a plan designed to improve the progress of students determined to be not making satisfactory progress.

(8) "Parent" has the same definition as "parent" in WAC 392-172A-01125.

(9) "Satisfactory progress" means a determination made in accordance with WAC 392-550-025 that a student's progress toward achieving the specific learning goals and performance objectives specified in the written student learning plan is satisfactory.

(10) "School week" means any seven-day calendar period starting with Sunday and continuing through Saturday that includes at least three days when a district's schools are in session or when a charter school is in session.

(11) "School-based support staff" means an employee of a school district or a charter school, of a school district contractor pursuant to WAC 392-121-188, or a charter school contractor pursuant to WAC 392-121-1885, who is supporting a student in an online course. The school-based support staff may or may not hold a teaching certificate.

(12) "Substantially similar experiences and services" means that for each purchased or contracted instructional or cocurricular course, lesson, trip, or other experience, service, or activity identified on an alternative learning experience written student learning plan, there is an identical or similar experience, service, or activity made available to students enrolled in the district's regular instructional program:

(a) At a similar grade level;

(b) At a similar level of frequency, intensity, and duration including, but not limited to, consideration of individual versus group instruction;

(c) At a similar level of cost to the student with regard to any related club, group, or association memberships; admission, enrollment, registration, rental or other participation fees; or any other expense associated with the experience or service;

(d) In accordance with district adopted or charter school adopted content standards or state defined grade level standards; and

(e) That is supervised, monitored, assessed, evaluated, and documented by a certificated teacher.

(13) "Synchronous digital instructional contact" means real-time communication between a certificated teacher and the student using interactive online, voice, or video communication technology.

(14) "Total weekly time" means the estimated average hours per school week the student will engage in learning activities to meet the requirements of the written student learning plan.

(15) "Valid justification" means any reason as determined by the school district or charter school board policy for which a student may miss the contact requirements of WAC 392-550-025 for the purpose of truancy pursuant to WAC 392-550-040.

(16) "WaKIDS" means the Washington kindergarten inventory of developing skills assessment provided under RCW 28A.655.080.

(17) "Written student learning plan" means a written plan for learning that includes the elements outlined in WAC 392-550-025.

History

Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-020, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-025 Alternative learning experience requirements.

(1) Written student learning plan.

(a) Each student participating in an alternative learning experience must have a written student learning plan developed and approved by a certificated teacher that is designed to meet the student's individual educational needs.

(b) A certificated teacher must have responsibility and accountability for each course specified in the plan, including supervision and monitoring, and evaluation and documentation of the student's progress.

(c) The written student learning plan may be developed with assistance from the student, the student's parents, or other interested parties. For students whose written student learning plan includes only online courses, the written student learning plan may be developed and approved by a certificated teacher or a school-based support staff.

(d) The written student learning plan must include the following elements:

(i) A beginning and ending date for the student's alternative learning experience courses;

(ii) An estimate by a certificated teacher of the average number of hours per school week the student will engage in learning activities to meet the requirements of the written student learning plan. This estimate must consider only the time the student will engage in learning activities necessary to accomplish the learning goals and performance objectives specified in the written student learning plan;

(iii) For online courses and remote courses, a description of how weekly contact requirements will be fulfilled;

(iv)(A) A description of each alternative learning experience course or course work included as part of the learning plan, including specific learning goals, performance objectives, and learning activities for each course, written in a manner that facilitates monthly evaluation of student progress. The description must clearly identify the requirements a student must meet to successfully complete the course or course work. Courses or course work must be identified using course names, codes, and designators specified in the most recent Comprehensive Education Data and Research System data manual published by the office of superintendent of public instruction;

(B) This requirement may be met through the use of individual course syllabi or other similarly detailed descriptions of learning requirements;

(v) Identification of the certificated teacher responsible for each course or course work included as part of the plan;

(vi) Identification of all instructional materials that will be used to complete the learning plan;

(vii) A description of the timelines and methods for evaluating student progress toward the learning goals and performance objectives specified in the learning plan; and

(viii) Identification of whether each alternative learning experience course or course work meets one or more of the state essential academic learning requirements or grade-level expectations and any other academic goals, objectives, and learning requirements defined by the school district or charter school.

(2) Contact. Each student enrolled in an alternative learning experience must have one of the following methods of contact with a certificated teacher at least once a school week until the student completes all course objectives or otherwise meets the requirements of the learning plan:

(a) Direct personal contact must:

(i) Be for the purposes of instruction, review of assignments, testing, evaluation of student progress, or other learning activities or requirements identified in the written student learning plan;

(ii) Be related to an alternative learning experience course or course work identified in the written student learning plan; and

(iii) At minimum include a two-way exchange of information between a certificated teacher and the student. All required direct personal contact must be documented.

(b) In-person instructional contact must be:

(i) For the purposes of actual instruction, review of assignments, testing, evaluation of student progress, or other learning activities or requirements identified in the written student learning plan; and

(ii) Related to an alternative learning experience course identified in the written student learning plan.

(c) Synchronous digital instructional contact may be accomplished in a group setting between the teacher and multiple students. The synchronous digital contact must be:

(ii) Related to an alternative learning experience course or course work identified in the written student learning plan.

(3) Monthly progress evaluation.

(a) The educational progress of each student enrolled in an alternative learning experience must be evaluated at least once each calendar month of enrollment by a certificated teacher or, for students whose written student learning plans include only online classes, school-based support staff in accordance with this section.

(b) The results of each evaluation must be communicated to the student or, if the student is in grades K-8, both the student and the student's parent. For students whose written student learning plan includes only online courses, a school-based support staff may communicate the progress evaluation to the student.

(i) Each student's educational progress evaluation must be based on the learning goals and performance objectives defined in the written student learning plan;

(ii) The evaluation of satisfactory progress must be conducted in a manner consistent with school district or charter school student evaluation or grading procedures, and be based on the professional judgment of a certificated teacher;

(iii) In the event that the monthly evaluation is not completed within the calendar month being evaluated, the evaluation must be completed within five school days of the end of the month. Districts and charter schools must not claim funding for the subsequent month for a student who was not evaluated within that time frame;

(iv) The progress evaluation conducted by a certificated teacher must include direct personal contact with the student with the following exceptions:

(A) After an initial month of satisfactory progress, in subsequent months where progress continues to be satisfactory the evaluation may be communicated to the student without direct personal contact.

(B) Direct personal contact is not required as a part of the evaluation conducted in the final month of the school year if the evaluation takes the form of the delivery of final grades to the student.

(v) Based on the progress evaluation, a certificated teacher must determine and document whether the student is making satisfactory progress reaching the learning goals and performance objectives defined in the written student learning plan;

(vi)(A) For students whose written student learning plan includes only online courses, school-based support staff, according to school policy and procedures, may use the student's progress grades in the online course or courses to determine whether a student's progress is satisfactory.

(B) School-based support staff, following school policy and procedures, may take into account nonacademic factors or local school expectations to finalize the determination of satisfactory progress.

(C) The progress grades posted in the learning management system may serve as the documentation of determining satisfactory progress.

(4) Intervention plan.

(a) If it is determined that the student failed to make satisfactory progress or that the student failed to follow the written student learning plan, an intervention plan must be developed for the student within five school days of the date of the monthly progress evaluation.

(b) An intervention plan must be developed, documented, and implemented by a certificated teacher in conjunction with the student and, for students in grades K-8, the student's parent(s). For students whose written student learning plan includes only online courses, the intervention plan may be developed by the school-based support staff in conjunction with the student and certificated teacher and must be approved by the student's online certificated teacher.

(i) Increasing the frequency or duration of contact with a certificated teacher for the purposes of enhancing the ability of the certificated teacher to improve student learning;

(ii) Modifying the manner in which contact with a certificated teacher is accomplished;

(iii) Modifying the student's learning goals or performance objectives;

(iv) Modifying the number of or scope of courses or the content included in the learning plan.

(d) An intervention plan is not required if the evaluation is delivered within the last five school days of the year.

(5) Continued enrollment. If after no more than three consecutive calendar months in which it is determined the student is not making satisfactory progress despite documented intervention efforts, a course of study designed to more appropriately meet the student's educational needs must be developed and implemented by a certificated teacher in conjunction with the student and where possible, the student's parent. This may include removal of the student from the alternative learning experience and enrollment of the student in another educational program offered by the school district or charter school.

History

Statutory Authority: RCW 28A.232.010. WSR 21-06-082, § 392-550-025, filed 3/1/21, effective 4/1/21. Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-025, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-030 Program requirements.

(1) School districts or charter schools that offer alternative learning experience courses or course work must ensure that they are accessible to all students, including students with disabilities. Alternative learning experience courses or course work for special education students must be provided in accordance with chapter 392-172A WAC.

(2) Contracting for alternative learning experience courses or course work is subject to the provisions of WAC 392-121-188.

(3) It is the responsibility of the school district or school district contractor, or charter school or charter school contractor, to ensure that students have all curricula, course content, instructional materials and learning activities that are identified in the alternative learning experience written student learning plan.

(4) School districts and charter schools must ensure that no student or parent is provided any compensation, reimbursement, gift, reward, or gratuity related to the student's enrollment or participation in, or related to another student's recruitment or enrollment in, an alternative learning experience course or course work unless otherwise required by law. This prohibition includes, but is not limited to, funds provided to parents or students for the purchase of educational materials, supplies, experiences, services, or technological equipment.

(5) School district employees are prohibited from receiving any compensation or payment as an incentive to increase student enrollment of out-of-district students in an alternative learning experience course or course work.

(6) Curricula, course content, instructional materials, learning activities, and other learning resources for alternative learning experience courses or course work must be consistent in quality with those available to the district's or charter school's overall student population.

(7) Instructional materials used in alternative learning experience courses or course work must be approved pursuant to school board policies adopted in accordance with RCW 28A.320.230.

(8) A district or charter school may purchase educational materials, equipment, or other nonconsumable supplies for students' use in alternative learning experience courses or course work if the purchase is consistent with the district's or charter school's approved instructional materials or curriculum, conforms to applicable laws and rules, and is made in the same manner as such purchases are made for students in the district's or charter school's regular instructional program. Items so purchased remain the property of the school district or charter school upon program completion.

(9)(a) School districts and charter schools are prohibited from purchasing or contracting for instructional or cocurricular experiences and services that are included in an alternative learning experience written student learning plan including, but not limited to, lessons, trips, and other activities, unless substantially similar experiences or services are also made available to students enrolled in the district's or charter school's regular instructional program.

(b) This prohibition extends to a district's or charter school's contracted providers of alternative learning experience programs, and each district and charter school shall be responsible for monitoring the compliance of its contracted providers.

(i) Prohibit school districts or charter schools from contracting with school district or charter school employees to provide services or experiences to students; or

(ii) Prohibit school districts or charter schools from contracting with online providers approved by the office of superintendent of public instruction pursuant to chapter 28A.250 RCW; or

(iii) Require school districts or charter schools that contract with school district or charter school employees to provide services or experiences to students, or with online providers approved by the office of superintendent of public instruction pursuant to chapter 28A.250 RCW, to provide substantially similar experiences and services under this chapter.

(10)(a) A school district or charter school that provides alternative learning experience courses or course work to a student must include a description of the difference between home-based instruction pursuant to chapter 28A.200 RCW and the alternative learning experience course(s).

(b) This information must be provided directly to the parent prior to the student's enrollment and in the school or program informational materials such as the student and parent handbook and website. Reasonable efforts must be made to enable parents to request and receive the information in a language in which they are fluent.

(11)(a) The school district or school district contractor, or charter school or charter school contractor, is prohibited from advertising, marketing, and otherwise providing unsolicited information about learning programs offered by the school district or charter school including, but not limited to, digital learning programs, part-time enrollment opportunities, and other alternative learning programs, to students and their parents who have filed a declaration of intent to cause a child to receive home-based instruction under RCW 28A.200.010. School districts and charter schools may respond to requests for information that are initiated by a parent.

(b) This prohibition does not apply to general mailings, newsletters, or other general communication distributed by the school district, school district contractor, charter school, or charter school contractor to all households in the district.

(12) Work-based learning as a component of an alternative learning experience course of study is subject to the provisions of WAC 392-410-315 and 392-121-124.

(13) The school district or charter school must institute reliable methods to verify a student is doing his or her own work. The methods may include proctored examinations or projects, including the use of web cams or other technologies. For the purpose of this section, "proctored" means directly monitored by an adult authorized by the school district or charter school.

(14) School districts may accept nonresident students under the school choice enrollment provisions of RCW 28A.225.200 through 28A.225.230 and chapter 392-137 WAC for enrollment in alternative learning experiences.

(15) School districts enrolling a nonresident student must inform the resident school district if the student drops out of the alternative learning experience program or is otherwise no longer enrolled.

(16) The alternative learning experience must satisfy the office of superintendent of public instruction's requirements for courses of study and equivalencies as provided in chapter 392-410 WAC.

(17) High school alternative learning experience courses must be offered for high school credit. Courses offering credit or alternative learning experience programs issuing a high school diploma must satisfy the state board of education's high school credit and graduation requirements as provided in chapter 180-51 WAC.

History

Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-030, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-035 Full-day kindergarten requirements.

Alternative learning experience programs providing full-day kindergarten must:

(1) Have multiple weekly observations of students by certificated teachers each week during the eight-week WaKIDS assessment window. Observations must take place either in person or through synchronous digital instructional contact.

(2) Have at least a 1,000 annual hour instructional program.

(3) Have written student learning plans that include at least the following elements:

(a) A description of curriculum activities that assist students in:

(i) Developing initial skills in the academic areas of reading, mathematics, and writing;

(ii) Developing a variety of communication skills;

(iii) Providing experiences in science, social studies, arts, health, physical education, and a world language other than English;

(iv) Acquiring large and small motor skills;

(v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and

(vi) Learning through hands-on experiences.

(b) A description of learning environments that are developmentally appropriate and promote creativity.

(4) Implement WaKIDS in accordance with WAC 392-550-050.

History

Statutory Authority: RCW 28A.232.010. WSR 22-15-060, § 392-550-035, filed 7/15/22, effective 8/15/22. Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-035, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-040 Truancy.

(1) This section provides the process for determining truancy, required interventions, and a threshold for filing a truancy petition for students enrolled in alternative learning experience courses. Beginning with the 2021-22 school year, this process should be used in place of the thresholds provided in RCW 28A.225.030. All other requirements of compulsory attendance outlined in chapter 28A.225 RCW apply.

(2) If a child required to attend school under RCW 28A.225.010 fails to meet the contact requirements of an alternative learning experience under this chapter without valid justification, the school district or charter school in which the child is enrolled must perform the following procedures:

(a)(i) The school district or charter school must inform the child's parent by a notice through direct personal contact whenever the child has failed to make weekly contact without valid justification.

(ii) The notice must inform the parent of the potential consequences of additional missed weekly contacts.

(iii) The school district or charter school must ensure that this notification is in a language the parents understand, which may require language assistance for parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

(b)(i) After the second consecutive week of missed contact without valid justification or third cumulative week of missed contact without valid justification, the school district or charter school must schedule a conference with the parent and child to discuss the missed contact, administer a screener, and develop a data-based intervention plan to reduce the child's missed contacts.

(ii) The purpose of the conference is to understand the underlying reasons for the missed contact and to develop an intervention plan to address them.

(iii) In middle school and high school, the conference must include the application of the Washington assessment of the risks and needs of students (WARNS), or other screener that identifies barriers to attendance, by a school district's designee under RCW 28A.225.026.

