WSR 16-06-129
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed March 2, 2016, 10:48 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-03-079.
Title of Rule and Other Identifying Information: WAC 392-122-420 Full-day kindergarten program-Authority, 392-122-423 Full-day kindergarten program-Determination of eligibility, 392-122-424 Full-day kindergarten program-Letter of acceptance and approvals, and 392-122-425 Full-day kindergarten program-Subsequent determination of eligible schools.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Brouillet Conference Room, 600 South Washington, Olympia, WA 98504-7200, on April 13, 2016, at 1:00 p.m.
Date of Intended Adoption: April 18, 2016.
Submit Written Comments to: T. J. Kelly, Director, OSPI, School Apportionment and Financial Services, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Thomas.kelly@k12.wa.us, fax (360) 664-3683, by April 13, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by April 5, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending these rules will allow schools to offer state-funded full-day kindergarten to only a portion of kindergartners enrolled at a school due to lack of classroom space.
Reasons Supporting Proposal: Without these rules being amended, there would be students who would not receive state-funded full-day kindergarten services because the school at which they attend did not have enough space to provide the same program to all kindergarteners enrolled.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting and Implementation: T. J. Kelly, Olympia, Washington, (360) 725-6301; and Enforcement: JoLynn Berge, Olympia, Washington, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact; no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW
34.05.328 (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
March 2, 2016
Randy Dorn
State Superintendent
AMENDATORY SECTION (Amending WSR 09-11-018, filed 5/8/09, effective 6/8/09)
WAC 392-122-420 Full-day kindergarten program-Authority.
The authority for WAC 392-122-420 through 392-122-426 is:
AMENDATORY SECTION (Amending WSR 13-12-008, filed 5/23/13, effective 6/23/13)
WAC 392-122-423 Full-day kindergarten program-Determination of eligibility.
Except as provided in subsection (3) of this section, determination for eligibility for full-day kindergarten (FDK) programs is based on an individual school's poverty percentage from the prior school year.
(1) Two weeks after the legislature adopts the state Operating Appropriations Act for the subsequent school year, the superintendent of public instruction shall develop and publish an eligibility list for FDK for the subsequent school year, pursuant to the legislative limitation parameters in the annual budget bill. Should the governor veto all or a portion of the funding for FDK, the superintendent of public instruction shall modify the eligibility list as needed.
(2) A school's poverty percentage is determined by the school's free and reduced priced lunch percentage eligibility for students in kindergarten through sixth grade from the prior school year's October 1st CEDARS report as of March 31st.
(3) Beginning in the 2016-17 school year, all schools that include kindergarten students will be eligible to receive state funds for full-day kindergarten.
(4) Funding amounts per school shall be calculated in accordance with the state Operating Appropriations Act and WAC 392-121-400.
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-122-424 Full-day kindergarten program-Letter of acceptance and approvals.
(1) School districts with eligible schools or charter schools that intend to provide a FDK program shall submit a letter of acceptance to the superintendent of public instruction in accordance with a timeline established by the superintendent of public instruction. This letter of acceptance must include the following:
(a) Assurances that the school shall comply with all program requirements outlined in RCW
28A.150.315(1);
(b) ((Assurances that the district or charter school can provide the full-day kindergarten program for all children of parents who request it in each eligible school; and
(c))) Any other requirements as established by the office of superintendent of public instruction; and
(c) In the 2016-17 school year, full-day kindergarten funding is available for schools in which, due to the lack of space/capacity, not all students are able to be served with a full-day kindergarten program. When selecting students for these full-day classrooms, school districts must prioritize students from low income families and consider other students who likely receive the greatest benefits from full-day kindergarten.
(2) The superintendent shall approve the letters of acceptance that have met the requirements in subsection (1) of this section. If, after approving all of the letters of acceptance that were received that met the requirements in subsection (1) of this section, the superintendent determines that additional funding will be available, the superintendent shall notify charter schools and school districts with schools that have the next highest levels of free and reduced price lunch eligibility that they are eligible.
(3) The eligibility for FDK is determined based upon an individual building's student poverty and may not transfer to other buildings or students within a school district.
AMENDATORY SECTION (Amending WSR 09-11-018, filed 5/8/09, effective 6/8/09)
WAC 392-122-425 Full-day kindergarten program-Subsequent determination of eligible schools.
Prior to the 2016-17 school year, after consideration of the funding requirement of all submitted applications, the school projected FTE and subject to the amount of remaining funding available, the office of superintendent of public instruction may publish a subsequent list of additional eligible schools that may apply for the FDK program. Eligibility on this list shall be ranked in order of decreasing poverty percentage, in the manner outlined in WAC 392-122-423.
Upon program approval for the full-day kindergarten program, a school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for FRPL as long as all other program requirements are fulfilled.
