WSR 02-14-120

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed July 2, 2002, 2:06 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-10-051.

Title of Rule: Chapter 180-37 WAC, Pupils -- Nonpublic agencies.

Purpose: Add new section of chapter 180-37 WAC.

Statutory Authority for Adoption: RCW 28A.04.120 and 28A.31.118.

Summary: Identifies process for providing services to special education students through contracts between school districts and nonpublic agencies.

Reasons Supporting Proposal: Address the needs of students.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 725-6024.

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: Provides services for special education students.

Proposal Changes the Following Existing Rules: Adds new sections.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Enumclaw School District Board Room, 2929 McDougall Avenue, Enumclaw, WA 98022-7499, on August 21, 2002, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Laura Moore by August 13, 2002, TDD (360) 664-3631, or (360) 725-6027.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, Patty Martin, Associate Director, fax (360) 586-2357, by August 13, 2002.

Date of Intended Adoption: August 23, 2002.

June 27, 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