(iv) The conference may take place in-person, by phone, or through interactive video communication.

(v) The conference must take place within one calendar week.

(vi) If the child's parent does not attend the scheduled conference, the conference may be conducted with the student and school official. The parent must be notified of the steps to be taken to eliminate the child's missed weekly contacts.

(3)(a)(i) If the actions performed under subsection (2) of this section are not successful in substantially reducing an enrolled student's missed weekly contacts without valid justification, the school district or charter school must file a petition and supporting affidavit for a civil action with the juvenile court alleging a violation of RCW 28A.225.010 by the parent, the child, or the parent and the child.

(ii) The petition must be filed no later than the fifth consecutive or sixth cumulative missed weekly contact without valid justification. The petition may be filed earlier and it may include the student's previous history of unexcused absences.

(b) A petition filed under this section must include the supporting documentation as provided in RCW 28A.225.030(1).

(c) For nonresident students, the petition must be filed in the county juvenile court that is most accessible for the student and parent. When determining the appropriate county court in which to file a truancy petition for nonresident students, the following must be considered:

(i) Proximity to the student or parents' primary place of residence;

(ii) The guidance from the juvenile court closest to the student or parents' primary place of residence; and

(iii) Preference stated by the student or parent, if communication with the parent(s) has been established.

(4) The petition must follow the requirements of RCW 28A.225.035.

(5)(a) Pursuant to RCW 28A.225.035, the petition must be stayed and the child and the child's parents must be referred to a community engagement board or other coordinated means of intervention.

(b) The school district or charter school offering alternative learning experience course(s), or program designee, is responsible for coordinating with the juvenile court to determine whether a community engagement board is the best intervention for the child or if another coordinated means of intervention will be more likely to support the student to return to school.

History

Statutory Authority: RCW 28A.232.010 and 28A.232.030. WSR 21-15-046, § 392-550-040, filed 7/14/21, effective 8/14/21. Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-040, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-045 Required school district or charter school board policies for alternative learning experiences.

(1) The board of directors of a school district or charter school board claiming state funding for alternative learning experiences must adopt and annually review written policies authorizing such alternative learning experiences.

(2) The policy must include at least the following:

(a) Each alternative learning experience program and program provider;

(b) A list of valid justifications why a student may miss the weekly contact requirement pursuant to WAC 392-550-025 for the purpose of truancy pursuant to WAC 392-550-040;

(c) A designation, by title, of one or more school district official(s) or charter school official(s) responsible for overseeing the district's or charter school's alternative learning experience courses or programs who will:

(i) Monitor compliance with this chapter; and

(ii) Report at least annually to the school district board of directors or charter school board on the program pursuant to WAC 392-550-060.

History

Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-045, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-050 Assessment requirements.

(1)(a) All students enrolled in alternative learning experience courses or course work must be assessed at least annually, using, for full-time students, the state assessment for the student's grade level and using any other annual assessments required by the school district or charter school.

(b)(i) Part-time students must be assessed at least annually.

(ii) Part-time students who are receiving home-based instruction under chapter 28A.200 RCW or who are enrolled in an approved private school under chapter 28A.195 RCW are not required to participate in the assessments required under chapter 28A.655 RCW.

(2) Any student whose alternative learning experience enrollment is claimed as greater than 0.8 full-time equivalent in any one month through the January count date must be included by the school district or charter school in any required state or federal accountability reporting for that school year, subject to existing state and federal accountability rules and procedures.

(3)(a) Students enrolled in nonresident district alternative learning experience courses or course work who are unable to participate in required annual state assessments at the nonresident district must have the opportunity to participate in such required annual state assessments at the district of physical residence, subject to that district's planned testing schedule.

(b)(i) It is the responsibility of the nonresident enrolling district to establish a written agreement with the district of physical residence that facilitates all necessary coordination between the districts and with the student and, where appropriate, the student's parent(s) to fulfill this requirement. Such coordination may include arranging for appropriate assessment materials, notifying the student of assessment administration schedules, arranging for the forwarding of completed assessment materials to the enrolling district for submission for scoring and reporting, arranging for any allowable testing accommodations, and other steps as may be necessary.

(ii) The written agreement may include rates and terms for payment of reasonable fees by the enrolling district to the district of physical residence to cover costs associated with planning for and administering the assessments to students not enrolled in the district of physical residence.

(iii) Assessment results for students assessed according to these provisions must be included in the enrolling district's accountability measurements, and not in the district of physical residence's accountability measurements.

(4)(a) School districts and charter schools offering alternative learning experience courses or course work to students enrolled in full-day kindergarten under RCW 28A.150.315 must administer WaKIDS to identify the skills, knowledge, and characteristics of kindergarten students at the beginning of the school year in order to support social-emotional, physical, and cognitive growth and development of individual children; support early learning provider and parent involvement; and inform instruction.

(b) To maintain fidelity to the state WaKIDS assessment protocol, the WaKIDS assessment requires multiple weekly observations of students by certificated teachers each week during the eight-week assessment window. Observations must take place either in person or through synchronous digital instructional contact.

History

Statutory Authority: RCW 28A.232.010. WSR 22-15-060, § 392-550-050, filed 7/15/22, effective 8/15/22. Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-050, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-055 Enrollment reporting procedures.

The school district or charter school claiming apportionment for alternative learning experience courses is subject to the enrollment reporting procedures in WAC 392-121-182.

History

Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-055, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-060 Reporting requirements.

(1) Each school district or charter school offering alternative learning experience courses or course work must report monthly to the superintendent of public instruction accurate monthly headcount and full-time equivalent enrollment for students enrolled in alternative learning experiences. Each school district offering alternative learning experience courses or course work must further report monthly to the superintendent information about the resident and serving districts of such students.

(2) Each school district or charter school offering alternative learning experience courses or course work must submit an annual report to the superintendent of public instruction detailing the costs and purposes of any expenditure made pursuant to WAC 392-550-030(9), along with the substantially similar experiences or services made available to students enrolled in the district's or charter school's regular instructional program.

(3) Each school district or charter school offering alternative learning experience courses or course work must annually report the following to the superintendent of public instruction:

(a) The number of certificated instructional staff full-time equivalent assigned to each alternative learning experience program;

(b) Separately identify alternative learning experience enrollment of students where instruction is provided entirely under contract pursuant to RCW 28A.150.305 and WAC 392-121-188;

(d) The number of students enrolled in full-day kindergarten who participated in the WaKIDS assessment prior to the assessment deadline.

(4) Each school district or charter school offering alternative learning experience courses must report all required information to the office of superintendent of public instruction's Comprehensive Education Data and Research System under RCW 28A.300.500. School districts and charter schools must designate alternative learning experience courses as such when reporting course information to the Comprehensive Education Data and Research System.

(5) Each school district or charter school offering alternative learning experience courses or course work must report annually to the school district board of directors or charter school board. This annual report shall include at least the following:

(a) Documentation of alternative learning experience student headcount and full-time equivalent enrollment claimed for basic education funding;

(b) Identification of the overall ratio of certificated instructional staff to full-time equivalent students enrolled in each alternative learning experience program; and

(c) A description of how the program supports the district's or charter school's overall goals and objectives for student academic achievement.

History

Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-060, filed 7/10/20, effective 8/10/20.

Wash. Admin. Code § 392-550-065 Documentation and record retention requirements.

School districts and charter schools claiming state funding for alternative learning experiences must:

(1) Retain all documentation required in this chapter in accordance with established records retention schedules;

(2) Make such documentation available upon request for purposes of state monitoring and audit;

(3) Maintain the following written documentation:

(a) School board policy for alternative learning experiences pursuant to this chapter;

(b) Annual reports to the school district board of directors or charter school board as required by WAC 392-550-045;

(d) The written student learning plans required by WAC 392-550-025; and

(e) Evidence of weekly contact required by WAC 392-550-025.

(i) For students participating in regularly scheduled classes, including in-person instructional contact and synchronous digital instructional contact, evidence may include classroom attendance records.

(ii) For students who are not participating in regularly scheduled classes, evidence of contact must include the date of the contact, the method of communication by which the contact was accomplished, and documentation to support the subject of the communication.

(f) Student progress evaluations and intervention plans required by WAC 392-550-025;

(g) The results of any assessments required by WAC 392-550-050; and

(h) Student enrollment detail substantiating full-time equivalent enrollment reported to the state.

History

Statutory Authority: Chapter 28A.232 RCW and RCW 28A.232.030. WSR 20-15-062, § 392-550-065, filed 7/10/20, effective 8/10/20.

Chapter 392-600 Washington state skill center rules.

Wash. Admin. Code § 392-600-010 Definitions.

(1) A "skill center" is a regional career and technical education partnership. It is established to provide access to comprehensive, industry-defined career and technical programs of study that prepare students for careers, employment, apprenticeships and postsecondary education. A skill center is operated by a host school district and governed by an administrative council in accordance with an interdistrict cooperative agreement, or as otherwise provided by legislation.

(2) An "interdistrict cooperative agreement" is a joint resolution by the board of directors of all participating school districts designating the host district as the legal applicant.

(3) The "host district" is a member of the skill center cooperative selected to be responsible for the planning, construction, administration, operation and fiscal services of the skill center. A single district forming a skill center is the host district.

(4) The "administrative council" serves as the governing body of the interdistrict cooperative and makes policy for the operation of the skill center. The administrative council is comprised of the superintendent of each member school district where skill center facilities are sited and the applicable college president participating in the cooperative agreement. In the case of a single school district forming an autonomous skill center, the school board of directors shall serve as the administrative council.

(5) The "skill center core campus" is the facility housing a majority of the skill center students enrolled. It is operated by the skill center. The cooperative shall manage and maintain the core campus.

(6) A "single school district skill center" is a single school district with an annual headcount enrollment at or exceeding twelve thousand students in grades nine through twelve that offers skill center programs.

(7) An "emerging skill center" is a new core or branch skill center having an approved application still in the development phase, but not yet offering programs.

(8) A "skill center branch campus" is a common school or higher education facility which provides three or more programs at a location other than the skill center core campus. Each branch campus must be approved by the superintendent of public instruction.

(9) A "skill center satellite program" is a facility or site which provides less than three programs at a location other than the skill center core campus. Each satellite program must be approved by the superintendent of public instruction and shall only be hosted by a core campus. If the satellite program is housed in another skill center's service area, approval by both skill center administrative councils is required.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-010, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-020 Skill center interdistrict cooperative agreements.

An interdistrict cooperative agreement, as defined in WAC 392-600-010, shall include and set forth the following:

(1) The administration of the school facility and of the program or services to be offered;

(2) The estimated number of students to be served from each district;

(3) The estimated amount of any operating costs of the program that are not funded from state or federal sources and the method of sharing the unfunded costs;

(4) Financial terms by which each participating district will share in the cost of construction or modernization and operation of school facilities to comply with WAC 392-347-023;

(5) Terms by which the skill center may be dissolved in accordance with the provisions for dissolution of skill centers as outlined in WAC 392-600-120;

(6) Duration of the interdistrict cooperative agreement:

(a) The initial interdistrict cooperative agreement must be a minimum of ten years;

(b) The minimum period of operation prior to dissolution consideration must be in accordance with the provisions for dissolution of skill centers as outlined in WAC 392-600-120;

(c) The renewal or amendments to agreements shall be submitted for approval of the superintendent of public instruction, career and technical education.

(7) Ownership of all capital equipment and skill center facilities;

(8) Distribution of assets and liabilities or the payments to be made to the participating districts;

(9) Relationship and governance structure of branch campuses, if applicable;

(10) Responsibilities for services to be provided by participating school districts directly to the skill center. These shall include, but are not limited to:

(a) Transportation;

(b) Special education;

(11) Programs eligible for consideration and approval by OSPI shall be:

(a) Voluntary student enrollment;

(b) Tuition-free;

(i) Providing educational programs not otherwise available;

(ii) Avoiding unnecessary duplications of specialized or unusually expensive programs and facilities.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-020, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-030 Administrative councils.

Skill center administrative councils shall:

(1) Establish policies and procedures;

(2) Be responsible for equipment replacement, facility maintenance, and ongoing operation of the skill center, including a branch campus/satellite program, to meet current industry and educational standards;

(3) Offer programs that are approved by the superintendent of public instruction for career and technical education enhancement as defined in WAC 392-121-138, or provide basic support to students enrolled in skill center programs: Programs that are approved by the superintendent of public instruction for vocational enhancement shall provide a minimum of five hundred forty hours of instruction per year;

(4) Skill center programs may be less than the equivalent of three consecutive fifty-minute periods if offered as an extension of the student's one whole full-time equivalent-funded school year;

(5) Submit an application to the superintendent of public instruction, career and technical education, requesting approval to operate a satellite program eligible for skill center funding;

(6) Select an official name to be submitted to the superintendent of public instruction, career and technical education, which will include the phrase "skill center" modified by the specific unique name given locally. The specific name given should be different than the name of any school district participating in the skill center cooperative;

(7) Have three years from the date of approval to establish a financial plan, including the operation and capital funds which will contribute to the ongoing site, facility, equipment, and maintenance and operation of the skill center to be reviewed annually;

(8) Serve the majority of student enrollment at its core campus.

Skill centers that serve or intend to serve less than a majority of students at the core campus must submit a waiver request to the superintendent of public instruction, career and technical education.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-030, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-040 Skill center facilities and capital funding.

(1) A skill center administrative council, as defined in WAC 392-600-010, in need of core or branch facility investments may request state capital funding through the state capital budget process.

(a) Existing skill center core and branch campuses requesting major capital project funding within the ten year capital budget planning cycle shall submit a capital plan to the superintendent of public instruction, school facilities and organization, for their skill center facilities by December 1st of each odd-numbered year.

(b) Emerging skill center core or branch campuses in need of new or remodeled permanent housing as identified in the feasibility study or feasibility study waiver request, may initiate through their administrative council and host district a request to the superintendent of public instruction, school facilities and organization, for a capital plan for predesign, design and subsequently for capital construction by May 1st of each year.

(c) The capital budget plan must identify a local contribution as provided in RCW 28A.245.030(3). The local contribution may be determined based on the total expected value of the project cost to include all phases of construction as proposed in the ten year plan. The local contribution must receive prior approval from the superintendent of public instruction, school facilities and organization, and may include the following:

(i) Local project funding from cooperating districts;

(ii) Fair market value of land as determined by a state certified general appraiser;

(iii) In-kind labor for capital planning, design, construction or capital project management; and

(iv) Other capital services provided by the cooperating districts.

(d) All capital plan submissions shall conform to the office of financial management's capital budget guidelines. Activities surrounding program development and operational oversight are not allowable capital expenditures.

(2) Minor works. A skill center administrative council may request state funding for core, branch or satellite facility minor works projects through the biennial capital budget.

Project requests shall be received by the superintendent of public instruction, school facilities and organization, by May 1st of each even-numbered year.

(3) All projects must conform to the office of financial management's capital budget guidelines.

(4) Ten year plan. The state superintendent or designee, in cooperation with the skill center directors and a representative of each emerging skill center, shall prepare a prioritized list of skill center capital projects to include major construction and minor works funding levels for the ten year plan required by RCW 28A.245.030(3).

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-040, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-050 Enrollment.

A skill center core campus shall submit a plan to the superintendent of public instruction, career and technical education that demonstrates they will meet the following conditions within three years from the date programs begin.

