WSR 06-23-006

PERMANENT RULES

STATE BOARD OF EDUCATION


[ Filed November 2, 2006, 4:28 p.m. , effective December 3, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Language in chapter 180-38 WAC referring to public schools and/or school districts has been removed as the state board has authority for immunization related to private schools with the passage of E2SHB 3098.

Citation of Existing Rules Affected by this Order: Repealing WAC 180-38-080; and amending chapter 180-38 WAC.

Statutory Authority for Adoption: RCW 28A.210.160.

Adopted under notice filed as WSR 06-19-091 on September 19, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 27, 2006.

Edith W. Harding

Executive Director

OTS-9230.1

Chapter 180-38 WAC

((PUPILS)) PRIVATE SCHOOL PUPIL IMMUNIZATION REQUIREMENT ((AND LIFE-THREATENING HEALTH CONDITION))


AMENDATORY SECTION(Amending WSR 05-23-044, filed 11/9/05, effective 12/10/05)

WAC 180-38-005   Purpose and authority.   (1) The purpose of this chapter is to establish the procedural and substantive due process requirements governing the exclusion of students from ((public and)) private schools for failure to comply with the immunization requirement of the state of Washington ((or, in the case of public schools only, failure to present a medication or treatment order for a life-threatening health condition)).

(2) The authority for this chapter is RCW 28A.210.160.

[Statutory Authority: RCW 28A.210.160. 05-23-044, 180-38-005, filed 11/9/05, effective 12/10/05; 02-24-019, 180-38-005, filed 11/26/02, effective 12/27/02. Statutory Authority: 1990 c 33. 90-17-009, 180-38-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.31.118. 85-20-040 (Order 20-85), 180-38-005, filed 9/25/85.]


AMENDATORY SECTION(Amending WSR 02-24-019, filed 11/26/02, effective 12/27/02)

WAC 180-38-020   Definitions.   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Student" shall mean the same as defined for "child" in RCW 28A.210.070(6).

(2) "Chief administrator" shall mean the same as defined in RCW 28A.210.070(1).

(3) "Full immunization" shall mean the same as defined in RCW 28A.210.070(2).

(4) "Schedule of immunization" shall mean the beginning or continuing of a course of immunization, including the conditions for private school attendance when a child is not fully immunized, as prescribed by the state board of health (WAC 246-100-166(5)).

(5) "Certificate of exemption" shall mean the filing of a statement exempting the child from immunizations with the chief administrator of the private school, on a form prescribed by the department of health, which complies with RCW 28A.210.090.

(6) (("Life-threatening condition" shall mean a health condition that will put the child in danger of death during the school day if a medication or treatment order and a nursing plan are not in place.

(7) "Medication or treatment order" shall mean the authority a registered nurse obtains under RCW 18.79.260(2). The order shall be signed by a licensed health care practitioner listed under RCW 18.79.260(2).

(8) "Nursing plan" shall mean a plan of care developed for the student consistent with the standards of nursing conduct or practice set out in department of health regulations, WAC 246-840-700 et seq. The nursing plan implements the medication or treatment order.

(9))) "Exclusion" shall mean the case or instance when the student is denied initial or continued attendance((:

(a))) due to failure to submit a schedule of immunization, or a certificate of exemption((; or

(b) In the case of a life-threatening health condition, due to failure to submit a medication or treatment order and any medication or equipment identified in the order, unless the school district is required to provide the medication or equipment as a related service under federal law)) in accordance with RCW 28A.210.120.

(((10))) (7) "School day" shall mean ((the same as in RCW 28A.150.030 and shall be inclusive of school or district sponsored field trip experiences and extracurricular activities and summer school)) each day of the school year on which students enrolled in the private school are engaged in educational activity planned by and under the direction of the staff, as directed by the chief administrator and applicable governing board of the private school.

(((11))) (8) "Parent" shall mean parent, legal guardian, or other adult in loco parentis.

[Statutory Authority: RCW 28A.210.160. 02-24-019, 180-38-020, filed 11/26/02, effective 12/27/02. Statutory Authority: RCW 28A.31.118. 85-20-040 (Order 20-85), 180-38-020, filed 9/25/85.]


