WSR 02-08-035

EMERGENCY RULES

STATE BOARD OF EDUCATION


[ Filed March 29, 2002, 11:48 a.m. ]

Date of Adoption: March 22, 2002.

Purpose: Proposed amendments to chapter 180-24 WAC, Remote and necessary small school plants, be adopted on an emergency basis to further identify criteria for granting remote and necessary status for small school plants.

Citation of Existing Rules Affected by this Order: Repealing WAC 180-24-405; and amending WAC 180-24-400, 180-24-410, and 180-24-415.

Statutory Authority for Adoption: Section 502 (i)(e), chapter 6, Laws of 1994 sp.s.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The state operating budget allocates funds to small school plants evaluated as remote and necessary by the State Board of Education.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

March 22, 2002

Larry Davis

Executive Director

OTS-5350.2


AMENDATORY SECTION(Amending WSR 95-20-055, filed 10/2/95, effective 11/2/95)

WAC 180-24-400   Remote and necessary small school plants -- Purpose and authority.   (1) The purpose of WAC 180-24-400 through 180-24-420 is to establish policies and procedures to govern the classification of small school plants as remote and necessary.

(2) The authority for WAC 180-24-400 through 180-24-420 is the state Operating Appropriations Act which allocates funds to school districts for small school plants which have been judged by the state board of education to be remote and necessary.

[Statutory Authority: 1994 sp.s. c 6 502(i)(e). 95-20-055, 180-24-400, filed 10/2/95, effective 11/2/95.]


AMENDATORY SECTION(Amending WSR 97-21-069, filed 10/15/97, effective 11/15/97)

WAC 180-24-410   Remote and necessary small school plants -- Criteria.   (1) Decisions of the state board of education on granting remote and necessary status to small school plants within school districts shall be based on a finding that granting remote and necessary status is necessary to assure reasonable provision of a basic education program to students, including related services, equipment, materials and supplies.

(2) In making the finding under subsection (1) of this section, the state board of education shall consider, including but not limited to, the factors under (a) through (g) of this subsection. No single factor or combination of factors necessarily warrants granting or denying remote and necessary status. However, it shall be the policy of the state board of education to favor those requests which, in the board's judgment, meet the provisions of this section. "Favor" does not mean that the listed factors are necessarily exclusive. Additional factors and considerations may be included in a particular request. If there is a factual situation that falls outside the scope of all or a portion of the listed factors, the state board may consider the facts and reasons the additional factors or considerations support the request.

(a) The student population to be served at the small school site, must meet the small school funding formula for remote and necessary school plants as provided in the Operating Appropriations Act. The grade span served at the small school site shall include the same levels for eligible students established by the district for other elementary, middle, or high schools of the district, and meet the educational needs of the population served by that small school plant.

(b) Existence of an intact, permanent community which is defined as a geographically site-specific, nontransient group of people. This factor must be met.

(c) Transportation: Travel time to another school in the district, or school in another district, is not less than sixty minutes one way, or international boundary crossing processing time is unpredictable or lengthy or both.

(d) Transportation: Student safety from a small school site in the school district to another school in the district, or school in another district, may be at risk due to the condition of roads or waterways, seasonal weather conditions, or topography.

(e) Operational efficiency: Nonavailability of age appropriate grade level or cooperative programs in other school facilities in the district, or in the next nearest district or districts, or other educational organizations approved or recognized by the state board of education or the superintendent of public instruction.

(3) At its discretion, the state board of education may use as guidance the applicable provisions of WAC 180-24-013, 180-24-016, and 180-24-017.

[Statutory Authority: 1994 1st sp.s. c 6 502 (1)(e). 97-21-069, 180-24-410, filed 10/15/97, effective 11/15/97. Statutory Authority: 1994 sp.s. c 6 502(i)(e). 95-20-055, 180-24-410, filed 10/2/95, effective 11/2/95.]


AMENDATORY SECTION(Amending WSR 97-21-069, filed 10/15/97, effective 11/15/97)

WAC 180-24-415   Remote and necessary small school plants -- Review committee.   (1) There is hereby established by the state board of education a remote and necessary review committee comprised of at least the following five members:

(a) One member of the state board of education selected by the president of the board;

(b) Two staff members from the office of the superintendent of public instruction, one who is knowledgeable about finance issues and one who is knowledgeable about curriculum issues, both selected by the state superintendent;

(c) One school director selected by the Washington State School Directors' Association;

(d) One school district administrator selected by the Washington Association of School Administrators;

(2) Vacancies on the review committee shall be filled by the person or organization responsible for appointments.

(3) At the state board of education's discretion, other members may be added to the review committee.

(4) It is the responsibility of the review committee to receive and review all applications from school districts requesting the state board of education to grant remote and necessary status to a small school plant located in the district. Following the review of applications, the review committee shall recommend to the state board whether such designation should be granted. Recommendations of the review committee shall be advisory only. The final determination rests solely with the state board of education.

(5) Every small school plant with remote and necessary status beginning 1996, shall be reviewed every four years by the review committee and the state board. The review committee shall submit its findings and recommendations to the state board. The review committee may conduct the review on-site, with the number of members participating determined by the committee, or may conduct the review by other means as determined by the committee ((and with state board approval)). The state board shall provide to the fiscal committees of the legislature in January of odd-numbered years a list of remote and necessary small school plants.

(6) A small school plant shall lose its remote and necessary status if the number of students exceeds the enrollment requirements set forth in the state Operating Appropriations Act for three consecutive years. The loss of remote and necessary status shall take effect the immediate ensuing school year. ((If a small school site should lose its remote and necessary status, the local serving school district may continue to maintain and operate the school site. When the enrollment of such small school plant again meets the requirements of the state Operating Appropriations Act, the school district may apply to the state board of education for redesignation as a remote and necessary plant. The small school site's annual average full-time equivalent enrollment, pursuant to the Operating Appropriations Act requirements, shall be met for one full year prior to reapplication.)) If a small school site should lose its remote and necessary status, the local serving school district may continue to maintain and operate the school site. When the enrollment of such small school plant again meets the requirements of the state Operating Appropriations Act, the school district may apply to the state board of education for redesignation as a remote and necessary plant.

(7) A small school plant shall lose its remote and necessary status if a local school district closes the small school plant. If the small school plant is reopened by the district, or a new small school plant is opened, the school district may apply to the state board of education for remote and necessary designation for the small school plant. If such designation is granted, the remote and necessary status shall take effect as determined by the state board of education.

[Statutory Authority: 1994 1st sp.s. c 6 502 (1)(e). 97-21-069, 180-24-415, filed 10/15/97, effective 11/15/97. Statutory Authority: 1994 sp.s. c 6 502(i)(e). 95-20-055, 180-24-415, filed 10/2/95, effective 11/2/95.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 180-24-405 Remote and necessary small school plants -- Purpose.

Washington State Code Reviser's Office