(1) A skill center must serve a minimum of one hundred fifty full-time equivalent students in a minimum of three different programs. A district must partner with an established skill center as a branch campus until the proposed skill center reaches one hundred fifty full-time equivalent students; exemptions include existing skill centers as of the date of formal adoption of skill center rules;

(2) No more than seventy percent of full-time equivalent students served by the skill center consortium may be resident students of the host district, except for single school district skill centers;

(3) The skill center will enter a two year probation period if a skill center is not able to meet enrollment requirements as set forth in this section. During this period, the superintendent of public instruction, career and technical education, will provide guidance and assistance to the skill center to help meet the enrollment requirements. Skill centers unable to meet the enrollment requirements at the end of the two year probation period will begin dissolution procedures as described in WAC 392-600-120;

(4) Skill center academic courses not approved as skill center career and technical education courses shall only report as basic education enrollment;

(5) Exemptions may be granted by OSPI career and technical education for start-up and existing skill centers operating prior to the 2010-11 school year.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-050, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-060 Enrollment apportionment.

(1) A skill center shall only receive the enhanced skill center funding for its programs after the date on which program approval is issued by the superintendent of public instruction, career and technical education.

(2) The core or branch campus district hiring the instructional staff and providing skill center programs to the student shall report the monthly student enrollment to the superintendent of public instruction, school apportionment and financial services, for state funding purposes, unless otherwise provided for by the interlocal agreement.

(3) Satellite programs shall not provide a monthly count of students directly to the superintendent of public instruction, for apportionment purposes and shall not be direct funded.

(4) Exemptions may be granted by the superintendent of public instruction, career and technical education, for start-up and existing skill centers operating prior to the 2010-11 school year.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-060, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-070 Single school district skill centers.

(1) A single school district's board of directors shall be the skill center administrative council and shall operate in accordance with WAC 392-600-030.

(2) It shall have an advisory committee comprised of the district superintendent and representatives from business/industry reflective of the proposed programs.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-070, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-080 Skill center feasibility study procedures.

(1) Two or more school districts, through a joint resolution designating a lead district, may request funding to conduct a feasibility study for a skill center core or branch campus to the superintendent of public instruction, school facilities and organization. The lead district will be the primary contact for the superintendent of public instruction, and will be responsible for disseminating information to member districts.

(2) In the case of branch campuses, the existing skill center host district and administrative council shall be the applicant or co-applicant.

(3) In addition:

(a) Feasibility study funding requests received before May 1st of each year will be submitted in OSPI's capital budget request.

(b) Two or more school districts, through a joint resolution, may request a waiver to the feasibility study requirement by demonstrating an existing skill center cooperative relationship and addressing the required elements of a feasibility study set forth by the superintendent of public instruction, school facilities and organization. Waivers may be granted by the state superintendent of public instruction.

(c) After legislative approval to fund the feasibility study, the superintendent of public instruction, school facilities and organization, shall issue a grant notification letter to the lead district for the appropriated funding to complete the feasibility study. The grant notification letter shall include the required elements of the study.

(d) The lead district shall return a completed feasibility study to the superintendent of public instruction, school facilities and organization, within one year from the grant notification letter.

(e) Participating school districts wanting to proceed with the creation of a skill center shall submit a written application to the superintendent of public instruction, school facilities and organization which shall include, but not be limited to, the interdistrict cooperative agreement requirements as prescribed in WAC 392-600-020. The application for the interdistrict cooperative shall be received within two school years of submitting the feasibility study.

(f) The superintendent of public instruction shall have final approval of the interdistrict cooperative agreement and the designation for the interdistrict cooperative to become an emerging skill center. The lead district shall receive a letter from the superintendent of public instruction regarding the outcome of the superintendent of public instruction review.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-080, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-090 Emerging skill centers.

Emerging skill centers, as defined in WAC 392-600-010, shall:

(1) Develop policies and procedures to ensure cooperation and avoid unnecessary duplication of programs within the skill center member districts.

(2) Follow the superintendent of public instruction, career and technical education, course approval application process.

(3) All career and technical education course offerings provided by the skill center must be submitted for approval by the skill center and not by the participating districts.

(4) Apply for a school entity code through the superintendent of public instruction, information technology.

All existing skill centers must meet the rules herein set forth by June 30, 2014.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-090, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-100 Branch campuses.

(1) The superintendent or designee from the branch campus shall serve on the core campus host district council.

(2) The branch campus shall:

(a) Receive interdistrict cooperative approval from the superintendent of public instruction as described in WAC 392-600-020;

(b) Have programs reviewed and approved by the core campus host district before submitting to the superintendent of public instruction, career and technical education.

(3) A skill center branch campus may submit a request to the superintendent of public instruction, career and technical education, to be considered as a skill center core campus if it meets the following standards:

(a) Develops interdistrict agreements that meet the standards in WAC 392-600-020;

(b) Meets or has a plan to meet the enrollment requirements in WAC 392-600-050;

(d) Receives a written release from the core campus.

(4) A branch campus may not establish a branch campus or a satellite program.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-100, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-110 Satellite programs.

(1) Existing core skill centers may request approval through the superintendent of public instruction, career and technical education, for satellite programs. If a satellite program is located at a comprehensive high school, written approval from district career and technical education director and superintendent is required.

(2) A satellite program shall not report the monthly student enrollment directly to the superintendent of public instruction, apportionment financial services. State apportionment funding shall be paid only through the core campus host district.

(3) Program approvals will be submitted to the superintendent of public instruction, career and technical education, through the core campus.

(4) Interlocal agreements shall be developed as necessary with:

(a) School districts;

(b) Private or other entities.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-110, filed 1/22/10, effective 2/22/10.

Wash. Admin. Code § 392-600-120 Dissolution of skill centers.

(1) A skill center administrative council, as defined in WAC 392-600-010, seeking to dissolve the operation of a skill center campus shall request prior approval from the superintendent of public instruction before dissolution and shall conform to the following:

(a) Skill centers receiving state funding for construction or major modernization shall not initiate procedures for the dissolution of the operation of a skill center prior to the end of the useful life of the facility or thirty years after the state funded facility's construction completion date, whichever is less.

(b) Any skill center facilities which were constructed, or have received major modernization, with state funding shall revert to the school district in which the facility is physically located and shall be counted as instructional space in the district's inventory.

(c) Request for dissolution outside the terms of the interdistrict cooperative agreement may be approved when, in the judgment of the superintendent of public instruction, there is substantiation of sufficient cause.

(2) Skill centers unable to meet enrollment requirements during the probationary period as described in WAC 392-600-060 shall enter into the skill center dissolution process. Within thirty days after conclusion of the probationary period the skill center administrative council shall submit in writing, for approval by the superintendent of public instruction, one of the following dissolution options:

(a) Partner with an existing skill center to become a branch campus or satellite program. The proposed core campus skill center administrative council must submit a resolution proposal for the new branch campus or satellite program.

(b) Remove skill center status and no longer qualify for enhanced skill center funding as described in WAC 392 121-465.

History

Statutory Authority: RCW 28A.245.030. WSR 10-04-010, § 392-600-120, filed 1/22/10, effective 2/22/10.

Chapter 392-700 Dropout reengagement.

Wash. Admin. Code § 392-700-001 Purpose and authority.

(1) The purpose of this chapter is to provide a statutory framework for a statewide dropout reengagement system and to provide appropriate educational opportunities and access to services for students age sixteen to twenty-one who have dropped out of high school or are not accumulating sufficient credits to reasonably complete a high school diploma in a public school before the age of twenty-one.

(2) Authority for this chapter is RCW 28A.175.100, which authorizes the superintendent of public instruction to adopt rules and procedures for statewide dropout reengagement programs (hereafter called program).

History

Statutory Authority: RCW 28A.175.100. WSR 13-13-005, § 392-700-001, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-001, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-015 Definitions.

The following definitions in this section apply throughout this chapter:

(1) "Agency" means an educational service district, nonprofit community-based organization, or public entity other than a college.

(2) "Annual average full-time equivalent (AAFTE)" means the total monthly full-time equivalent (FTE) reported for each enrolled student in a school year divided by ten.

(3) "Attendance period requirement" is defined as, at minimum, two hours of face-to-face interaction with a designated program staff for the purpose of instruction, academic counseling, career counseling, or case management contact aggregated over the prior month. In-person face-to-face interaction is required for the month that the student was claimed for the first time. Thereafter, the interaction may include an option for digital-synchronous interaction when a student:

(a) Requests digital-synchronous options; or

(b) Requires digital-synchronous access as determined by program staff.

(c) If, after each three months of claimed enrollment, the student has not earned an indicator of academic progress through the utilization of digital-synchronous interaction, then the interaction must return to in-person face-to-face until an indicator of academic progress is earned.

(4) "CEDARS" refers to comprehensive educational data and research system, the statewide longitudinal data system of educational data for K-12 student information.

(5) "College" means college or technical college pursuant to chapters 28B.20 through 28B.50 RCW.

(6) "College level class" is a class provided by a college that is 100 level or above.

(7) "Consortium" means a regional group of organizations that consist of districts, tribal compact schools, charter schools and agencies and/or colleges who agree to work together to create and operate a program that will serve students from multiple districts, tribal compact schools, and charter schools and reduce the administrative burden.

(8) "Consortium agreement" means the agreement that is signed by the authorized consortium lead and all district, tribal compact school, and charter school superintendents or their authorized officials which are part of the consortium and agree to refer eligible students to the consortium's program. This agreement will clearly outline the responsibilities of the consortium lead and those of the referring districts, tribal compact schools, and charter schools.

(9) "Consortium lead" means the lead organization in a consortium that will assume the responsibilities outlined in WAC 392-700-042(3).

(10) "Count day" is the instructional day that is used to claim a program's enrollment for state funding pursuant to WAC 392-121-033. For September, the count day is the fourth instructional day. For the remaining months, the count day is the first instructional day.

(11) "Credential" is identified as one of the following:

(a) High school diploma; or

(b) Associate degree.

(12) "Enrolled student" is an eligible student whose enrollment and attendance meets the criteria outlined in WAC 392-700-035 and 392-700-160, and is reported as an FTE for state funding. An enrolled student can be further defined as one of the following:

(a) New student is an enrolled student who is being claimed for state funding for the first time by the program.

(b) Continuing student is an enrolled student who has continuously been enrolled in the program and claimed for state funding on at least one count day.

(c) Returning student is an enrolled student who has returned to the program after not receiving program services for a period of at least one count day and not more than 10 count days.

(d) Reenrolling student is an enrolled student who has reenrolled in the program after not receiving program services for a period of 11 count days or more.

(13) "ERDC" refers to education research and data center, which conducts analyses of early learning, K-12, and higher education programs and education issues across the P-20 system that collaborates with legislative evaluation and accountability program and other statutory partner agencies.

(14) "Full-time equivalent (FTE)" is the measurement of enrollment that an enrolled student can be claimed on a monthly basis with the maximum being 1.0 FTE per month for each student enrolled in a program.

(15) "Indicator of academic progress" means a standard academic benchmark that demonstrates academic performance which is attained by a reengagement student. These indicators will be tracked and reported by the program and district, tribal compact school, or charter school for each student and for programs as a whole using definitions and procedures outlined by OSPI. Indicators of academic progress will be reported when a student does one of the following:

(a) Earns at minimum a 0.25 high school credit;

(b) Earns at minimum a whole college credit;

(d) Receives an industry recognized certificate of completion of training or licensing received after completion of a program requiring at least 40 hours of instruction;

(e) Passes one or more tests or benchmarks that would satisfy the state board of education's graduation requirements as provided in chapter 180-51 WAC;

(f) Passes one or more high school equivalency certificate measures (each measure may only be claimed once per enrolled student), or other state assessment;

(g) Makes a significant gain in a core academic subject based on the assessment tool's determination of significant gain (may be claimed multiple times in a year per enrolled student);

(h) Successfully completes a grade level curriculum in a core academic subject that does not earn high school or college credit;

(i) Successfully completes college readiness course work with documentation of competency attainment;

(j) Successfully completes job search and job retention course work with documentation of competency attainment;

(k) Successfully completes a paid or unpaid cooperative work based learning experience of at least 45 hours. This experience must meet the requirements of WAC 392-410-315(2);

(l) Enrolls in a college level class for the first time (limited to be claimed once per enrolled student);

(m) Successfully completes an English as a second language (ESL) class;

(n) Successfully completes an adult basic education (ABE) class; or

(o) Successfully completes a series of short-term industry recognized certificates equaling at least 40 hours.

(16) "Institutional education program" means a program that meets a definition under WAC 392-122-205.

(17) "Instructional staff" means the following:

(a) For programs operated by a district, tribal compact school, charter school, or agency, the instructional staff is a certificated instructional staff pursuant to WAC 392-121-205; and

(b) For programs operated by a college, the instructional staff is one who is employed or appointed by the college whose required credentials are established by the college.

(18) "Letter of intent" means the document signed by the district, tribal compact school, charter school, college or lead agency authorized official that specifically outlines to OSPI the required elements of a program that the district, tribal compact school, charter school, college, or agency agree to implement.

(19) "Noninstructional staff" is any person employed in a position that is not an instructional staff as defined under subsection (17) of this section.

(20) "OSPI" means the office of superintendent of public instruction.

(21) "Program" means a statewide dropout reengagement program approved by OSPI, pursuant to RCW 28A.175.105.

(22) "School year" is the 12-month period that begins September 1st and ends August 31st during which instruction is provided and FTE is reported.

(23) "Scope of work" means the document signed by district, tribal compact school, or charter school superintendent or their authorized official and the authorized official of a program to be included in a contracted services agreement when the program is operated by a provider on behalf of the district, tribal compact school, or charter school, and will receive compensation in accordance with WAC 392-700-165. The scope of work will specifically outline all the required elements of a program that the provider and the district, tribal compact school, or charter school agree to implement.

(24) "Resident district" means the district where the student resides or a district that has accepted full responsibility for a student who lives outside of the district through the choice transfer process pursuant to RCW 28A.225.200 through 28A.225.240. For students enrolled in a tribal compact school or charter school, the tribal compact school or charter school is the student's resident district.

(25) "Weekly status check" means individual communication from a designated program staff to a student. Weekly status check:

(a) Can be accomplished in person or through the use of telephone, email, instant messaging, interactive video communication, or other means of digital communication;

(b) Must be for the purposes of instruction, academic counseling, career counseling, or case management;

(d) Must occur at least once every week that has at least three days of instruction.

(26) "Tribal compact school" means a school that is the subject of a state-tribal education compact operated according to the terms of its compact executed in accordance with RCW 28A.715.010.

(27) "Charter school" means a public school that is established in accordance with chapter 28A.710 RCW, governed by a charter school board, and operated according to the terms of a charter contract executed under chapter 28A.710 RCW.

History

Statutory Authority: RCW 28A.150.290 and 28A.175.115. WSR 22-15-119, § 392-700-015, filed 7/20/22, effective 8/20/22. Statutory Authority: RCW 28A.175.010, 28A.175.115. WSR 17-01-125, § 392-700-015, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-015, filed 7/16/15, effective 8/16/15
WSR 14-22-073, § 392-700-015, filed 11/3/14, effective 12/4/14
WSR 13-13-005, § 392-700-015, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-015, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-035 Student eligibility.

WAC 392-700-035

(1) A student is eligible to enroll in a program when they meet the following criteria:

(a) Under 21 years of age at the beginning of the school year but whose 16th birthday occurs on or before September 1st. For a student receiving special education services, the person is under the age of 22 at the beginning of the school year;

(b) Has not yet met the high school graduation requirements of either the district, tribal compact school, charter school, or the college under RCW 28B.50.535; and

(c) At the time the student enrolls, the student is significantly behind in credits based on the student's cohort graduation date. The cohort graduation date is established as the end of the fourth school year after a student first enrolls in the ninth grade.

