A student may be counted as an enrolled institutional education program student under the following conditions:

1. (1) (a) The student is in a program in a department of corrections facility and is either:

   1. (i) Under eighteen years of age; or
   2. (ii) 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

   3. (b) The student is under twenty-one years of age at the beginning of the school year and is either:

      1. (i) In a residential school as defined in RCW 28A.190.020; or
      2. (ii) Confined in a county juvenile detention center within the meaning of confinement provided in RCW 13.40.020;
2. (2) The student is scheduled to engage in educational activity in the institutional education program during the current week under WAC 392-122-212;
3. (3) During the current school year, the student has engaged in educational activity in the institutional education program provided or supervised by educational certificated staff under WAC 392-122-212; and
4. (4) The student does not qualify for any of the enrollment exclusions in WAC 392-122-221.

[Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-220, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290. WSR 01-24-002, § 392-122-220, filed 11/21/01, effective 12/22/01. Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. WSR 98-21-065 (Order 98-09), § 392-122-220, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 92-03-045 (Order 92-03), § 392-122-220, filed 1/10/92, effective 2/10/92.]