PERMANENT RULES
PUBLIC INSTRUCTION
Date of Adoption: September 26, 2001.
Purpose: The state institution funding rules at chapter 392-122 WAC are amended to clarify that only students confined to a juvenile detention facility by a court order may be counted for the institution education funding. Students under electronic monitored or subject to day reporting restrictions would qualify for the institutional education funding if under court order and if all other requirements are met.
Citation of Existing Rules Affected by this Order: Repealing WAC 392-122-207; and amending WAC 392-122-205, 392-122-220, and 392-122-221.
Statutory Authority for Adoption: RCW 28A.150.290.
Adopted under notice filed as WSR 01-17-013 on September 5 [August 2], 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
November 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. |