AMENDATORY SECTION(Amending WSR 02-24-019, filed 11/26/02, effective 12/27/02)

WAC 180-38-045   Private school attendance conditioned upon presentation of proofs.   (1) The initial attendance of every student at every ((public and)) private school in the state is conditioned upon proof of immunization as set forth in RCW 28A.210.080.

(2) The chief administrator of each ((public or)) private school shall prohibit the further presence at school of each student already in attendance and who has failed to provide proof of immunization in accordance with RCW 28A.210.080(1). Such exclusion shall be preceded by written notice as set forth in WAC 180-38-050. If written notice has not been provided, any exclusion shall be stayed until notice is received by a parent, guardian or other adult in loco parentis.

(((3) The initial attendance of every student at every public school who has a life-threatening health condition is conditioned upon:

(a) Presentation by the parent of a medication or treatment order addressing any life-threatening health condition the child has that may require medical services to be performed at the school; and

(b) Formulation of a nursing plan to implement the order.

The parent shall also provide any medication or equipment identified in the medication or treatment order necessary to carry out the order, unless the school district is required to provide the medication or equipment as a related service under federal law.

(4) The chief administrator of each public school shall prohibit the further attendance of each student already in attendance for whom a medication or treatment order has not been provided if the child has a life-threatening health condition that may require medical services to be performed at the school. Any such exclusion shall be preceded by written notice as set forth in WAC 180-38-050. If written notice has not been provided, any exclusion shall be stayed until notice is received by a parent. The school shall continue to prohibit the child's presence until the school:

(a) Receives a medication or treatment order and any medication or equipment identified in the order necessary to carry out the order, unless the school district is required to provide such medication or equipment as a related service under federal law; and

(b) Has a nursing plan in place.

A new medication or treatment order must be submitted whenever there are changes in the medication or treatment needs of the child. The nursing plan shall be amended accordingly.

(5) Upon receipt of a medication or treatment order, the school shall develop a nursing plan.

(6) The requirements of this chapter shall be applied consistent with the requirements of section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).))

[Statutory Authority: RCW 28A.210.160. 02-24-019, 180-38-045, filed 11/26/02, effective 12/27/02. Statutory Authority: 1990 c 33. 90-17-009, 180-38-045, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.31.118. 85-20-040 (Order 20-85), 180-38-045, filed 9/25/85.]


AMENDATORY SECTION(Amending WSR 02-24-019, filed 11/26/02, effective 12/27/02)

WAC 180-38-050   Written notice prior to exclusions from private school.   (1) Private schools must provide written notice to parents prior to excluding students from school for failure to comply with WAC 180-38-045.

(2) ((The written notice for public school students shall:

(a) Be delivered in person or by certified mail and provided to parents in their native language if feasible.

(b) Inform the appropriate parents of the applicable laws and implementing rules. In addition to notification of the applicable laws and regulations, a copy of the laws and regulations shall be included with the notice.

(c) In cases of exclusion due to lack of proof of immunization, provide information regarding immunization services that are available from or through the local health department and other public agencies.

(d) Order the student excluded from school and state that such order is effective immediately upon receipt of the notice.

(e) Describe the rights of the parents and student to a hearing, describe the hearing process, and explain that the exclusion continues until either the necessary proof of immunization, or medication or treatment plan is received, or until a hearing officer determines that the student is no longer excluded from school.

(3))) The written notice for private school students shall:

(a) Inform the appropriate party of the applicable laws and provide copies of such law and implementing rules.

(b) Provide information regarding immunization services that are available from or through the local health department or other public agencies.

(c) Order the exclusion of the student from school and state that such order is effective upon receipt of the notice.

[Statutory Authority: RCW 28A.210.160. 02-24-019, 180-38-050, filed 11/26/02, effective 12/27/02. Statutory Authority: 1990 c 33. 90-17-009, 180-38-050, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.31.118. 85-20-040 (Order 20-85), 180-38-050, filed 9/25/85.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 180-38-080 Prehearing and hearing process.

Washington State Code Reviser's Office