(i) A student who is more than 24 months from their cohort graduation date and has earned less than 65 percent of the high school credits expected to be earned by their cohort or has a ratio of earned credits to attempted credits that is less than 65 percent. A cohort is the group of students that enter the ninth grade in the same school year;

(ii) A student who is between 12 and 24 months from their cohort graduation date and has earned less than 70 percent of the high school credits expected to be earned by their cohort or has a ratio of earned credits to attempted credits that is less than 70 percent;

(iii) A student who is less than 12 months from their cohort graduation date or who has passed their cohort graduation date by less than 12 months and has earned less than 75 percent of the high school credits expected to be earned by their cohort or has a ratio of earned credits to attempted credits that is less than 75 percent;

(iv) A student who is passed their cohort graduation date by 12 months or more and has not met their district, tribal compact school, or charter school graduation requirements; or

(v) A student who has never attended the ninth grade and has earned zero high school credits.

(d) If determined not to be credit deficient as outlined in (c) of this subsection, has been recommended for enrollment by case managers from the department of social and health services, the juvenile justice system, a district, tribal compact school, or charter school designated school personnel, or staff from community agencies which provide educational advocacy services;

(e) Are not currently enrolled in any high school classes that receive state basic education funding, excluding an approved skill center program, a Jobs for Washington's Graduates program, running start program, or institutional education program under WAC 392-122-205;

(f) Students who are claimed for state funding by a district, tribal compact school, or charter school outside the district they live in, must be released by either a choice transfer or interdistrict agreement. When a choice transfer is in place, the student's resident district as defined in WAC 392-700-015(24) becomes the district operating the program.

(2) Once determined eligible for enrolling in the program, a student will retain eligibility, regardless of breaks in enrollment, until the student does one of the following:

(a) Earns a high school diploma;

(b) Earns an associate degree; or

(c) Becomes ineligible because of age which occurs when a student is 21 years of age as of September 1st. Students receiving special education services can continue until the end of the school year they turn 22.

(3) A student's eligibility does not guarantee enrollment or continued enrollment in specific programs if the program determines that the student does not meet the program's enrollment criteria or if, after enrollment, a student's academic performance or conduct does not meet established program guidelines.

History

Statutory Authority: 2025 c 256, RCW 28A.150.290, 28A.150.305, 28A.175.115, 28A.300.072, and 28A.710.040. WSR 26-17-047, s 392-700-035, filed 8/12/26, effective 9/12/26. Statutory Authority: RCW 28A.150.290 and 28A.175.115. WSR 22-15-119, § 392-700-035, filed 7/20/22, effective 8/20/22. Statutory Authority: RCW 28A.175.010 and 28A.175.115. WSR 18-17-031, § 392-700-035, filed 8/6/18, effective 9/6/18
WSR 17-01-125, § 392-700-035, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-035, filed 7/16/15, effective 8/16/15
WSR 14-22-073, § 392-700-035, filed 11/3/14, effective 12/4/14
WSR 13-13-005, § 392-700-035, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-035, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-042 Program operating agreements and OSPI approval.

(1) Districts, tribal compact schools, charter schools, agencies, and colleges are encouraged to work together to design programs and collaborations that will best serve students. Many models of operation are authorized as part of the statewide dropout reengagement system.

Regardless of the model of operation, the state funding is allocated to the district, tribal compact school, charter school, or direct funded technical college that is reporting the student's enrollment for the program.

(2) A district, tribal compact school, or charter school may enter into one of the following models of operations through the OSPI approval process:

(a) Directly operate a program where the services are provided by the district, tribal compact school, or charter school resources;

(b) Enter into a partnership with an agency or college that will provide the services through a defined scope of work or contracted services agreement; or

(c) Become part of a consortium with other districts, tribal compact schools, charter schools, colleges, and/or agencies by executing a consortium agreement that is signed by all members.

(3) The purpose of the consortium will be to create and operate a program that will serve students enrolled in multiple districts including tribal compact schools and charter schools, and reduce the administrative burden. If such a regional reengagement consortium is implemented, a consortium lead agency will be identified and assume the following responsibilities:

(a) Take the lead in organizing and managing the regional consortium;

(b) Provide information and technical assistance to districts, tribal compact schools, and charter schools interested in participating in the consortium and providing the opportunity for their students to enroll;

(d) Provide oversight and technical assistance to the program to align with all requirements of this chapter and the delivery of quality programming;

(e) Assist the program with the preparation of required reports, enrollment data, and course records needed to enroll students, award credit, and report FTE and performance to OSPI;

(f) Facilitate data entry of required student data into each district, tribal compact school, or charter school's statewide student information system related to enrollment; and

(g) Work with the districts, tribal compact schools, and charter schools to facilitate the provision of special education, accommodations under Section 504 of the Rehabilitation Act of 1973, and transitional bilingual instruction pursuant to WAC 392-700-147.

(4) A technical college receiving direct funding and authorized to enroll students under WAC 392-121-187 may directly operate a program and serve students referred from multiple districts. The technical college will assume the responsibilities of operating the program as described in this chapter and will meet all responsibilities outlined in WAC 392-121-187.

(5) All programs must be approved by OSPI as follows:

(a) If the program is run by a district, tribal compact school, charter school, agency or college, the program must be approved.

(b) If the program is run by a consortium, both the program and participating districts, tribal compact school, or charter school must be approved.

(c) Any program which meets the definition of an online school program in RCW 28A.250.010 must be approved as an online provider, pursuant to RCW 28A.250.060(2).

(6) Dependent on the model of operations, OSPI will specify the necessary documentation required for approval.

(7) OSPI will provide model documents that can be modified to include district-, tribal compact school-, charter school-, college-, or agency-specific language and will indicate which elements of these standard documents must be submitted to OSPI for review and approval.

(8) Upon initial approval, OSPI will specify the duration of the approval and indicate the necessary criteria to obtain reapproval.

(9) After receiving a notice of approval, OSPI will assign a code to be used when reporting students enrolled in the program.

(10) This chapter does not affect the authority of districts, tribal compact schools, and charter schools under RCW 28A.150.305, 28A.320.035, or any other provision of law to contract for educational services other than reengagement programs as defined by WAC 392-700-015(21).

History

Statutory Authority: RCW 28A.150.290 and 28A.175.115. WSR 22-15-119, § 392-700-042, filed 7/20/22, effective 8/20/22. Statutory Authority: RCW 28A.175.010, 28A.175.115. WSR 17-01-125, § 392-700-042, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-042, filed 7/16/15, effective 8/16/15
WSR 14-22-073, § 392-700-042, filed 11/3/14, effective 12/4/14
WSR 13-13-005, § 392-700-042, filed 6/6/13, effective 7/7/13.

Wash. Admin. Code § 392-700-065 Instruction.

(1) All program instruction will meet the following criteria:

(a) Instruction will be designed to help students acquire high school credits, acquire at least high school level skills, and be academically prepared for success in college and/or work.

(b) Instruction will be provided in accordance with the skills level and learning needs of individual students and not the student's chronological age or associated grade level. Therefore:

(i) Instruction that is at the ninth grade level or higher shall generate credits that can be applied to a high school diploma; and

(ii) Instruction that is below the ninth grade level shall not generate high school credits but will be counted as part of the program's instructional programming for the purposes of calculating FTE and will be designed to prepare students for course work that is at the ninth grade level or higher.

(c) Instruction in which each student is enrolled will not be limited to only those courses or subject areas in which they are deficient in high school credits.

(d) The program will administer standardized tests to new students, as defined in WAC 392-700-015 (12)(a), and reenrolling student, as defined in WAC 392-700-015 (12)(d), within one month of enrollment or secure test results from no more than six months prior to enrollment in order to determine a student's initial math and reading level upon entering the program.

(e) The program will provide all instruction, tuition, and required academic skills assessments at no cost to the students, but may collect mandatory fees as established by each program.

(i) Consumable supplies, textbooks, and other materials that are retained by the student do not constitute tuition or a fee.

(ii) Programs are encouraged to offer a waiver or scholarship process.

(2) Instruction for students enrolled in programs operated by a district, tribal compact school, charter school, or agency will meet the following criteria:

(a) Instruction must include:

(i) Academic skills instruction and high school equivalency certificate preparation course work with curriculum and instruction appropriate to each student's skills levels and academic goals; and

(ii) College readiness and work readiness preparation course work.

(b) Instruction may include:

(i) Competency based academic and/or vocational training;

(ii) College preparation math or writing instruction;

(iii) Subject specific high school credit recovery instruction;

(iv) English language learners instruction (ELL); and

(v) Other course work approved by the district, tribal compact school, or charter school including cooperative work experience.

(c) Instruction will be scheduled so that enrolled students have the opportunity to attend and work with instructional staff during the hours of the program's standard instructional day.

(d) The program will maintain an instructor to student ratio as follows:

(i) The scheduled teaching hours of an instructional staff will equal or exceed the hours of the program's standard instructional day plus one additional hour per every five teaching hours for planning, curriculum development, recordkeeping, and required coordination of services with case management staff.

(ii) For any one instructional session, the program will assign instructional staff as needed to maintain an instructional staff to student ratio that does not exceed 1:25.

(iii) For programs that use noninstructional staff as part of the calculated instructional staff to student ratio, the following conditions must be met:

(A) Noninstructional staff may not be a replacement for the instructional staff and must work under the guidance and direct supervision of the instructional staff; and

(B) The ratio of total instructional and noninstructional staff to students may not exceed 2:50.

(3) Instruction for students enrolled in programs operated by a college will meet the following criteria:

(a) Instruction will be provided through courses approved by the college, identifiable by course title, course number, quarter, number of credits, and, for vocational course, the classification of instructional program (CIP) code number assigned by OSPI to the approved career and technical education (CTE) course.

(b) The following instruction will be offered to all students, as appropriate for their goals, skills levels, and completion of prerequisites:

(i) Basic skills courses and high school equivalency certificate preparation courses;

(ii) Courses that will lead to a postsecondary degree or certificate;

(iii) Course work that will lead to a high school diploma; and

(iv) College and work readiness preparation course work.

(i) Instructor to student ratio for any course open to both program students and nonprogram students will be determined by the college; and

(ii) Instructor to student ratio for classes designed exclusively for program students will not exceed 1:35.

History

Statutory Authority: RCW 28A.175.010 and 28A.175.115. WSR 18-17-031, § 392-700-065, filed 8/6/18, effective 9/6/18
WSR 17-01-125, § 392-700-065, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-065, filed 7/16/15, effective 8/16/15
WSR 13-13-005, § 392-700-065, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-065, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-085 Case management and student support.

(1) Case management staff will be employed or assigned to the program to provide accessible, consistent support to students, as well as, academic advising, career guidance information, employment assistance or referrals, and referrals to social and health services.

(2) The program will maintain a case management staff to student ratio not to exceed 1:75 (one case manager to seventy-five enrolled students) on a full-time continuous basis throughout the school year.

(3) Only the percent of each staff member's time that is allocated to fulfilling case management responsibilities for reengagement students will be included in the calculation of a program's case management staff to student ratio.

(4) Even though the provision of case management services may require case management staff to work in the community to meet client needs, case management staff will be primarily based at the program's instructional site(s).

(5) The program will ensure that case management services and instruction are integrated and coordinated and that procedures are in places that facilitate timely relevant communication about student progress.

(6) Case management staff will be assigned to provide services to students on a continuous basis throughout the school year.

(7) All case management staff will have at least a bachelor's degree in social work, counseling, education, or a related field or at least two years' experience providing case management, counseling, or related direct services to at-risk individuals or sixteen to twenty-one year old youth.

History

Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-085, filed 7/16/15, effective 8/16/15
WSR 13-13-005, § 392-700-085, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-085, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-137 Award of credit.

(1) For programs operated by districts, tribal compact schools, charter schools, and agencies, high school credit will be awarded for all course work in which students are enrolled, including high school equivalency certificate preparation, in accordance with the following:

(a) Determination of credit will take place on a quarterly basis with quarters defined as follows:

(i) September through December;

(ii) January through March;

(iii) April through June; and

(iv) July through August.

(b) Credit will be awarded at the end of each quarter, in accordance with the following guidelines, if the student has been enrolled for at least one month of the quarter:

(i) A maximum of 1.0 high school subject area credit will be awarded when a student passes a standardized high school equivalency certificate test in the subject matter. Additional credits may be awarded if the student has completed a course(s) of study to prepare for the test.

(ii) A 0.5 high school subject matter credit will be awarded when a student makes a statistically significant standardized assessment post-test gain in a specific subject area during the quarter and the following conditions are met:

(A) The student's standardized skills assessment score at the beginning of the quarter demonstrated high school level skills; and

(B) The instructional staff has assessed student learning and determined that a course of study has been successfully completed. A maximum of 1.0 credit may be awarded for such subject gains in a quarter.

(iii) A minimum of 0.25 high school elective credits will be awarded for completion of a work readiness or college readiness curriculum in which the student has demonstrated mastery of specific competencies.

(iv) For students taking part in district-, tribal compact school-, or charter school-approved subject-specific credit recovery course work, the amount and type of credit to be awarded will be defined by the district, tribal compact school, or charter school.

(v) The district, tribal compact school, or charter school must award credit for other course work provided by the agency with amount of credit to be awarded determined in advance, based on the agency's instructional staff's recommendation and on a district, tribal compact school, or charter school review of the curriculum and intended learning outcomes. Credit will only be awarded when:

(A) The student's standardized skills assessment score at the start of the quarter demonstrates high school level skills; and

(B) The instructional staff has assessed student learning and determined that the course of study has been successfully completed.

(2) For programs operated by colleges, high school credit will be awarded for course work in which students are enrolled, in accordance with the following:

(a) The district, tribal compact school, or charter school, and the college will determine whether the high school diploma will be awarded by the district, tribal compact school, or charter school or by the college as part of the college's high school completion program.

(b) If the college is awarding the diploma:

(i) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of college course work at or above the one hundred level. The college will determine the type of credit;

(ii) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of below one hundred level course work at a college. The college will determine the type of credit; and

(iii) 0.5 subject-specific credits will be awarded for successful completion of every five quarter or three semester hours of high school equivalency certificate course work which is aligned to the common core standards.

(i) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of below one hundred level course work at a college. The district, tribal compact school, or charter school will determine the type of credit based on the articulation agreement between the college and district, tribal compact school, or charter school;

(ii) 0.5 or 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of below one hundred level course work at a college. The district, tribal compact school, or charter school will determine the type and amount of credit for each class based on the articulation agreement between the college and district, tribal compact school, or charter school; and

(iii) 0.5 subject-specific credits will be awarded for successful completion of every five quarter or three semester hours of high school equivalency certificate course work.

(3) The district, tribal compact school, or charter school is responsible for reporting all high school credits earned by students in accordance with OSPI regulations. College transcripts and other student records requested by the district, tribal compact school, or charter school will be provided by the college or agency as needed to facilitate this process.

(4) The district, tribal compact school, or charter school will ensure that the process for awarding high school credits under this scope of work is implemented as part of its policy regarding award of credits per WAC 180-51-050 (5) and (6).

