WSR 99-07-069



[ Filed March 17, 1999, 10:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-04-088.

Title of Rule: WAC 180-16-215 Minimum one hundred eighty school day year.

Purpose: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary working [wording], repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.

Statutory Authority for Adoption: Chapter 28A.630 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 180-16-215(3), provides more appropriate language by deleting ((handicapped)) and adding with disabilities.

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Chautauqua Lodge, 304 14th Street North, Longbeach, WA, on May 5, 1999, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Carolyn Berger by April 20, 1999, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by April 20, 1999.

Date of Intended Adoption: May 5, 1999.

March 16, 1999

Larry Davis

Executive Director


AMENDATORY SECTION(Amending WSR 95-20-086, filed 10/4/95, effective 11/4/95)

WAC 180-16-215
Minimum one hundred eighty school day year.

(1)(a) One hundred eighty school day requirement.  Each school district shall conduct no less than a one hundred eighty school day program each school year in such grades as are conducted by such school district, and one hundred eighty half-days of instruction, or the equivalent, in kindergarten.  If a school district schedules a kindergarten program other than one hundred eighty half-days, the district shall attach an explanation of its kindergarten schedule when providing compliance documentation to the superintendent of public instruction.

(b) Waiver option, application and renewal procedures. See WAC 180-18-050 for waiver process.

(2) School day defined.  A school day shall mean each day of the school year on which pupils enrolled in the common schools of a school district are engaged in educational activity planned by and under the direction of the school district staff, as directed by the administration and board of directors of the district.

(3) Accessibility of program.  Each school district's program shall be accessible to all legally eligible students, including ((handicapped)) students with disabilities, who are five years of age and under twenty-one years of age who have not completed high school graduation requirements.

(4) Five-day flexibility - Students graduating from high school.  A school district may schedule the last five school days of the one hundred eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student.

[Statutory Authority: Chapter 28A.630 RCW and 1995 c 208.  95-20-086, 180-16-215, filed 10/4/95, effective 11/4/95.  Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250.  79-10-033 (Order 10-79), 180-16-215, filed 9/12/79.  Statutory Authority: RCW 28A.41.130 and 28A.58.754.  78-06-097 (Order 3-78), 180-16-215, filed 6/5/78.]

Washington State Code Reviser's Office