1. (1) The following may not be counted as an enrolled institutional education program student:

   1. (a) A person whose educational activity under WAC 392-122-212 has terminated.
   2. (b) A person who has transferred to another institution, school district, or charter school.

   3. (c) A person residing in a state institution who:

      1. (i) Has not engaged in educational activity under WAC 392-122-212 in the past five school days, excluding days of excused absence;
      2. (ii) Has not engaged in educational activity in the past ten school days under WAC 392-122-212, including days of excused absence; or
      3. (iii) Is claimed by any school district or charter school as an enrolled student eligible for state basic education support under chapter 392-121 WAC where the school district's count date occurs prior to the institution's count date for the month, except if the student is enrolled in a youth reengagement program under chapter 392-700 WAC.
2. (2) When the institution's count date and the school district's or charter school's count date are on the same date, institutions shall have priority for counting the student.

3. (3) As used in this section, "excused absence" means an absence from scheduled educational activity which certificated staff determine to be due to one or more of the following:

   1. (a) Illness;
   2. (b) Attendance in court; or
   3. (c) Meeting with a lawyer, case worker, counselor, physician, dentist, nurse, or other professional service provider.

[Statutory Authority: RCW 28A.150.290 and 28A.175.115. WSR 22-15-119, § 392-122-221, filed 7/20/22, effective 8/20/22. Statutory Authority: RCW 28A.150.290 and 28A.710.040(5). WSR 21-04-039, § 392-122-221, filed 1/26/21, effective 2/26/21. Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-122-221, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 08-24-029, § 392-122-221, filed 11/24/08, effective 12/25/08; WSR 01-24-002, § 392-122-221, 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), § 392-122-221, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. WSR 95-08-025, § 392-122-221, filed 3/29/95, effective 4/29/95; WSR 92-03-045 (Order 92-03), § 392-122-221, filed 1/10/92, effective 2/10/92.]