WSR 16-15-099
EMERGENCY RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed July 20, 2016, 10:57 a.m., effective July 20, 2016, 10:57 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: WAC 392-121-106 requires updating to align the definition of an enrolled student with WAC 392-172A-02000 that addresses a student's right to a free appropriate public education. This change will address the age discrepancy for students whose birthday is September 1.
Citation of Existing Rules Affected by this Order: Amending WAC 392-121-106.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: An emergency rule change is required for WAC 392-121-106 to ensure that this change is in effect for the 2016-17 school year.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 13, 2016.
Randy Dorn
State Superintendent
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-106 Definition-Enrolled student.
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 he or she:
(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 he or she 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 himself or herself, 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 twelve;
(3) ((Is under twenty-one years of age at the beginning)) Whose twenty first birthday occurs on or after September 1st 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.
