WSR 07-09-040

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 11, 2007, 11:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-05-050.

Title of Rule and Other Identifying Information: WAC 392-129-105 Definition -- Reasonable effort, where a school district resides in a county which was declared a state of emergency proclamation by the governor and a district-wide closure exists, the superintendent may consider school district application to have met the "reasonable effort" test by providing at least the district-wide annual average total instruction hour offerings (1000 hours).

Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, Brouillet Conference Room, 600 South Washington, Olympia, WA 98504-7200, on May 25, 2007, at 9 a.m.

Date of Intended Adoption: May 28, 2007.

Submit Written Comments to: Jennifer Priddy, Assistant Superintendent, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail jennifer.priddy@k12.wa.us, fax (360) 664-3683, by May 24, 2007.

Assistance for Persons with Disabilities: Contact Tony May by May 24, 2007, TTY (360) 664-3631 or (360) 725-6000.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In the past, school districts were required to make-up the first three days of any closure incident and could apply for a waiver of the remaining days of the incident. With the new addition of subsection (3), the office of superintendent of public instruction is offering some relief to districts hit hard by this year's winter storms.

Reasons Supporting Proposal: We believe that this WAC will give school districts, families, and teachers some relief from the extreme weather impacts they have experienced earlier this school year by allowing some flexibility in scheduling the minimum required instructional hours.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: WAC 392-129-105.

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6111.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

April 11, 2007

Catherine Davidson, Ed.D.

Chief of Staff

OTS-9498.1


AMENDATORY SECTION(Amending Order 22, filed 12/20/89, effective 1/20/90)

WAC 392-129-105   Definition -- Reasonable effort.   As used in this chapter, "reasonable effort" means the:

(1) Extension of the school year to and through June 14th; and

(2) Use of scheduled vacation days and foreseeable school closure days, to attain the minimum number of school days and ((program hour offerings, teacher contact hours, and course mix and percentages)) district-wide annual average total instruction hour offerings required by law. In no case, except as provided in subsection (3) of this section, shall a school district be considered to have made a reasonable effort unless at least three school days, per incident, and ((program hour offerings, teacher contact hours, and course mix percentage)) district-wide annual average total instruction hour offerings which have been lost have in fact been made up.

(3) Where a school district resides in a county which was declared a state of emergency proclamation by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the emergency impacted district-wide facilities or operations, the superintendent may consider school district applications to have met the "reasonable effort" test by providing at least the district-wide annual average total instruction hour offerings.

[Statutory Authority: RCW 28A.41.170(2). 90-01-141 (Order 22), 392-129-105, filed 12/20/89, effective 1/20/90.]

Washington State Code Reviser's Office