WSR 06-20-131

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 4, 2006, 11:34 a.m. ]

Title of Rule and Other Identifying Information: Chapter 392-335 WAC, Pupils -- Uniform entry qualifications.

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Marcia L. Riggers, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY December 18, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are being made as required under E2SHB 2098, sections 909 through 911.

Statutory Authority for Adoption: RCW 28A.225.160.

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

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Marcia L. Riggers, Office of Superintendent of Public Instruction, (360) 725-6175.

October 3, 2006

Marty S. Daybell

Deputy Superintendent

OTS-9244.1


AMENDATORY SECTION(Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)

WAC 392-335-005   Authority and purpose.   This chapter is adopted pursuant to authority vested in the ((state board of education)) office of superintendent of public instruction by RCW 28A.225.160 which authorizes the ((state board of education)) office of superintendent of public instruction to establish uniform entry qualifications.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as 392-335-005, filed 6/22/06, effective 6/22/06. Statutory Authority: 1990 c 33. 90-17-009, 180-39-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.190. 83-13-004 (Order 5-83), 180-39-005, filed 6/2/83.]


AMENDATORY SECTION(Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)

WAC 392-335-010   Uniform entry age for kindergarten.   Except as provided in WAC ((180-39-025)) 392-335-025, a child must be five years of age as of midnight August 31 of the year of entry to be entitled to enter kindergarten.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as 392-335-010, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.58.190. 83-13-004 (Order 5-83), 180-39-010, filed 6/2/83.]


AMENDATORY SECTION(Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)

WAC 392-335-015   Uniform entry age for first grade.   Except as provided in WAC ((180-39-020)) 392-335-020 and ((180-39-025)) 392-335-025, a child must be six years of age as of midnight August 31 of the year of entry to be entitled to enter first grade.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as 392-335-015, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.58.190. 83-13-004 (Order 5-83), 180-39-015, filed 6/2/83.]


AMENDATORY SECTION(Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)

WAC 392-335-020   Kindergarten experience qualification for first grade.   Any child not otherwise eligible for entry to first grade who successfully has completed a kindergarten program in a public or private school shall be permitted entry to the school program: Provided, That the kindergarten program standards substantially equaled or exceeded the applicable basic education program requirements of RCW 28A.150.220 and WAC 180-16-200 through 180-16-220, each as now or hereafter amended: Provided further, That if the district of entry has reason to believe that an individual child so qualified may not succeed in the district's first grade program, the district shall have the option of placing the child in either kindergarten or the first grade for evaluation in the areas specified in WAC ((180-39-025)) 392-335-025 and a final determination of the child's appropriate grade level placement no later than the thirtieth calendar day following the child's first day of attendance.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as 392-335-020, filed 6/22/06, effective 6/22/06. Statutory Authority: 1990 c 33. 90-17-009, 180-39-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.190. 83-13-004 (Order 5-83), 180-39-020, filed 6/2/83.]

Washington State Code Reviser's Office