History

Statutory Authority: RCW 28A.175.010 and 28A.175.115. WSR 18-17-031, § 392-700-137, filed 8/6/18, effective 9/6/18
WSR 17-01-125, § 392-700-137, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-137, filed 7/16/15, effective 8/16/15
WSR 14-22-073, § 392-700-137, filed 11/3/14, effective 12/4/14
WSR 13-13-005, § 392-700-137, filed 6/6/13, effective 7/7/13.

Wash. Admin. Code § 392-700-147 Provision of special education, Section 504 of the Rehabilitation Act of 1973 accommodations, and transitional bilingual instructional program.

(1) The resident district is responsible for the provision of special education services in a properly formulated individualized education program (IEP) for students aged sixteen and older who have been determined eligible for special educational services, and are otherwise qualified for participation in the program. The provision of special education services by the resident district must be consistent with state and federal law pursuant to WAC 392-172A-01190, and includes the identification, evaluation, education, and placement of eligible students consistent with chapter 392-172A WAC.

(2) The resident district is responsible for the provision of accommodations in a properly formulated 504 plan for students who have been determined eligible for services related to Section 504 of the Rehabilitation Act of 1973, and are otherwise qualified for participation in the program.

(3) The resident district is responsible for the provision of services to students who are eligible for transitional bilingual services, and are otherwise qualified for participation in the program.

History

Statutory Authority: RCW 28A.175.010, 28A.175.115. WSR 17-01-125, § 392-700-147, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 13-13-005, § 392-700-147, filed 6/6/13, effective 7/7/13.

Wash. Admin. Code § 392-700-152 Statewide student assessment.

(1) All reengagement programs will ensure that students participate in the statewide assessment of student learning to fulfill the minimum requirements for high school graduation and comply with state and federal school accountability requirements.

(2) A district, tribal compact school, charter school, direct funded technical college, or educational service district that has been assigned a school code by OSPI is required to administer the required statewide assessments for each enrolled student and cohort as defined by WAC 392-700-035 (1)(c).

(3) The program staff is not required to be direct-test administrators but may act in this capacity with the approval of the district, tribal compact school, charter school, direct funded technical college, or educational service district that has been assigned a school code, which will be responsible for the appropriate training of agency or college staff.

(4) Program students will be included when calculating school and state statistics in relation to the statewide assessments.

History

Statutory Authority: RCW 28A.175.010, 28A.175.115. WSR 17-01-125, § 392-700-152, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-152, filed 7/16/15, effective 8/16/15
WSR 13-13-005, § 392-700-152, filed 6/6/13, effective 7/7/13.

Wash. Admin. Code § 392-700-155 Annual reporting calendar.

(1) For programs operated by districts, tribal compact schools, charter schools or agencies and for below one hundred level classes offered in a college-operated program, the following requirements will be met in relation to the school calendar:

(a) A school year begins September 1st and ends August 31st.

(b) The program will provide the reporting district, tribal compact school, or charter school a calendar of the school year prior to the beginning of the program's start date for that school year.

(i) The specific planned days of instruction will be identified; and

(ii) There must be a minimum of ten instructional months.

(d) The number of hours of instruction as defined in WAC 392-700-065 must meet the following criteria:

(i) The calculation for standard instructional day may not exceed six hours per day even when instruction is provided for more than six hours per day; and

(ii) The standard instructional day may not be less than two hours per day.

(e) The total planned hours of instruction for the school year:

(i) Is the sum of the instructional hours for all instructional months of the school year; and

(ii) Prior to the 2018-19 school year, must have at a minimum of nine hundred planned hours of instruction for the school year. Beginning with the 2018-19 school year, must have at a minimum of one thousand planned hours of instruction for the school year.

(2) For programs operated by colleges and for college level classes, the school year calendar shall meet the following criteria:

(a) The specific planned days of instruction will be identified; and

(b) There must be a minimum of ten instructional months.

History

Statutory Authority: RCW 28A.175.010 and 28A.175.115. WSR 18-17-031, § 392-700-155, filed 8/6/18, effective 9/6/18
WSR 17-01-125, § 392-700-155, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-155, filed 7/16/15, effective 8/16/15
WSR 14-22-073, § 392-700-155, filed 11/3/14, effective 12/4/14
WSR 13-13-005, § 392-700-155, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-155, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-160 Reporting of student enrollment.

(1) For all programs, the following will apply when reporting student enrollment for each monthly count day:

(a) Met all eligibility criteria pursuant to WAC 392-700-035;

(b) Been accepted for enrollment by the reporting district, tribal compact school, charter school, or the direct-funded technical college;

(d) For continuing students, met the attendance period requirement pursuant to WAC 392-700-015(3);

(e) For continuing students, met the weekly status check requirement pursuant to WAC 392-700-015 (25);

(f) Has not withdrawn or been dropped from the program on or before the monthly count day;

(g) Is not enrolled in course work that has been reported by a college for postsecondary funding;

(h) Is not enrolled in a high school class, including alternative learning experience, college in the high school, or another reengagement program, excluding Jobs for Washington's Graduates, special education and/or transitional bilingual instructional program;

(i) If concurrently enrolled in a special education, transitional bilingual instruction, skills center, running start, or institutional education programs, does not exceed the FTE limitation under WAC 392-121-136; and

(j) A student's enrollment in the program is limited to the following:

(i) May not exceed 1.0 FTE in any month (including nonvocational and vocational FTE). If concurrently enrolled in Jobs for Washington's Graduates, special education or transitional bilingual instructional programs, the combined FTE does not exceed 1.0 FTE in any month.

(ii) May not exceed 1.00 AAFTE in any school year as defined in WAC 392-700-015(2). If concurrently enrolled in Jobs for Washington's Graduates, special education or transitional bilingual instructional programs, the combined AAFTE does not exceed 1.0 AAFTE for the school year.

(2) For all below 100 level classes, the student enrollment is dependent upon attaining satisfactory progress.

(a) Satisfactory progress is defined as the documented attainment of at least one indicator of academic progress identified in WAC 392-700-015(16).

(b) Continuing students and returning students who, after being claimed for state funding for three count days excluding the September count day, have not earned an indicator of academic progress cannot be claimed for state funding until an indicator of academic progress is earned.

(i) During this reporting funding exclusion period, the program may permit the student to continue to attend;

(ii) When the student achieves an indicator of academic progress, the student may be claimed for state funding on the following count day; and

(iii) Rules governing the calculation of the three count day period are:

(A) The September count day is excluded from the three count day period for the indicator of academic attainment. Students whose enrollment spans over the September count day have an additional month to earn an indicator of academic progress.

(B) The three count days may occur in two different school years, if the student is enrolled in consecutive school years; and

(C) The three count days are not limited to consecutive months, if there is a break in the student being claimed for state funding.

(3) For below 100 level classes, student enrollment will be reported as 1.0 FTE on each monthly count day.

Enrollment in below 100 level classes is limited to nonvocational funding and the FTE cannot be claimed as vocational.

(4) For college level classes, student enrollment will be reported as follows:

(a) The FTE is determined by the student's enrolled credits on each monthly count day.

(i) Fifteen college credits equal 1.0 FTE;

(ii) A student enrolled in more than 15 college credits is limited to be reported as 1.0 FTE for that month; and

(iii) If a student is enrolled for less than 15 college credits, the FTE is calculated by dividing the enrolled college credits by 15.

(b) Enrollment in state approved vocational college level classes and taught by a certified vocational instructor can be claimed for enhanced vocational funding as a vocational FTE.

History

Statutory Authority: RCW 28A.150.290 and 28A.175.115. WSR 22-15-119, § 392-700-160, filed 7/20/22, effective 8/20/22. Statutory Authority: RCW 28A.175.010, 28A.175.115. WSR 17-01-125, § 392-700-160, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-160, filed 7/16/15, effective 8/16/15
WSR 14-22-073, § 392-700-160, filed 11/3/14, effective 12/4/14
WSR 13-13-005, § 392-700-160, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-160, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-165 Funding and reimbursement.

(1) OSPI shall apportion funding for an approved program to districts, tribal compact schools, charter schools, or direct funded technical colleges based upon the reported nonvocational and vocational FTE enrollment and the standard reimbursement rates. The standard reimbursement rates are the statewide average annual nonvocational and vocational rates as determined by OSPI pursuant to WAC 392-169-095.

(a) The basic education allocation funded to districts, tribal compact schools, and charter schools will be as follows:

(i) Monthly payments for the months September through December are based on estimated student enrollment projected by the district, tribal compact school, or charter school.

(ii) Beginning in January, monthly payments shall be adjusted to reflect actual student enrollment.

(b) Direct funded technical colleges will be paid quarterly pursuant to WAC 392-121-187 (7)(c).

(2) Distribution of state funding for programs is as follows:

(a) For programs directly operated by a district, tribal compact school, or charter school, the district, tribal compact school, or charter school will retain one hundred percent of the basic education allocation.

(b) For programs directly operated by a direct funded technical college pursuant to WAC 392-121-187, the technical college will retain one hundred percent of the basic education allocation.

(c) For programs operated by a college or agency under a scope of work or contracted services agreement with a district, tribal compact school, or charter school:

(i) The district, tribal compact school, or charter school may retain up to seven percent of the basic education allocation; and

(ii) The agency or college will receive the remaining basic education allocation.

(d) For programs operated as part of a consortium with a consortium lead agency:

(i) The district, tribal compact school, or charter school may retain up to five percent of the basic education allocation;

(ii) The consortium lead may retain up to seven percent of the basic education allocation; and

(iii) The operating agency or college will receive the remaining basic education allocation.

(3) Programs and districts, tribal compact school, or charter school may provide transportation for students but additional funds are not generated or provided.

(4) Students identified as eligible for K-12 transitional bilingual instruction, enrolled in a state-approved K-12 transitional bilingual instructional program pursuant to chapter 392-160 WAC, and receiving transitional bilingual instruction services on or before the monthly count day but within the last month they were claimed for transitional bilingual instruction program enhanced funding, can be claimed by the district, tribal compact school, or charter school for transitional bilingual instruction program enhanced funding for the months of September through June.

(5) Students identified as eligible for special education services and receiving special education services on or before the monthly count day but within the last month they were claimed for special education funding, can be claimed by the district, tribal compact school, or charter school for special education funding for the months of September through June.

History

Statutory Authority: RCW 28A.175.010, 28A.175.115. WSR 17-01-125, § 392-700-165, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-165, filed 7/16/15, effective 8/16/15
WSR 14-22-073, § 392-700-165, filed 11/3/14, effective 12/4/14
WSR 13-13-005, § 392-700-165, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-165, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-175 Required documentation and reporting.

(1) Student documentation:

(a) The program shall submit to the reporting district, tribal compact school, charter school, or direct funded technical college monthly the program's enrollment and maintain and make available upon request the following documentation to support the monthly enrollment claimed:

(i) Each student's eligibility pursuant to WAC 392-700-035;

(ii) Evidence of each student's enrollment requirements under WAC 392-700-160 to include:

(A) Enrollment in district, tribal compact school, charter school, or direct funded technical college;

(B) Evidence of minimum attendance period; and

(D) Evidence of weekly status check.

(iii) Case management support pursuant to WAC 392-700-085.

(b) The district, tribal compact school, charter school, agency, or college operating the program shall comply with all state and federal laws related to the privacy, sharing, and retention of student records.

(c) Access to all student records will be provided in accordance with the Family Educational Rights and Privacy Act (FERPA).

(2) CEDARS student reporting. Approved programs are responsible for submitting all required student information to OSPI in accordance with the CEDARS reporting guidance and reengagement operational instructions.

(3) Annual reporting.

(a) The program will prepare and submit an annual performance report to the district, tribal compact school, charter school, agency, or college under which the program is operating no later than October 1st.

(b) The district or direct funded technical college who reports the student enrollment for state funding will review and submit the program's annual performance report to OSPI no later than November 1st. The annual performance must be completed using the designated OSPI reporting tool.

(c)(i) The annual report will provide the previous school year's student level data:

(ii) A list of the program's enrolled students by:

(A) Gender, age, race/ethnicity;

(B) Earned credentials as defined in WAC 392-700-015(11);

(C) Attained indicators of academic progress as defined in WAC 392-700-015(15). For high school and college credit, detail the subject area;

(D) The number of months each enrolled student was claimed for state funding;

(E) The number of months each enrolled student was served;

(F) The status of each enrolled student at the end of the school year (graduated, continuing, exited by student choice, exited by program choice, or turned twenty-one during the school year).

History

Statutory Authority: RCW 28A.175.010 and 28A.175.115. WSR 18-17-031, § 392-700-175, filed 8/6/18, effective 9/6/18
WSR 17-01-125, § 392-700-175, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-175, filed 7/16/15, effective 8/16/15
WSR 14-22-073, § 392-700-175, filed 11/3/14, effective 12/4/14
WSR 13-13-005, § 392-700-175, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-175, filed 8/11/11, effective 9/11/11.

Wash. Admin. Code § 392-700-195 Longitudinal performance goals.

(1) Longitudinal performance data for the program and the statewide reengagement system as a whole will be reported through the Washington's P-20 (preschool to postsecondary and workforce) longitudinal data system maintained by the ERDC.

(2) The district, tribal compact school, or charter school will work with the agency or college to collect and report student data requested by the ERDC in order to accomplish the longitudinal follow-up of reengagement students.

(3) At the end of each school year, the ERDC will identify the cohort of students for each program for whom longitudinal tracking will be done. Standard criteria to determine when students will be included in a longitudinal study cohort will be developed by the ERDC, with input from OSPI, the district, the tribal compact school, the charter school, and program representatives and will apply to all programs.

(4) The ERDC will collect longitudinal data for each specific program cohort on an annual basis for five years. The ERDC will work with the OSPI administrator responsible for programs to prepare annual program specific reports for each cohort and an annual system-wide report for the entire reengagement system including data for the cohorts of all programs.

(5) The ERDC and OSPI will work with the district, tribal compact school, or charter school so that the district, tribal compact school, or charter school, and the agency or college will have the opportunity to review data about the program prior to the release of the annual reports in December of each year. The ERDC and OSPI will develop procedures by which the district, tribal compact school, charter school, or agency can provide supplemental information and backup documentation for review and inclusion as it relates to postsecondary or workforce engagement of specific students in the cohort.

History

Statutory Authority: RCW 28A.175.010, 28A.175.115. WSR 17-01-125, § 392-700-195, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 28A.175.100. WSR 15-15-115, § 392-700-195, filed 7/16/15, effective 8/16/15
WSR 13-13-005, § 392-700-195, filed 6/6/13, effective 7/7/13. Statutory Authority: RCW 28A.175.100 and 2010 c 20. WSR 11-17-045, § 392-700-195, filed 8/11/11, effective 9/11/11.

Chapter 392-725 College in the high school rules.

Wash. Admin. Code § 392-725-005 Authority.

The authority for this chapter is RCW 28A.600.290, which authorizes the superintendent of public instruction to adopt rules governing RCW 28A.600.290, with the state board of community and technical colleges, the student achievement council, and the public baccalaureate institutions to jointly develop rules, and with the association of Washington school principals to be consulted. The rules set forth in this chapter have been jointly developed and agreed upon by the four organizations with the council of presidents representing the public baccalaureate institutions. The rules may be modified only by agreement of the superintendent of public instruction, state board of community and technical colleges, the student achievement council, and an organization representing the interest of the public baccalaureate institutions.

History

Statutory Authority: RCW 28A.600.290. WSR 16-14-030, § 392-725-005, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-010 Purpose.

The purpose of this chapter is to set forth rules governing the college in the high school program.

