WSR 02-10-051

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF EDUCATION


[ Filed April 25, 2002, 1:26 p.m. ]

Subject of Possible Rule Making: Chapter 180-37 WAC, Pupils -- Nonpublic agencies.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.155.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary wording, repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.

Process for Developing New Rule: Early solicitation of public comments and recommendations respecting new, amended or repealed rules, and consideration of the comments and recommendations in the course of drafting rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Larry Davis at (360) 725-6024, or send written comments to Rules Coordinator, State Board of Education, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 586-2357, TTY (360) 664-3631.

April 19, 2002

Larry Davis

Executive Director

OTS-5491.1

Chapter 180-37 WAC

PUPILS -- NONPUBLIC AGENCIES


NEW SECTION
WAC 180-37-005   Purpose and authority.   (1) The purpose of this chapter is to identify the process for providing services to special education students through contracts between school districts and nonpublic agencies.

(2) The authority for this chapter is RCW 28A.155.060.

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NEW SECTION
WAC 180-37-010   Nonpublic agency approval procedure.   (1) Nonpublic agencies shall be approved in accordance with the provisions of WAC 392-172-219 through 392-172-226, and comply with the application requirements set forth by the office of the superintendent of public instruction (OSPI) and available on the OSPI website.

(2) On a case-by-case basis, the state board of education may approve a nonpublic agency to provide services for fewer than one hundred eighty days if the rationale and evidence is compelling and the needs of the student, the student's parent(s) or legal guardian(s), and the school district would be best met for a period of fewer than one hundred eighty days.

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Washington State Code Reviser's Office