S-3712               _______________________________________________

                                                   SENATE BILL NO. 4679

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Bender and Warnke

Read first time 1/20/86 and referred to Committee on Education.

AN ACT Relating to special education; and amending RCW 28A.13.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 9, chapter 66, Laws of 1971 ex. sess. as amended by section 5, chapter 341, Laws of 1985 and RCW 28A.13.070 are each amended to read as follows:

          The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with handicapping conditions, to:

          (1) Assist school districts in the formation of total school programs to meet the needs of handicapped children.

          (2) Develop interdistrict cooperation programs for handicapped children as authorized in RCW 28A.58.245.

          (3) Provide, upon request, to parents or guardians of handicapped children, information as to the handicapped programs offered within the state.

          (4) Assist, upon request, the parent or guardian of any handicapped child in the placement of any handicapped child who is eligible for but not receiving special educational aid for handicapped children.

          (5) Approve school district and agency programs as being eligible for special excess cost financial aid to handicapped children.

          (6) Adjudge, upon appeal by a parent or guardian of a handicapped child who is not receiving an educational program, whether the decision of a local school district superintendent under RCW 28A.13.060 to exclude such handicapped child was justified by the available facts and consistent with the provisions of this chapter, RCW 28A.24.100 and 28A.41.053.  If the superintendent of public instruction shall decide otherwise he shall apply sanctions as provided in RCW 28A.13.080 until such time as the school district assures compliance with the provisions of this chapter, RCW 28A.24.100 and 28A.41.053.

          (7) Promulgate such rules and regulations as are necessary to implement the several provisions of this chapter, RCW 28A.24.100 and 28A.41.053 and to ensure educational opportunities within the common school system for all handicapped children who are not institutionalized and shall promulgate a rule requiring a school district providing transportation for children confined to wheelchairs or similar devices to provide for an assistant to be on the bus to assist the driver in safely transporting the students.