History

Statutory Authority: RCW 28A.600.290. WSR 16-14-030, § 392-725-010, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-015 Definitions.

The following definitions in this section apply throughout this chapter.

(1) "College in the high school course" means a dual credit course provided on a high school campus or in a high school environment in which an eligible student is given the opportunity to earn high school credit to be awarded by a district, charter school, or tribal compact school and college credit awarded by the participating institution of higher education by completing a college course with a passing grade. College in the high school courses may be either academic or career and technical (vocational) education.

(2) "College in the high school program" means the subset of dual credit courses meeting NACEP quality standards and provided on a high school campus or in a high school environment in which an eligible student is given the opportunity to earn high school credit to be awarded by a district, charter school, or tribal compact school and college credit awarded by the participating institution of higher education by completing a college course with a passing grade.

(3) "Eligible student" means any student who meets the following conditions:

(a) The student meets the definition of an enrolled student pursuant to WAC 392-121-106.

(b) The student under the grade placement policies of the district, charter school, or tribal compact school through which the high school credits will be awarded has been deemed to be a tenth, eleventh, or twelfth grade student.

(4) "Participating institution of higher education" means an institution of higher education that:

(a) A district, charter school, or tribal compact school has contracted with to provide the college in the high school program;

(b) Meets the definition in RCW 28B.10.016, is authorized or exempt under the requirements of chapter 28B.85 RCW, or is a public tribal college located in Washington as noted in RCW 28A.600.290 (7)(a);

(d) Is accredited by National Alliance of Concurrent Enrollment Partnerships or commits to the reporting of evidence requirement outlined in WAC 392-725-120.

(5) "National Alliance of Concurrent Enrollment Partnerships" is the professional organization that works to ensure that college in the high school courses are as rigorous as courses offered on the sponsoring college campuses. National Alliance of Concurrent Enrollment Partnerships (NACEP) has defined a set of quality standards that is the basis of their accreditation process.

(6) "Council of presidents" is defined throughout this chapter as the organization representing the interest of public baccalaureate institutions, specific to RCW 28A.600.290(6).

(7) "Fees."

(a) "College in the high school fees" means the per credit or per course fee charged by the participating institution of higher education for the registration for the college course.

(i) The maximum college in the high school fee shall not exceed the college in the high school state-funded subsidies described in RCW 28A.600.290.

(ii) The college in the high school fee may be less than the college in the high school state-funded subsidies.

(iii) The institution of higher education must receive the corresponding fee for any student seeking to earn college credit from the college in the high school course in accordance with the general requirements identified in WAC 392-725-225 (2)(a) unless the student qualifies for the state-funded subsidies in accordance with WAC 392-725-325(4).

(b) "Other associated college in the high school fees" means additional fees required to fully participate in the college in the high school program charged by the participating institution of higher education such as registration fees and fees for consumables.

(8) "College in the high school state-funded subsidies" means the amount provided in the Omnibus Appropriations Act that pays the college in the high school fee for specific eligible eleventh or twelfth grade students pursuant to RCW 28A.600.290 (1)(b)(i) only and for the limited amount provided in WAC 392-725-325(2).

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-015, filed 5/31/19, effective 7/1/19
WSR 17-21-001, § 392-725-015, filed 10/5/17, effective 11/5/17
WSR 16-14-030, § 392-725-015, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-050 Local agreement requirement.

Prior to the start of the college in the high school program(s), a local agreement between the district, charter school, or tribal compact school and the participating institution of higher education must be developed and in place. The agreement shall be for no more than one school year, meet the district, charter school, or tribal compact school's board policies and the policies of the institution of higher education regarding contracting agreements, and address the following requirements:

(1) List of college in the high school courses.

(2) College in the high school student standards pursuant to WAC 392-725-130 will be met.

(3) College in the high school curriculum and assessment standards pursuant to WAC 392-725-140 will be met.

(4) College in the high school faculty standards pursuant to WAC 392-725-150 will be met.

(5) College in the high school evaluation standards pursuant to WAC 392-725-160 will be met.

(6) College in the high school partnership standards pursuant to WAC 392-725-170 will be met.

(7) Award of high school credits pursuant to WAC 392-725-200 will be met.

(8) District, charter school, or tribal compact school's responsibilities for offering college in the high school program.

(9) Institution of higher education's fee amount per college credit or per college course and a description and amount of other associated college in the high school fees.

(10) Course materials including, but not limited to, textbooks for each college in the high school course, and which party will be responsible to provide.

(11) Provide an explanation of how any compensation paid to the instructor for work performed beyond their contract with the district, charter school, or tribal compact school will be calculated and provide details of what duties the compensation represents.

(12) Method and collection of college in the high school fee and other associated college in the high school fees.

(13) Districts, charter schools, tribal compact schools, and institutions of higher education shall as necessary assure compliance with their respective duties under federal and state law.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-050, filed 5/31/19, effective 7/1/19
WSR 16-14-030, § 392-725-050, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-120 Demonstration and reporting of evidence of required college in the high school standards.

(1) Participating institutions of higher education shall, unless exempt under subsection (3) of this section, provide evidence that they meet the current NACEP student, curriculum, assessment, faculty, partnership, and evaluation standards as described in WAC 392-725-130 through 392-725-170.

(2) Upon program completion, participating institutions of higher education shall submit to the college in the high school standards report review committee evidence that the required standards were met, or receive accreditation, no later than the subsequent July 1st.

(3) Participating institutions of higher education that are accredited by the NACEP for the current year of enrollment will be exempt from the reporting requirement outlined in subsection (2) of this section.

(4) Institutions of higher education in the process of applying for NACEP accreditation are required to provide evidence in accordance with subsection (2) of this section.

(5) The Washington student achievement council shall be the convener of a college in the high school standards report review committee. This review committee will consist of a representative from the state board of community and technical colleges, the council of presidents, and the student achievement council. Additional members may be included at the discretion of college in the high school standards report review committee.

(6) By the subsequent August 15th, the review committee will complete a review of participating institutions of higher education. The review committee will advise the institution of higher education whether the required standards have been met.

(7) Institutions of higher education that meet the required standards:

(a) Are eligible to offer the college in the high school program the following two academic years; and

(b) Must provide evidence in accordance with this section every other year beginning with the year in which they first meet the standards as determined by the review committee.

(8) If the review committee finds that the institution of higher education's evidence of meeting the required standards is not satisfactory, the institution of higher education will have until the subsequent October 15th to make any necessary reporting corrections and/or program adjustments to provide evidence of meeting outlined standards.

(9) The review committee will complete a final review of participating institutions of higher education no later than November 1st. The review committee will advise the institution of higher education whether the required standards have been met.

(10) If after the final review, the review committee deems that the standards were not met, then the institution of higher education is ineligible to offer the college in the high school program the following academic year.

(11) An institution of higher education may regain eligibility to offer the college in the high school program by providing evidence that they meet the current NACEP student, curriculum, assessment, faculty, partnership, and evaluation standards unless exempt in WAC 392-725-130 through 392-725-170 for the following state review cycle.

(12) The review committee will review the NACEP standards beginning in 2019 and every three years thereafter, and update the college in the high school standards in WAC 392-725-130 through 392-725-170 as informed by the current NACEP standards and feedback from participating school districts, charter schools, tribal compact schools, and institutions of higher education.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-120, filed 5/31/19, effective 7/1/19
WSR 17-21-001, § 392-725-120, filed 10/5/17, effective 11/5/17
WSR 16-14-030, § 392-725-120, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-130 College in the high school student standards.

(1) Participating institutions of higher education shall:

(a) Ensure registration and transcription policies and practices for students are consistent with those on campus.

(b) Ensure there is a process to meet the course prerequisites of the institution of higher education.

(c) Ensure students are advised about the benefits and implications of taking college courses, as well as the institution of higher education's policies and expectations.

(d) Provide, in conjunction with secondary partners, students with suitable access to learning resources and student support services.

(2) Participating institutions of higher education, not accredited by the NACEP for the current year of enrollment, shall provide evidence of meeting the required student standards of this section.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-130, filed 5/31/19, effective 7/1/19
WSR 16-14-030, § 392-725-130, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-140 College in the high school curriculum and assessment standards.

(1) Participating institutions of higher education shall:

(a) Ensure college in the high school courses are catalogued courses with the same departmental designations, course descriptions, numbers, titles, and credits.

(b) Ensure college in the high school courses reflect the learning objectives, and the pedagogical, theoretical and philosophical orientation of the respective institution of higher education discipline.

(c) Faculty liaisons conduct site visits to observe course content and delivery, student discourse and rapport to ensure the course offered through the college in the high school program are equivalent to the courses offered on campus.

(d) Ensure students' proficiency of learning outcomes is measured using comparable grading standards and assessment methods to on campus sections.

(2) Participating institutions of higher education, not accredited by NACEP for the current year of enrollment, shall provide evidence of meeting the required curriculum and assessment standards of this section.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-140, filed 5/31/19, effective 7/1/19
WSR 16-14-030, § 392-725-140, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-150 College in the high school faculty standards.

(1) Participating institutions of higher education shall require that:

(a) Instructors providing the college in the high school instruction in the high school classroom are approved by the appropriate college/university academic leadership and meet the minimum qualifications for instructors teaching the course on the college campus.

(b) Faculty liaisons at the institution of higher education provide all new instructors with course-specific training in course philosophy, curriculum, pedagogy and assessment prior to the instructor teaching the course.

(c) Instructors participate in college/university provided annual discipline-specific professional development and ongoing collegial interaction to further enhance instructors' pedagogy and breadth of knowledge in the discipline.

(d) Instructors are informed of and adhere to program policies and procedures.

(2) Participating institutions of higher education, not accredited by NACEP for the current year of enrollment, shall provide the evidence of meeting the required faculty standards of this section.

(3) Any compensation paid to the instructor by the institution of higher education must be for work performed beyond their contract with the district, charter school, or tribal compact school.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-150, filed 5/31/19, effective 7/1/19
WSR 16-14-030, § 392-725-150, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-160 College in the high school evaluation standards.

(1) Participating institutions of higher education shall:

(a) Conduct an end-of-term student course evaluation for each college in the high school course section offered through the institution of higher education to provide instructors with student feedback.

(b) Conduct and report regular and ongoing evaluations of the college in the high school program effectiveness and use the results for continuous improvement.

(2) Participating institutions of higher education, not accredited by NACEP for the current year of enrollment, shall provide the evidence of meeting the evaluation required standards of this section.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-160, filed 5/31/19, effective 7/1/19
WSR 16-14-030, § 392-725-160, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-170 College in the high school partnership standards.

(1) Participating institutions of higher education shall:

(a) Ensure alignment with the college/university mission and support by the institution's administration and academic leadership.

(b) Show ongoing collaboration with the secondary school partners.

(2) Participating institutions of higher education, not accredited by National Alliance of Concurrent Enrollment Partnerships for the current year of enrollment, shall provide the evidence of meeting the evaluation required standards of this section.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-170, filed 5/31/19, effective 7/1/19.

Wash. Admin. Code § 392-725-200 Confirmation of high school credit.

The eligibility of the college in the high school courses which the student intends to take for the award of high school credit and the amount of such credit shall be established, as follows:

(1) The district, charter school, or tribal compact school shall establish on a course by course basis the amount of high school required or elective credit, or combination thereof, that shall be awarded for each college in the high school course. Successful course completion by the student based upon the conversion rate set forth in RCW 28A.230.090(6) which states "At the college or university level, five quarter or three semester hours equals one high school credit." This conversion rate holds true for all college in the high school classes regardless of whether or not the student elects to earn the available college credit.

(2) If a college in the high school course is not comparable to a district, charter school, or tribal compact school's specific course required for high school graduation, the district, charter school, or tribal compact school superintendent shall determine the amount of required high school credit which shall be awarded following consultation with a representative of the institution of higher education designated for that purpose. The difference between the amount of credit required ascribed to that course and the amount of credit earned at the conversion rate set forth in RCW 28A.230.090(6) shall be awarded as elective credit.

(3) Within five school days of a student's request for confirmation of credit, the district, charter school, or tribal compact school superintendent or other designated representative shall confirm in writing the amount of high school required or elective credit, or combination thereof, which shall be awarded upon successful completion of the college in the high school course.

(4) Upon confirmation by the college in the high school instructor of a student's successful completion of a college in the high school course under this chapter, the district, charter school, or tribal compact school shall record on the student's secondary school records and transcript the high school credit previously confirmed under the section with a notation that the courses were taken at an institution of higher education pursuant to WAC 392-415-070.

(5) Each district, charter school, or tribal compact school and institution of higher education shall independently have and exercise exclusive jurisdiction over academic and discipline matters involving a student's enrollment and participation in courses of, and the receipt of services and benefits from the district, charter school, tribal compact school or the institution of higher education.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-200, filed 5/31/19, effective 7/1/19
WSR 17-21-001, § 392-725-200, filed 10/5/17, effective 11/5/17
WSR 16-14-030, § 392-725-200, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-225 College in the high school general requirements.

(1) Participating districts, charter schools, or tribal compact schools must provide general information about the college in the high school program to all students in grades nine through twelve and to the parents and guardians of those students.

(2) The enrollment of a student who meets the definition of WAC 392-725-015(2) in the college in the high school program shall be governed as follows:

(a) An eligible student seeking to earn college credit is responsible for enrolling into an institution of higher education on or before the deadline established by the institution of higher education.

(b) An eligible student is entitled to enroll in an institution of higher education for college in the high school program purposes subject to each of the following conditions and limitations:

(i) Enrollment is limited to college courses.

(ii) Prior confirmation pursuant to WAC 392-725-200 by the district, charter school, or tribal compact school of the amount of high school credit to be awarded for a college in the high school course on or before the deadline for enrollment established by the institution of higher education.

(iii) Acceptance of the student by the institution of higher education subject to enrollment requirements and limitations established by the institution.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-225, filed 5/31/19, effective 7/1/19
WSR 17-21-001, § 392-725-225, filed 10/5/17, effective 11/5/17
WSR 16-14-030, § 392-725-225, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-235 Co-delivery of college in the high school courses.

(1) In cases where a college in the high school course is co-delivered with another dual credit course, such as advanced placement, international baccalaureate, or Cambridge international, the participating institution of higher education, in coordination with the institution's academic department, shall assess curriculum alignment and approve the option to provide a co-delivered course.

(2) In cases where a college in the high school course is co-delivered with another dual credit course, the high school transcript shall reflect the co-delivered courses as follows:

(a) The course title as listed on the high school transcript shall begin with the institute of higher education's curriculum and course number, as described in the office of superintendent of public instruction CEDARS manual.

(b) Any additional course title description for a co-delivered college in the high school course title shall be included pursuant to WAC 392-415-070.

Official course abbreviations for advanced placement, international baccalaureate and Cambridge international shall be included on the high school transcript as listed in appendix Q of the office of superintendent of public instruction CEDARS manual.

(c) For approved co-delivered courses, as provided in subsection (1) of this section, the high school transcript course title and course designators may reflect two dual credit programs in cases where students have met any required prerequisites or other entrance requirements for both programs.

(3) Students choosing to enroll in a co-delivered college in the high school course for the purpose of earning college credit must meet the college in the high school enrollment requirements outlined in WAC 392-725-225(2).

History

Statutory Authority: RCW 28A.600.290. WSR 17-21-001, § 392-725-235, filed 10/5/17, effective 11/5/17.

Wash. Admin. Code § 392-725-250 Transferability of college credit.

