Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-121 - Finance-General apportionment › ENROLLMENT › Section 392-121-188 - Instruction provided under contract

Current through Register Vol. 24-14, July 15, 2024
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 online courses purchased by the school
				district from an online 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 charges the student no
				tuition for enrollment;
(6)Enrollment is voluntary;
(7) No student or person is unlawfully
				excluded from participation on the grounds of sex, race, creed, religion,
				color, national origin, honorably discharged veteran or military status, sexual
				orientation, gender expression, gender identity, the presence of any sensory,
				mental, or physical disability, the use of a trained dog guide or service
				animal, or marital status;
(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;
(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;
(10)The curriculum is approved by the
				district. District approval for online course curriculum is not required for
				online courses offered by an online provider approved by the superintendent of
				public instruction under RCW 28A.250.-020;
(11) The contractor provides enrollment
				reports to the school district that comply with this chapter;
(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;
(13) As of October 1st,
				if a contractor certificated employee employed by a contractor other than an
				institution of higher education spends more than twenty-five percent of a
				full-time equivalent time with students for a given school district, 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;
(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
				online courses through the online course catalog provided by the office of
				superintendent of public instruction are exempt from this provision;
(15) The school district and contractor
				establish a process for periodic 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 online courses through
				the online course catalog provided by the office of superintendent of public
				instruction are exempt from this provision;
(16)Contracts for services for students with
				disabilities shall comply with WAC
				392-172A-04085 and
				392-172A-04090;
(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
(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.