wa-26-19-023: Public Instruction, Superintendent of — WSR 26-19-023

WSR 26-19-023 (26-19)WSR 26-19-023PROPOSED RULESSUPERINTENDENT OFPUBLIC INSTRUCTION[Filed September 8, 2026, 10:43 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-14-011.Title of Rule and Other Identifying Information: Chapter 392-425 WAC, Transition to kindergarten.Hearing Location(s): On November 5, 2026, at 11:00 a.m., via Zoom (call-in option also available). Participation link available on office of superintendent of public instruction's (OPSI) rules web page at ospi.k12.wa.us/policy-funding/ospi-rulemaking-activity. Visit the OSPI rules web page for information on participating in the hearing at ospi.k12.wa.us/policy-funding/ospi-rulemaking-activity. For participation questions, please email sirena.wu@k12.wa.us.Date of Intended Adoption: November 9, 2026.Submit Written Comments to: Samantha Bowen, OSPI, P.O. Box 47200, Olympia, WA 98504, email EarlyLearning@k12.wa.us, beginning September 9, 2026, 8:00 a.m., by November 5, 2026, 5:00 p.m.Assistance for Persons with Disabilities: Contact Sirena Wu, OSPI rules coordinator, phone 360-480-9317, TTY 360-664-3631, email sirena.wu@k12.wa.us, by October 29, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In accordance with ESSB 6260 (2026) and RCW 28A.300.072, OSPI is proposing to amend chapter 392-425 WAC to adopt permanent rules authorizing local education agencies to charge sliding scale fees for enrollment in the transition to kindergarten (TK) program and to establish rules related to the allocation of state funding for TK programs. Permanent rule adoption is necessary to implement statutory changes enacted by the Washington state legislature, and to ensure school districts, charter schools, and state-tribal education compact schools have the rules and guidance necessary for implementation during the 2027-28 school year, including enrollment, budgeting, and program planning timelines.Permanent rules are necessary to implement ESSB 6260 (2026) in time for the 2027-28 school year. Local education agencies require timely rules regarding sliding scale fees and state funding allocation criteria in order to conduct enrollment, staffing, budgeting, and program planning activities prior to the start of the school year. Delayed adoption would create uncertainty regarding program administration and funding distribution and could impair implementation of legislatively enacted requirements. Reasons Supporting Proposal: OSPI is proposing permanent amendments to chapter 392-425 WAC to implement ESSB 6260 (2026) and RCW 28A.300.072, including rules that allow local education agencies to charge sliding scale fees for TK and establish criteria for state funding allocations. Timely rule adoption is needed so districts, charter schools, and state-tribal education compact schools can plan for enrollment, staffing, budgeting, and implementation for the 2027-28 school year.Statutory Authority for Adoption: ESSB 6260 (2026); RCW 28A.150.290 and 28A.300.072.Rule is not necessitated by federal law, federal or state court decision.Name of Agency Personnel Responsible for Drafting and Implementation: Samantha Bowen, OSPI, 600 South Washington Street, Olympia, WA; Enforcement: OSPI, 600 South Washington Street, Olympia, WA.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(4).Is exempt under RCW 19.85.030.Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2). Scope of exemption for rule proposal:Is fully exempt.September 8, 2026Chris P.S. ReykdalState Superintendent of Public InstructionRDS-7285.3AMENDATORY SECTION(Amending WSR 24-14-074, filed 6/28/24, effective 7/29/24)WAC 392-425-040Student eligibility.(1) Children meeting the following criteria are eligible to participate in a transition to kindergarten program offered by an eligible local education agency:(a) A child who has been determined, by the local education agency, to benefit from additional preparation for kindergarten through a screening process and tool; and(b) A child who is at least four years old by August 31st of the school year in which they enroll in a transition to kindergarten program.(2) In determining student eligibility and admitting students to a transition to kindergarten program, local education agencies must:(a) Give priority to children most in need of additional preparation to be successful in kindergarten, as demonstrated through a screening process and tool.(b) Give priority to children with the lowest family income not otherwise eligible and not enrolled in another local program.(c) Not exclude, nor establish a policy to prohibit from participation, an eligible child due only to the presence of a disability.(d) ((Not charge tuition or other fees from state-funded eligible students for enrollment in a transition to kindergarten program))Eligible local education agencies are authorized to charge sliding scale fees for enrollment in a transition to kindergarten program, except that no fee may be charged for the following:(i) Children who are eligible for but not yet placed in the early childhood education or assistance program or the head start program;(ii) Children with disabilities entitled to a free appropriate public education in accordance with the federal individuals with disabilities education act and chapter 28A.155 RCW.(e) Tuition and fees collected for students in classrooms receiving state funding for the transition to kindergarten program must be accounted for separately, in accordance with the requirements outlined in the school district accounting manual.NEW SECTIONWAC 392-425-065Allocation of state funding.State funding for the transition to kindergarten program will be allocated to eligible local education agencies based on RCW 28A.300.072 and the state omnibus budget requirements. Funding allocations will be prioritized as follows:(1) Eligible local education agencies that received state funding allocations for transition to kindergarten in the previous year will have priority for the subsequent year.(2) When state funding is insufficient to maintain the number of students served in the subsequent year, eligible local education agencies will be allocated funding based on one or more of the following criteria:(a) Districtwide percentage of students eligible for free and reduced price lunch;(b) Districtwide percentage of students eligible for special education services;(c) Districtwide percentage of students eligible for transitional bilingual program services;(d) Data available measuring access to state-funded early learning programs; and(e) Local education agencies serving 20 or fewer transition to kindergarten students.