(1) College in the high school programs may include both academic and career and technical education. The college credit shall be applied at institutions of higher education toward:

(a) General education requirements; or

(b) Degree requirements.

(2) A college in the high school course has the same transferability as its equivalent course on the college campus. Some courses including career and technical education courses may not meet specific general education and/or degree requirements.

History

Statutory Authority: RCW 28A.600.290. WSR 16-14-030, § 392-725-250, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-300 Finance.

(1) Districts, charter schools, and tribal compact schools claim the college in the high school courses for basic education funding based on the course's average enrolled weekly minutes pursuant to WAC 392-121-122. Courses that qualify for vocational enhanced funding can be claimed pursuant to WAC 392-121-138.

(2) The participating institution of higher education receives college in the high school fees as defined in WAC 392-725-015 (7)(a) and other associated college in the high school fees for eligible students as defined in WAC 392-725-015 (7)(b). The amount and method of collection of these fees shall be outlined in local agreement.

(3) For college in the high school courses that qualify for state funded subsidies as defined in WAC 392-725-015(8) and based on the per student limitations provided in WAC 392-725-325(2), these subsidies are provided in lieu of college in the high school fees as defined in WAC 392-725-015 (7)(a).

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-300, filed 5/31/19, effective 7/1/19
WSR 16-14-030, § 392-725-300, filed 6/27/16, effective 7/28/16.

Wash. Admin. Code § 392-725-325 College in the high school state funded subsidies.

Pursuant to RCW 28A.600.290, state funded subsidies may be available to pay the cost of college in the high school fees for specific eligible eleventh or twelfth grade students only enrolled in college in the high school courses provided by institutions of higher education that meet the definition in RCW 28B.10.016, or a public tribal college located in Washington as noted in RCW 28A.600.290 (7)(a), and for the limited amount provided in subsection (2) of this section. Public institutions of higher education that are outside of the state of Washington or private institutions of higher education do not qualify for the state funded subsidies.

(1) Prioritization of the available college in the high school state-funded subsidies will be allocated as provided under RCW 28A.600.290.

(2) Limitation of college in the high school state-funded subsidies are provided under RCW 28A.600.290.

(3) The office of superintendent of public instruction will provide an application process that districts, charter schools, and tribal compact schools will use to apply annually for the college in the high school state-funded subsidies.

(a) Districts, charter schools, and tribal compact schools will apply by July 1st for the new school year's subsidies.

(b) The office of superintendent of public instruction will notify districts, charter schools, and tribal compact schools by September 1st the amount of subsidies awarded for the new school year.

(c) Through the application process, districts, charter schools, and tribal compact schools will provide a list of college in the high school courses per high school for the new school year. The award of subsidies will be limited to the courses provided in the application and subsequent course/enrollment updates.

(d) The list of college in the high school courses will contain the amount of college quarter credits awarded for each course. For this section only, college semester credits will be converted into quarter credits by multiplying the semester credits by 1.5 and rounding up to the nearest whole credit.

(e) Districts, charter schools, and tribal compact schools will provide an estimate of eligible students expected to receive the subsidies within the per student credit limitation provided in the Omnibus Appropriations Act.

(4) High schools may submit changes to the course offering list, and/or update estimate of eligible eleventh and twelfth grade students expected to qualify for subsidy. A school may submit no more than three updates per academic year.

(a) Updated requests cannot exceed original subsidy award.

(b) Additional funds may be awarded to a school that has reached its maximum award only if other schools have failed to use their original subsidy amount.

(5) High schools participating in the college in the high school subsidy will report actual student participation counts at the midpoint of each high school term to the office of superintendent of public instruction. Failure to provide participant counts may result in the school's loss of future subsidies for the current academic year.

(6) Reimbursement of the college in the high school state-funded subsidies will occur as follows:

(a) College in the high school state-funded subsidies for college in the high school will be allocated at minimum sixty-five dollars per quarter credits.

(b) Starting with the 2019 calendar year, and every four years after, the funding level for the college in the high school state-funded subsidies will be reviewed by the office of superintendent of public instruction, the student achievement council, the state board for community and technical colleges, and the council of presidents representing the public baccalaureate institutions and a recommendation will be made to the legislature when an increase to the funding level of the college in the high school state funded subsidies is warranted.

(d) Districts, charter schools, and tribal compact schools with high schools eligible for the college in the high school state-funded subsidies will submit a request for payment of subsidies form to the office of the superintendent of public instruction. The request for payment will include the actual number of completed credits for eligible eleventh and twelfth grade students who have not exceeded the credit limitation pursuant to subsection (2) of this section.

(e) The office of the superintendent of public instruction will review the request for payment of subsidies form and fund the reporting district, charter school, and tribal compact school one hundred percent of the approved college in the high school subsidies on the following monthly apportionment payment.

(f) One hundred percent of the subsidies generated will be forwarded to the participating institution of higher education that provided the college in the high school program.

History

Statutory Authority: RCW 28A.600.290. WSR 19-12-049, § 392-725-325, filed 5/31/19, effective 7/1/19
WSR 17-21-001, § 392-725-325, filed 10/5/17, effective 11/5/17
WSR 16-14-030, § 392-725-325, filed 6/27/16, effective 7/28/16.

Chapter 392-800 State-tribal education compact schools.

Wash. Admin. Code § 392-800-805 Authority.

The authority for this chapter is RCW 28A.715.010, which authorizes the superintendent of public instruction to adopt such rules as are necessary to implement chapter 28A.715 RCW, chapter 242, Laws of 2013.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-805, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-810 Purpose.

The purposes of this chapter are to:

(1) Implement chapter 28A.715 RCW;

(2) Set forth policies and procedures for initiating the process of establishing state-tribal education compacts in the state of Washington;

(3) Define the roles and responsibilities of the superintendent of public instruction and eligible federally recognized tribes and Bureau of Indian Affairs (BIE) schools in establishing state-tribal education compacts; and

(4) Establish accountability standards that are applicable to all schools that are the subject of state-tribal education compacts.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-810, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-815 Definitions.

As used in this chapter:

(1) The term "eligible Indian tribe" means any American Indian tribe in the state of Washington that is federally recognized and included as such on the official publications of the Washington state governor's office of Indian affairs;

(2) The term "BIE school" means a school in Washington state that was funded by the BIE in 2013, whether directly or through a contract with an Indian tribe or tribal consortium;

(3) The term "compact school" means a school that is:

(a) The subject of a state-tribal education compact that is approved and executed in accordance with this chapter; and

(b) Operated according to the terms of a state-tribal education compact.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-815, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-820 Policy.

(1) The state-tribal compacts affirm the state's commitment to honor the government-to-government relationship between the state and tribes by empowering tribes to take greater responsibility for improving the educational achievement outcomes for tribal students.

(2) Compact schools are exempt from all state statutes and rules applicable to school districts and school district boards of directors, except these statutes and rules made applicable under chapter 28A.715 RCW and the state-tribal compacts executed in accordance with this chapter.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-820, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-825 Application—Approval process—Timeline.

(1) Beginning in February 2014, eligible federally recognized tribes or BIE schools may apply to the superintendent of public instruction to initiate negotiations to enact a state-tribal education compact.

(2) Federally recognized tribes or BIE schools seeking approval of a state-tribal education compact must submit the application to the superintendent of public instruction by February 1st of the school year preceding the year in which the federally recognized tribes or BIE school seeks to commence operation of a compact school.

(3) The application must be hand delivered or mailed to the superintendent of public instruction at the following address:

Superintendent of Public Instruction

600 Washington Street S.E.

P.O. Box 47200

Olympia, WA 98504

(4) Within ninety days of his or her receipt of the application, the superintendent of public instruction will convene a government-to-government meeting for the purpose of considering the application and initiating negotiations.

(5) The superintendent of public instruction will approve or disapprove state-tribal education compact applications no later than April 15th of the school year, as defined by WAC 392-121-031, in which the federally recognized tribe or BIE school intends to commence operation of a compact school. The superintendent of public instruction's approval or disapproval of the application shall constitute final agency action.

(6) State-tribal education compacts must be executed by the superintendent of public instruction and the federally recognized tribe or BIE school governing body on or before June 30th prior to the operation of a compact school commences.

History

Statutory Authority: RCW 28A.715.010. WSR 15-11-079, § 392-800-825, filed 5/19/15, effective 6/19/15. Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-825, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-830 Application—Content.

(1) A state-tribal education compact application must include the following:

(a) A resolution by the federally recognized tribe or BIE school's governing body authorizing the federally recognized tribe or BIE school to submit an application pursuant to this chapter;

(b) The grade or grades from kindergarten through twelve that will be offered;

(c) The school year in which the federally recognized tribe or BIE school intends to commence operation of a compact school; and

(d) A description of the educational program that will be offered at the compact school, which must include:

(i) The school's vision and mission;

(ii) The school's program design, including a description of how the school will improve culturally responsive and academic needs of students;

(iii) The school's curriculum and instruction framework;

(iv) Student performance standards/targets;

(v) The school's assessment plan, including a design of evaluation of the proposed program that will produce quantifiable results which will be used to determine the success of the program in meeting intended outcomes including, but not limited to, increased student achievement;

(vi) For high schools, the school's graduation requirements;

(vii) The school calendar;

(viii) An overview of supplemental programs offered at the school;

(ix) An overview of the programs offered for special populations, including students eligible for special education and English language learners;

(x) The school's discipline plan;

(xi) The school's community engagement plan;

(xii) The school's operations plan and governance structure;

(xiii) The school's personnel plan, including how identified personnel will be utilized to complete the tasks and achieve the program's objectives;

(xiv) The school's facilities plan;

(xv) The school's transportation plan;

(xvi) The school's financial plan and fiscal structure;

(xvii) The school's plan to conduct background checks for school personnel; and

(xviii) The school's safety plan.

(2) The application must demonstrate that the compact school will be operated in compliance with all applicable laws.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-830, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-835 Application—Assurances.

State-tribal compact applications must include the following assurances:

(1) The compact school will provide a curriculum and conduct an educational program that satisfies the requirements of RCW 28A.150.200 through 28A.150.240 and 28A.230.010 through 28A.230.195;

(2) The compact school will employ certified instructional staff as required in RCW 28A.410.010; however, such schools may hire noncertificated instructional staff of unusual competence and in exceptional cases as specific in RCW 28A.150.230;

(3) The compact school will comply with employee record checks requirements in RCW 28A.400.320, and mandatory termination and notification provisions of RCW 28A.400.320, 28A.400.330, 28A.405.470, and 28A.405.475;

(4) The compact school will comply with nondiscrimination laws;

(5) The compact school will adhere to generally accepted accounting principles and be subject to financial examinations and audits as determined by the state auditor, including annual audits for legal and fiscal compliance;

(6) The compact school will be subject to and comply with legislation enacted after the effective date of the sections governing the operation and management of schools that are the subject of a state-tribal education compact;

(7) The compact school will comply with all applicable federal laws such as the Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Educational Act (IDEA), and the Elementary and Secondary Education Act (ESEA) programs, as applicable;

(8) The compact school will not engage in any sectarian practices in its educational program, admission or employment policies, or operations;

(9) The compact school will not charge tuition, except to the same extent school districts may be permitted to do so with respect to out-of-state and adult students pursuant to chapter 28A.225 RCW, but may charge fees for participation in optional extracurricular events and activities;

(10) The compact school will not limit admission on any basis other than age group, grade level, or capacity and must otherwise enroll all students who apply, provided that the compact school may prioritize the enrollment of tribal members and siblings of already enrolled students;

(11) The compact school will report student enrollment data in the same manner and use the same definitions of enrolled students and average full-time equivalent enrollment as required of a school district;

(12) The compact school will adhere to the statewide assessment process;

(13) The compact school will adhere to the student data reporting requirements provided in WAC 392-117-020 and 392-117-038.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-835, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-840 Funding.

(1) Funding for a school that is the subject of a state-tribal education compact shall be apportioned by the superintendent of public instruction according to the schedule established under RCW 28A.510.250, including general apportionment; special education, categorical, and other nonbasic education moneys.

(2) Allocations for certificated instructional staff must be based on the average staff mix ratio of the school, as calculated by the superintendent of public instruction, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the Omnibus Appropriations Act.

(3) Allocations for classified staff and certificated administrative staff must be based on the salary allocations of the school district in which the school is located, subject to conditions and limitations established by the Omnibus Appropriations Act.

(4) Nothing in this section requires a school that is subject to a state-tribal education compact to use the statewide salary allocation schedule.

(5) Any moneys received by a school that is subject to a state-tribal education compact from any source that remain in the school's accounts at the end of any budget year, must remain in the school's accounts for use by the school during subsequent years.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-840, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-845 Timeline for start-up and renewal.

Once a compact has been approved and executed it will remain in effect for at least three years, provided all terms and conditions of the state-tribal education compact have been met. The compact may be renewed for at least another three years or a time agreed to in the negotiated compact, after a review and approval process, at which time the existing compact will be continued, or a newly negotiated compact will be established. The renewed or revised compact will continue as agreed upon and will subsequently be reviewed in five-year increments.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-845, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-850 Technical assistance and support.

The state superintendent of public instruction welcomes requests for technical assistance to entities requesting a state-tribal education compact.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-850, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-855 Evaluation and effectiveness review.

An annual evaluation of the impact of state-tribal compact on the academic success of native K-12 students is required. Student academic growth data and high school graduation data must be collected and reported to the superintendent of public instruction by August 1st annually.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-855, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-860 Accountability.

Compact schools must calculate and report federal and state school district accountability in a manner consistent with all other public schools in the state. Accountability for compact schools that are also Bureau of Indian Education (BIE) schools will be determined by the BIE.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-860, filed 1/22/14, effective 2/22/14.

Wash. Admin. Code § 392-800-865 Compact termination.

(1) Eligible federally recognized tribes, BIE schools, and the superintendent of public instruction may terminate state-tribal compacts in accordance with the provisions for compact termination provided for in the compact.

(2) The following process shall govern the superintendent of public instruction's termination of a state-tribal education compact:

(a) The superintendent of public instruction or his or her designee will notify the governing body of the federally recognized tribe or BIE school of the superintendent of public instruction's intent to terminate the compact. The notification will be in writing and will state with specific reasons the superintendent of public instruction believes the compact should be terminated. In the event the superintendent of public instruction believes the compact should be terminated for cause, the notification will identify:

(i) The compact term, condition, or assurance that the superintendent of public instruction believes the compact school has violated; and

(ii) The evidence indicating that the compact term, condition, or assurance has been violated.

(b) The notification will invite the federally recognized tribe or BIE school to participate in a government-to-government meeting for the purpose of discussing the alleged violation and, if appropriate, engage in dispute resolution in accordance with the terms of the compact.

History

Statutory Authority: RCW 28A.655.061 and 655.065 [28A.655.065]. WSR 14-04-001, § 392-800-865, filed 1/22/14, effective 2/22/14.

Chapter 392-900 Pilot grant programs.

Wash. Admin. Code § 392-900-010 Authority.

This chapter is adopted pursuant to RCW 28A.525.020, which authorizes the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of state funding assistance to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state funding assistance for school facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, 28A.525.162 through 28A.525.178.

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-010, filed 9/30/16, effective 10/31/16.

Wash. Admin. Code § 392-900-020 Purpose.

The purpose of this chapter is to set forth provisions applicable to approval of STEM pilot project grants and K-3 class size reduction grants as provided for in sections 5026 and 5028, chapter 3, Laws of 2015 3rd sp. sess. (2EHB 1115 (2015)).

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-020, filed 9/30/16, effective 10/31/16.

