WSR 08-09-003

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 3, 2008, 11:49 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 392-129-150 School emergency closure -- Implementation of superintendent of public instruction's determination of eligibility. Provided, the superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year where the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.

Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Brouillet Conference Room, Olympia, WA 98504-7200, on May 27, 2008, at 9:00 a.m.

Date of Intended Adoption: May 28, 2008.

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 23, 2008.

Assistance for Persons with Disabilities: Contact Fatima Salahuddin by May 23, 2008, 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, individual schools in school districts were only allowed a waiver for two scheduled school days per incident or three scheduled school days per year. With the new language addition, the office of superintendent of public instruction (OSPI) is offering some relief to individual schools in districts hit hard by this year's winter storms.

Reasons Supporting Proposal: We believe that this WAC will give schools in 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 392-129-150.

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

Name of Proponent: [OSPI], 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 3, 2008

Dr. Terry Bergeson

State Superintendent

OTS-1303.1


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

WAC 392-129-150   School emergency closure -- Implementation of superintendent of public instruction's determination of eligibility.   If the superintendent of public instruction determines that the school district has provided a conclusive demonstration that one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons prevented the school district from operating the school, the school district shall receive its full annual allocation of state moneys. However, the superintendent of public instruction may only excuse the school district for up to two scheduled school days per incident and not for more than three scheduled school days per school year. Provided, the superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year where the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.

If the district did not conclusively demonstrate that it was prevented from operating the school(s), its allocation of state moneys shall be reduced by:

(1) Dividing the number of days lost by one hundred eighty;

(2) Multiplying the result obtained in subsection (1) of this section by the annual average full-time equivalent enrollment in the school; and

(3) Dividing the result obtained in subsection (2) of this section by the annual average full-time equivalent enrollment in the school district.

[Statutory Authority: RCW 28A.41.170(2). 90-01-141 (Order 22), 392-129-150, filed 12/20/89, effective 1/20/90.]

Washington State Code Reviser's Office