16-07-134

WSR 16-07-134

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed March 22, 2016, 1:18 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 16-04-107.

Title of Rule and Other Identifying Information: WAC 392-169-005 Authority, 392-169-015 Running start program-Definition, 392-169-020 Eligible student-Definition, 392-169-025 Full-time equivalent (FTE) running start enrollment-Definition, 392-169-030 Annual average full-time (AAFTE) running start enrollment-Definition, 392-169-055 Enrollment-Extent and duration of running start enrollment, and 392-169-100 Running start enrollment count dates.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Policy Conference Room, 600 South Washington Street, Olympia, WA 98501, on April 28, 2016, at 10:00 a.m.

Date of Intended Adoption: May 2, 2016.

Submit Written Comments to: Becky McLean, P.O. Box 47200, Olympia, WA 98504-7200, e-mail [e-mail], fax [phone], by April 28, 2016.

Assistance for Persons with Disabilities: Contact Kristin Murphy by April 21, 2016, TTY [phone] or [phone].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Several sections of chapter 392-169 WAC require updating to address the following:

.	Add to the definition of running start program the language from ESSHB [E2SHB] 1546.
.	Remove language that addresses running start in the high school model.
.	Add language regarding students who are disenrolled from a nonresident district after a rescindment of their choice transfer and plan to only take running start classes to allow a college to report their running start enrollment to the nonresident district.

Reasons Supporting Proposal: WAC 392-169-005 requires joint agreement with OSPI, state board of community and technical colleges, and Washington student achievement council. Both agencies have reviewed and approved the proposed changes.

Statutory Authority for Adoption: RCW 28A.600.390.

Statute Being Implemented: RCW 28A.600.390.

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, [phone]; Implementation: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, [phone]; and Enforcement: JoLynn Berge, Old Capitol Building, 600 South Washington, Olympia, WA, [phone].

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 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

March 22, 2016

Randy Dorn

State Superintendent

of Public Instruction

AMENDATORY SECTION (Amending WSR 95-09-042, filed 4/14/95, effective 5/15/95)

WAC 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 ((higher education coordinating board)) 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.

AMENDATORY SECTION (Amending WSR 95-09-042, filed 4/14/95, effective 5/15/95)

WAC 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.

AMENDATORY SECTION (Amending WSR 95-09-042, filed 4/14/95, effective 5/15/95)

WAC 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.

AMENDATORY SECTION (Amending WSR 14-22-079, filed 11/3/14, effective 12/4/14)

WAC 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 ((multiplying the quotient of)) dividing a student's enrolled college credits ((divided)) by fifteen ((and the quotient of three divided by the number of months the running start class is provided)). 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.

AMENDATORY SECTION (Amending WSR 14-22-079, filed 11/3/14, effective 12/4/14)

WAC 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((:

(1) For running start classes offered at the college campus,)) 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 nine running start count dates divided by nine.

(((2) For running start classes offered in the high school setting, 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 ten running start count dates divided by ten.))

AMENDATORY SECTION (Amending WSR 14-22-079, filed 11/3/14, effective 12/4/14)

WAC 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 eleven may enroll in an institution of higher education while in the eleventh 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 (i.e., three college or university quarters as a full-time equivalent college or university student, two semesters as a full-time equivalent college or university student, or nine months as a full-time equivalent technical college student((, or ten months as a full-time equivalent student taking running start classes in the high school setting))).

(2) An eligible student who enrolls in grade twelve may enroll in an institution of higher education while in the twelfth 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 (i.e., three college or university quarters as a full-time equivalent community college or university student, two semesters as a full-time equivalent college or university student, or nine months as a full-time technical college student((, or ten months as a full-time equivalent student taking running start classes in the high school setting))).

(3) Enrollment in an institution of higher education is limited to the fall, winter and spring college quarters, and the fall and spring college semesters((, and the district standard school year (September through June))).

(4) As a general rule a student's eligibility for running start program enrollment terminates at the end of the student's twelfth 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 twelfth 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.

AMENDATORY SECTION (Amending WSR 14-22-079, filed 11/3/14, effective 12/4/14)

WAC 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 ((classes offered at the college campus)), the first college or university day of each of the months of October through June; and

(2) For Washington State University ((classes offered at the college campus)), the first university day of each of the months of September through May.

(((3) For running start classes offered at the high school setting, the first instructional day of each of the months September through June.))