Wash. Admin. Code § 392-900-030 Eligibility.

Eligibility for school construction assistance program funding through the STEM grant program will be based on a school district's ability to demonstrate a lack of sufficient space for science classrooms and labs to enable students to meet Washington state graduation requirements. The STEM grant award will constitute the district's local funding for purposes of eligibility for the school construction assistance program under RCW 28A.525.166.

Eligibility for the K-3 class size reduction grant program will be based on a school district's ability to demonstrate a need for additional K-3 classrooms as outlined in chapter 41, Laws of 2015, 3rd sp. sess. (2ESSB 6080 (2015)), with consideration of planned schools approved at the D-6 stage of the school construction assistance program. The K-3 class size reduction grant award may not constitute local funding in the school construction assistance program under RCW 28A.525.166.

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-030, filed 9/30/16, effective 10/31/16.

Wash. Admin. Code § 392-900-040 Funding assistance percentage.

(1) The state funding assistance percentage for the STEM pilot program is the computed state ratio defined in RCW 28A.525.166 plus twenty percent of the percent of district head count eligible and enrolled in the district's free and reduced school meal program, plus the following additional percentage points:

(a) Ten for second class school districts;

(b) Ten for school districts with funding assistance percentages of more than fifty percent.

(2) The enhanced funding assistance percentage for the K-3 class size reduction grant program is the computed state ratio defined in RCW 28A.525.166 plus twenty percent of the percent of district head count eligible and enrolled in the free and reduced school meal program.

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-040, filed 9/30/16, effective 10/31/16.

Wash. Admin. Code § 392-900-050 Construction cost allocation (CCA).

The eligible construction cost in the STEM grant program shall be calculated by multiplying the approved square foot area of the projects as set forth in WAC 392-900-040 by the construction cost allocation as set forth in WAC 392-343-060.

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-050, filed 9/30/16, effective 10/31/16.

Wash. Admin. Code § 392-900-060 Eligible square footage.

(1) Eligible area for STEM pilot projects is one thousand four hundred forty square feet per science lab or classroom combination, or both; and one thousand forty square feet per science classroom. The total eligible area per STEM project must not exceed fifteen thousand eight hundred forty.

(2) Additional square footage funded through the STEM grant program will be excluded from the school district's inventory of instructional space as defined in WAC 392-343-019 for determining eligibility for state assistance until the date of the final review of the latest study and survey of the affected school district following acceptance of the project by the school district board of directors, or for a period of five years, whichever is earliest.

(3) Permanent additional square footage funded through the K-3 class size reduction grant program becomes part of a school district's inventory of instructional space for determining eligibility as defined in WAC 392-343-019 and shall be ineligible for state funding assistance for modernization for thirty years as described in WAC 392-347-015(4).

(4) Districts receiving funding through K-3 class size reduction grants may modernize facilities that were previously closed pursuant to WAC 392-347-042. Upon board acceptance of completion of the modernization project, the facility will be returned to the district's instructional inventory.

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-060, filed 9/30/16, effective 10/31/16.

Wash. Admin. Code § 392-900-070 Process requirements.

(1) Prior to STEM grant award finalization, the following documents and information will be required to be submitted to the office of the superintendent of public instruction:

(a) School board resolution for new-in-lieu facilities, as provided in WAC XXX-XX-XXX (if applicable);

(b) Intent to construct school board resolution;

(d) Certification letter from school district that any excess project costs above STEM grant award and enhanced state assistance funding will be expended from local sources.

(2) Upon completion of all STEM projects, the following shall be submitted to the office of the superintendent of public instruction:

(a) Certified letter from architect verifying final gross square footage of project; and

(b) Final acceptance of completion of the project or facility school board resolution.

(3) Prior to K-3 grant awards being finalized, the following documents and information will be required to be submitted to the superintendent of public instruction:

(a) Five-year use/thirty-year life board resolution per WAC 392-347-030 and 392-347-015;

(b) School board resolution certifying that the district will submit the required documentation of subsection (4) of this section;

(d) Certification that the school district has an available site(s) for the project(s) if the total project cost exceeds the state grant amount;

(e) Certification that additional classrooms will achieve progress towards the reduction of the average class size objectives provided for in the 2017-18 school year and enumerated in RCW 28A.150.260, and all-day kindergarten as funded pursuant to RCW 28A.150.315.

(4) Upon completion of each K-3 class size reduction grant project, the following shall be submitted to the superintendent of public instruction:

(a) Name of school facility;

(b) Number of classrooms added, renovated or modernized;

(d) Total project budget amount (construction and other related direct project costs);

(e) Final construction contract amount;

(f) Site plan;

(g) Floor plan(s);

(h) Area analysis per WAC 392-343-040;

(i) If applicable, high-performance scorecard and credit cost analysis (chapter 39.35D RCW);

(j) If applicable, high-performance ELCCA executive summary (chapter 39.35D RCW);

(k) If applicable, apprenticeship reporting documentation (RCW 39.04.320); and

(l) Final acceptance of completion school board resolution.

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-070, filed 9/30/16, effective 10/31/16.

Wash. Admin. Code § 392-900-080 State funded combination projects.

Eligible STEM grant projects that are undertaken in conjunction with another school construction assistance program project must follow all applicable requirements defined in chapters 392-342 through 392-347 WAC. State construction assistance funding and STEM grant awards for eligible area within the STEM grant project will be calculated separately in accordance with this chapter.

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-080, filed 9/30/16, effective 10/31/16.

Wash. Admin. Code § 392-900-090 Waiver of rules to facilitate pilot grant programs.

Subject to factual determinations by the superintendent of public instruction, the provisions of chapters 392-341 through 392-347 WAC which supplement statutory requirements are hereby deemed waived to the extent any provision would prevent or delay the implementation of legislative allocations, grant programs or pilot grant programs.

History

Statutory Authority: RCW 28A.525.020. WSR 16-20-056, § 392-900-090, filed 9/30/16, effective 10/31/16.

Chapter 392-902 School seismic safety grant program.

Wash. Admin. Code § 392-902-005 Purpose and authority.

This chapter is adopted pursuant to RCW 28A.525.320 to establish policies and procedures governing the school seismic safety grant program.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-005, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-010 School seismic safety—Eligibility.

Buildings must meet the eligibility requirements in accordance with RCW 28A.525.320(2). Projects seeking funding under RCW 28A.525.320 are limited to the following project types:

(1) Seismic structural retrofits. Seismic structural retrofits are defined as projects which make minor or major structural modifications. The project scope can include an entire facility or one or more complete buildings within a facility for which the estimated cost of major structural change is less than 40 percent of the estimated cost of replacement. The estimated cost of replacement shall be derived from multiplication of the total gross square foot area of the facility or facilities proposed for modernization by the construction cost allocation for the fiscal year funded as defined in WAC 392-343-060.

(2) Seismic modernization projects. Seismic modernization projects are defined as school district projects which meet the requirements under chapter 392-347 WAC, except for those under WAC 392-347-015(4). State tribal education compact school projects are required to make major modifications to a school facility or building which cost more than 40 percent of the estimated cost of replacement of the school facility or building. The estimated replacement cost shall be computed under the provisions of subsection (1) of this section.

(3) Vertical evacuation towers. Vertical evacuation towers are defined as projects which create a vertical structure which provides an evacuation facility that is intended to serve as a safe haven from a tsunami until imminent danger has passed. The school seismic safety advisory committee may advise the office of superintendent of public instruction on proposed structures to ensure they meet the definition of a vertical evacuation tower.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-010, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-020 Building inventory and condition data.

School districts and state tribal education compact schools seeking seismic grant funding under RCW 28A.525.320 are required to submit building inventory and condition data for the facility, building, or structure into the information and condition of schools data system, which are included in the proposed project applying for planning grant funding to perform a seismic retrofit or relocation outside of a tsunami design zone. The superintendent of public instruction or their designee will determine the inventory and condition data to be submitted, including any necessary assessments.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-020, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-030 School seismic safety planning grants.

School districts and state tribal education compact schools are required to have the following items completed and reported to the office of superintendent of public instruction prior to an award of a school seismic safety planning grant:

(1) School districts and state tribal education compact schools requesting funding for a planning grant for funding from the school seismic safety grant program are required to provide the following:

Updated inventory of school site acreage, and square feet data required by the office of superintendent of public instruction of the existing school facility to be retrofitted, modernized, or relocated outside of a tsunami zone. This information is required to be entered into the office of superintendent of public instruction's information and condition of schools data system.

(2) Other information required by the school seismic safety advisory committee to qualify for a planning grant.

The office of superintendent of public instruction will award planning grant funding to school districts and state tribal education compact schools to hire professional services to assist them in providing the required planning information needed by the school seismic safety advisory committee to prioritize grant funding. Grant award notifications will identify funding allowances allocated for specific tasks and requirements and will be allocated in phases. Grant amounts will be determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee.

Seismic phase one grants. Seismic phase one grants will be provided to a school district or state tribal education compact school to perform needed geotechnical engineering investigations prior to design or construction of projects authorized by RCW 28A.525.320. Grant funding will be provided for project management, a site survey, and other necessary professional services determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee. The school seismic safety advisory committee must recommend approval of the geotechnical investigation report findings before a phase two grant can be awarded.

Seismic phase two grants. Seismic phase two grants awarded to a school district or state tribal education compact school will provide funding to develop concepts for needed seismic retrofits, seismic modernizations, or vertical evacuation structures prior to the design or construction of projects authorized by RCW 28A.525.320. Concept requirements will be determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee. Grant funding will be provided for project management and other necessary professional services determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee.

Concepts as part of a phase two planning grant will be evaluated and approved by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee. If a concept is not approved, a revised concept will need to be submitted and approved. Additional grant funding may be awarded for the costs associated with the revision and the amount of funding will be determined by the office of superintendent of public instruction.

Each planning grant must be completed within one year of issuance. Grant funding may be extended with the approval of the office of superintendent of public instruction. Grant recipients may seek reimbursement of costs monthly, but final reimbursement will not be made until all proposed seismic project planning documents and related materials, including estimated costs, are submitted to the office of superintendent of public instruction.

The office of superintendent of public instruction shall prioritize planning grant funding awards based on criteria provided in RCW 28A.525.320 and other criteria established by the school seismic safety advisory committee.

The school seismic safety advisory committee must recommend approval of the concepts presented to the committee before design grant funding can be provided.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-030, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-040 School seismic safety design and construction grants.

School seismic safety structural retrofit construction projects, as defined under WAC 392-902-010, are eligible for two phases of construction grant funding:

(1) Seismic phase three grants. Seismic phase three grants are available for projects which have completed the planning grant phases as defined in WAC 392-902-030. Grant funding will be provided for the complete design and related construction documents, including costs of the proposed project based on the approved conceptual design. Grant requirements and funding will be determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee.

The design must be presented to the school seismic committee for approval to receive construction.

(2) Seismic phase four grants. Seismic phase four grants are available for projects which have completed the design phase in subsection (1) of this section. Grant requirements and funding will be determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-040, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-050 School seismic safety construction grant—Funding determination for seismic structural retrofit projects.

Phase four construction grant funding assistance for seismic structural retrofit projects, as defined under WAC 392-902-010(1), shall be the following:

(1) At least two-thirds of the projected total project costs as determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee.

(2) Additional grant funding assistance can be awarded if the school district or state tribal education compact school meets one or more of the following conditions:

(a) Meet the definition of high poverty under the learning assistance program under chapter 28A.165 RCW.

(b) Can demonstrate that they have limited financial capacity to provide funding to complete the project.

(c) Provide in-kind resources which contribute to the overall project. The value of the in-kind resources will need to be evaluated and approved by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee. In-kind resources cannot include school district or state tribal education compact school employee labor costs, furnishings, or equipment.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-050, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-060 School seismic safety construction grant—Funding determination for seismic modernization projects.

Phase four construction grant funding assistance for seismic modernization projects, as defined under WAC 392-902-010(2), shall be calculated as follows:

(1) At least two-thirds of the projected total project cost as determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee. Funding assistance will be adjusted lower if two-thirds of the projected project cost is higher than the difference between the projected total project cost less state funding assistance received under chapter 392-347 WAC.

(2) Additional grant funding can be awarded if the school district or state tribal education compact school meets one or more of the following conditions:

(a) Meet the definition of high poverty under the learning assistance program under chapter 28A.165 RCW.

(b) Can demonstrate that they have limited financial capacity to provide funding to complete the project.

The amount of additional assistance will be determined by the office of superintendent of public instruction in consultation with the school facilities citizens advisory panel established under RCW 28A.525.025. The school facilities citizens advisory panel will make additional funding assistance recommendations based on information provided by school districts requesting additional funding assistance.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-060, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-070 School seismic safety construction grant—Funding determination for vertical evacuation tower projects.

Phase four construction grant funding assistance for vertical evacuation tower projects, as defined under WAC 392-902-010(3), shall be the following:

(1) Vertical evacuation towers sited on school district or state tribal education compact school owned property, and located on a site where students receive instruction, are eligible for grant funding in the amount of the projected cost of the proposed project. The office of superintendent of public instruction, in consultation with the school seismic safety advisory committee, will determine the amount of grant funding and project scope.

(2) Vertical evacuation towers built in partnership with state and local government agencies to serve the community and students, faculty, and administration of a school district or state tribal education compact school shall be limited to the proportion of the project's square footage needed to house students, faculty, and administration personnel. The square foot proportion will be based on the square foot per occupant of the number of students, faculty, and administration personnel of the school which the tower will serve as a refuge at the time of project application. Grant funding will be determined by the office of superintendent of public instruction in consultation with the school seismic safety advisory committee.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-070, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-080 School seismic safety construction grant—Space eligibility for seismic modernization projects.

The determination of gross square footage eligible for seismic modernization projects, as defined under WAC 392-902-010(2), shall be based on the greater of the following:

(1) Gross square footage of existing building(s) to be modernized on a school site; or

(2) Calculated gross square footage using the office of superintendent of public instruction's capital prototypical funding model, which includes headcount enrollment data based on a five-year cohort projection using historical enrollment and other additional enrollment and demographic information provided by the applicant for funding.

The office of superintendent of public instruction may adjust the space eligibility determined by subsections (1) and (2) of this section upon consultation with the school district or state tribal education compact school.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-080, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-090 School seismic safety construction grant—Space eligibility for vertical evacuation towers.

The calculation of gross square footage eligible for vertical evacuation tower projects as defined under WAC 392-902-010(3) shall be the following:

(1) Based on a square foot allocation per student, staff, and administrative personnel who attend the school which the tower will serve. The square foot allocation will be determined by the school seismic safety committee at the time of funding application.

(2) The office of superintendent of public instruction may adjust the space eligibility determined under subsection (1) of this section using additional information provided by the grant applicant upon consultation with the school facilities citizens advisory panel established under RCW 28A.525.025.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-090, filed 2/4/26, effective 3/7/26.

Wash. Admin. Code § 392-902-100 Seismic retrofit projects and future state assistance.

School facilities that receive state funding assistance under WAC 392-902-010(1) may not be eligible to receive state funding assistance under chapter 392-347 WAC for at least 10 years after the completion of a project which was funded. The superintendent of public instruction may waive the 10-year period upon consultation with the school facilities citizens advisory panel established under RCW 28A.525.025.

History

Statutory Authority: RCW 28A.525.020 and 28A.525.320. WSR 26-04-133, s 392-902-100, filed 2/4/26, effective 3/7/26.