WSR 02-24-020

EXPEDITED RULES

STATE BOARD OF EDUCATION


[ Filed November 26, 2002, 9:02 a.m. ]

Title of Rule: WAC 180-38-080 Prehearing and hearing process and 180-38-065 Exclusion of students for failure to comply.

Purpose: Add this new section necessary to address implementation of SHB 2834. Repeal WAC 180-38-065. This is covered in WAC 180-38-050.

Statutory Authority for Adoption: RCW 28A.210.160.

Reasons Supporting Proposal: Adopt necessary language to be in compliance with the law.

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, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The 2002 legislature passed SHB 2834, requiring a medicatio[n] or treatment order as a condition for children with life-threatening conditions to attend public school. Amendments to chapter 180-38 WAC are also proposed to implement the provisions of SHB 2834.

Proposal Changes the Following Existing Rules: Adds new section and repeals one section.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Patty Martin, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206 , AND RECEIVED BY February 3, 2003.


November 26, 2002

Larry Davis

Executive Director

OTS-6077.1


NEW SECTION
WAC 180-38-080   Prehearing and hearing process.   (1) If a request for hearing is received by the school district, it shall schedule a hearing. The hearing must be scheduled within three school days of receiving the request. The hearing may be continued to a later date if the parent requests a longer period.

(2) The school district shall establish a hearing process consistent with the procedures set forth for disciplinary cases under chapter 180-40 WAC.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 180-38-065 Exclusion of students for failure to comply.

Washington State Code Reviser's Office