PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-17-089.
Title of Rule: WAC 392-122-200 through 392-122-275, state institutional education funding rules.
Purpose: To clarify existing rules for reporting students for state institutional education funding, that are confined to a detention facility.
Statutory Authority for Adoption: RCW 28A.150.290.
Statute Being Implemented: Chapter 28A.190 RCW.
Summary: These draft rules clarify student enrollment reporting standards for state institutional education funding for students served in county detention centers. These changes are needed to align rules with current juvenile sentencing laws and practices.
Name of Agency Personnel Responsible for Drafting and Implementation: Allen Jones, Office of Superintendent of Public Instruction, (360) 725-6300; and Enforcement: Michael Bigelow, Office of Superintendent of Public Instruction, (360) 725-6111.
Name of Proponent: Office of Superintendent of Public Instruction, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Specifically, the rules clarify what facilities are considered juvenile detention facilities. The rules reference the definition in the juvenile justice statute (RCW 13.40.020). Only a facility paid for and operated by the county for confinement of juveniles qualifies.
The rules also clarify eligibility of students served in county detention facilities. The rules limit institutional education funding to juveniles confined in the facility by court order. The rules reference the definition of confinement in the juvenile justice statute (RCW 13.40.020). Students under electronic monitoring or day reporting restrictions qualify if under court order and if all other requirements are met.
The proposed rule change will have both negative and positive fiscal impacts. The Office of Superintendent of Public Instruction's rule development discussions have led some districts to report more conservatively. Some additional state savings (school district revenue loss) will result because some students currently claimed for institutional education funding will not qualify. The clarification of authority for claiming court-ordered day reporting students may lead to some increase in this population. The potential increase is limited by space in county detention facilities and sentencing standards of the juvenile courts. The negative and positive fiscal impacts are both hard to quantify and will tend to be offsetting. OSPI does not plan to revise institutional enrollment estimates due to the rule change.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impacts have been identified.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, Bruno Conference Room, 2nd Floor, on September 25, 2001, at 9 a.m.
Assistance for Persons with Disabilities: Contact Sheila Emery by September 11, 2001, TDD (360) 664-3631, or (360) 725-6271.
Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by September 24, 2001.
Date of Intended Adoption: September 26, 2001.
August 1, 2001
Dr. Terry Bergeson
Superintendent of
Public Instruction
OTS-4944.1
AMENDATORY SECTION(Amending Order 98-09, filed 10/20/98,
effective 11/20/98)
WAC 392-122-205
State institutional education
program -- Eligible programs.
Programs supported as state
institutional education programs include those provided in:
(1) State operated group homes -- i.e., facilities maintained by the division of juvenile rehabilitation of the department of social and health services to house adjudicated youth twenty-four hours a day;
(2) Juvenile detention centers -- i.e., facilities
((maintained by counties for treatment and education of juveniles
who have been placed under protective custody or have committed a
criminal offense)) meeting the definition of a "detention
facility" in RCW 13.40.030.
(3) Institutions for juvenile delinquents -- i.e., facilities maintained by the division of juvenile rehabilitation of the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts.
(4) Residential habilitation centers -- i.e., facilities maintained by the division of developmental disabilities of the department of social and health services for care and treatment of persons with exceptional needs by reason of mental and/or physical deficiency.
(5) Adult correctional facilities housing juveniles -- i.e., facilities maintained by the state department of corrections for juvenile inmates under eighteen years of age.
[Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-205, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 95-08-025, 392-122-205, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), 392-122-205, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), 392-122-205, filed 10/2/84.]
(1)(a) Is in a program in a department of corrections facility and is under eighteen years of age or is 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) Is ((in a residential institution other than the
department of corrections and is)) under twenty-one years of age
at the beginning of the school year and is either:
(i) In a residential school as defined in RCW 28A.190.020; or
(ii) Confined in a county detention center within the meaning of confinement provided in RCW 13.40.020;
(2) Is scheduled to engage in educational activity in the institutional education program during the current week;
(3) During the current school year, has engaged in educational activity in the institutional education program provided or supervised by educational certificated staff; and
(4) Does not qualify for any of the enrollment exclusions in WAC 392-122-221.
[Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-220, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), 392-122-220, filed 1/10/92, effective 2/10/92.]
(1) A person whose educational activity has terminated.
(2) A person who has transferred to another institution or school district.
(3) ((A residential)) An institution student who:
(a) Has not engaged in educational activity in the past five school days, excluding days of excused absence;
(b) Has not engaged in educational activity in the past ten school days including days of excused absence; or
(c) Is claimed by any school district as an enrolled student eligible for state basic education support pursuant to chapter 392-121 WAC.
[Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-221, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 95-08-025, 392-122-221, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), 392-122-221, filed 1/10/92, effective 2/10/92.]
The following section of the Washington Administrative Code is repealed:
| WAC 392-122-207 | Definition -- State institutional education program -- Residential institution. |