Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 392-121-188 Instruction provided under contract requires updating to align with purchasing individual on-line courses and the rule change already in place for WAC 392-121-182. The proposed changes will clarify the requirements for these emerging practices.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-121-188.

     Statutory Authority for Adoption: RCW 28A.150.305.

      Adopted under notice filed as WSR 12-12-077 on June 6, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2012.

Randy Dorn

Superintendent of

Public Instruction

OTS-4802.2

AMENDATORY SECTION(Amending WSR 09-06-038, filed 2/25/09, effective 3/28/09)

WAC 392-121-188   Instruction provided under contract.   School districts have general authority to contract for the services of individuals to provide instruction, subject to applicable state and federal laws and local collective bargaining agreements. School districts also have authority to enter into interdistrict cooperative agreements for instructional services with other school districts under RCW 28A.225.250. However, when a school district contracts with an entity other than a school district and that entity employs staff to provide basic education instruction claimed by the school district for state basic education funding, the requirements of this section also apply. Instruction provided by such an entity (hereafter called the contractor) may be counted as a course of study and claimed by the school district for state funding if the following requirements are met:

     (1) The school district board of directors in accordance with RCW 28A.320.015 adopts a resolution that concludes it is in the best interest of the students to expand the options available by providing an appropriate basic education program pursuant to the contract and sets forth the rationale in support of the conclusion. A board adopted resolution is not required for on-line courses purchased by the school district from an on-line provider approved by the superintendent of public instruction under RCW 28A.250.020;

     (2) The school district retains full responsibility for compliance with all state and federal laws;

     (3) The contractor complies with all relevant state and federal laws that are applicable to the school district;

     (4) The contractor provides instruction free of sectarian or religious influence or control((.));

     (5) The contractor ((serves the students at no cost to)) charges the student ((for)) no tuition ((and fees and)) for enrollment;

     (6) Enrollment is voluntary ((and no));

     (7) No student or person is unlawfully excluded from participation on the grounds of race, creed, color, national origin, sex, marital status, or presence of any sensory, mental, or physical handicap;

     (((6))) (8) Each student is enrolled in the school district reporting the enrollment and each high school student is working toward course credits which satisfy high school graduation requirements;

     (((7))) (9) If the contractor is a state higher education institution, a state funded education center, or any other state funded entity, the contractor is not claiming enrollment of the student or receiving direct state support for the contracted instruction reported pursuant to this section((.));

     (((8))) (10) The curriculum is approved by the district. District approval for on-line course curriculum is not required for on-line courses offered by an on-line provider approved by the superintendent of public instruction under RCW 28A.250.020;

     (((9))) (11) The contractor provides enrollment reports to the school district that comply with this chapter;

     (((10))) (12) The contractor maintains and has available for audit or review by the school district, state, or federal authorities documentation of enrollment, hours of instructional activity participated in by the students, personnel data, and financial data including all revenues and expenditures pertaining to the contract with the school district;

     (((11))) (13) If a contractor certificated employee employed by a contractor other than an institution of higher education ((at any time during the school year serves)) spends more than twenty-five ((students which equals more than one quarter of one)) percent (((.0025) of the district's annual average)) of a full-time equivalent ((enrollment claimed for basic education funding the)) time with students for a given school district ((reports the certificated instructional employees of the contractor funded with any state moneys or federal moneys that flow through)) at any time during the school year, the school district must report the individual contractor certificated employee as required by the SPI annual personnel reporting system for calculation of state funding, staff ratios and statistics;

     (((12) If the contract is with an entity other than an institution of higher education, for the students served pursuant to the contract, the contractor maintains a ratio of full-time equivalent certificated instructional staff serving the annual average full-time equivalent students reported for basic education funding pursuant to this section which is at least equal to the district's basic education funding ratio for the grade level of the students being reported for basic education funding pursuant to this section;

     (13))) (14) The school district and contractor execute a written contract which is consistent with this section, and which sets forth the duties of the contractor in detail sufficient to hold the contractor accountable to the school district. School districts that purchase on-line courses through the on-line course catalog provided by the office of superintendent of public instruction are exempt from this provision;

     (((14))) (15) The school district and contractor establish a process for periodic ((on-site)) monitoring by the school district for compliance with this section and other terms of the contract between the school district and contractor. School districts that purchase on-line courses through the on-line course catalog provided by the office of superintendent of public instruction are exempt from this provision;

     (((15))) (16) Contracts for services for students with disabilities shall comply with WAC 392-172A-04085 and 392-172A-04090;

     (((16))) (17) Full-time equivalent enrollment reported for students served under a contract with a higher education institution shall be based on the number of hours of instruction meeting the criteria in WAC 392-121-107 (1)(a) provided by staff of the higher education institution under the contract. This section does not apply to running start enrollment, which is governed by chapter 392-169 WAC or at-risk programs meeting the standards of subsection (18) of this section; and

     (((17) When a school district contracts for an alternative learning experience program and the contractor exercises primary responsibility for the student's written learning plan, the program shall be for academically at-risk students and shall comply with RCW 28A.150.305. Enrollment in these programs shall be reported pursuant to WAC 392-121-182.))

     (18) Full-time equivalent enrollment reported for students served under contract with a community or technical college as defined in RCW 28B.50.030 shall be based on the credits generated by the student consistent with WAC 392-169-025 if the program meets the following standards:

     (a) The student is earning credits applicable to a high school diploma.

     (b) The program is focused on serving credit deficient students.

     (c) The student population served is considered at-risk and meet the following criteria:

     (i) The students have already dropped out of high school; or

     (ii) The students have not demonstrated success in the traditional high school environment.

     (19) The school district requires the contractor to clearly state in all of the contractor's advertising, publicity, or public statements regarding the contracted service that the service is being offered by the school district under contract.

[Statutory Authority: RCW 28A.150.290. 09-06-038, § 392-121-188, filed 2/25/09, effective 3/28/09; 07-23-024, § 392-121-188, filed 11/9/07, effective 12/10/07. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. 99-08-008 (Order 99-01), § 392-121-188, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. 95-18-097, § 392-121-188, filed 9/6/95, effective 10/7/95; 95-01-013, § 392-121-188, filed 12/8/94, effective 1/8/95.]