WSR 11-24-038

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF EDUCATION


[ Filed December 2, 2011, 9:48 a.m. ]

Subject of Possible Rule Making: Amending WAC 180-18-040 governing reduction in waiver days authorized under the rule if the Washington state legislature enacts legislation reducing the number of school days to less than one hundred eighty school days; and deleting subsection (3) of the rule in its entirety.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.305.140.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 180-18-040 provides the authority for school districts to apply for a waiver from the minimum one hundred eighty day school year requirement in RCW 28A.150.220. WAC 180-18-050(3) provides a process for eligible school districts to develop and implement a plan for a maximum waiver of three school days per year from the one hundred eighty school day requirement in RCW 28A.305.140 under prescribed circumstances. Unlike subsection (1) waivers, a waiver under subsection (3) of WAC 180-18-050 is not required to occur at a state board of education (SBE) meeting prior to implementation. The SBE has conditioned all subsection (1) waivers to provide for a reduction in waiver days granted in any year by a number equal to the total number of school days a district reduces its school calendar for that year below the current one hundred eighty day statutory requirement in response to a change in legislation authorizing the reduction as a consequence of the state's economic plight. An amendment to WAC 180-18-040 will make it explicit that waivers granted under subsections (1) and (3) of WAC 180-18-050 will both be subject to the condition now placed on subsection (1) waivers. Additionally, the board will be amending WAC 180-18-040 to delete subsection (3) due to a change in legislation eliminating the student teacher ratio under RCW 28A.150.250 effective September 1, 2011.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies regulate this subject.

Process for Developing New Rule: SBE will notify school districts of the intended change to WAC 180-18-040 and give them an opportunity to provide comments prior to the filing of the CR-102.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Loy McColm, Washington State Board of Education, Old Capitol Building, P.O. Box 47206, Olympia, WA 98504, e-mail loy.mccolm@k12.wa.us, phone (360) 725-6025, fax (360) 586-2357.

December 2, 2011

Ben Rarick

Executive Director

Washington State Code Reviser's Office