Preproposal statement of inquiry was filed as WSR 98-09-091.

Title of Rule: Chapter 392-141 WAC, Transportation--State allocation for operations.

Purpose: The purpose is to amend WAC 392-141-146, 392-141-148, 392-141-150, 392-141-160 and add a new section. These amendments will allow in some cases, basic education students to ride on school buses previously required to exclusively transport special students.

Statutory Authority for Adoption: RCW 28A.150.290.

Summary: The amendments more clearly define basic and special transportation and add a new section to define those transportation routes that are allowed to be combined.

Reasons Supporting Proposal: These amendments will allow school districts to more efficiently utilize their fleets of school buses and therefore reducing expenditure.

Name of Agency Personnel Responsible for Drafting: Rick Wilson, Office of Superintendent of Public Instruction, (360) 753-2298; Implementation: Tom Kelly, Office of Superintendent of Public Instruction, (360) 753-2298; and Enforcement: Roger Eastman, Office of Superintendent of Public Instruction, (360) 753-2298.

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: There should not be a fiscal impact to the state.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes more clearly define basic, kindergarten, and special transportation. The new section is a new definition of those routes that may be combined. The change in WAC 392-141-160 clarifies that the superintendent is the Superintendent of Public Instruction.

The anticipated effect of this rule change is to allow school districts more flexibility in routing their school buses and the possible savings in expenditures at no cost to the state.

Proposal Changes the Following Existing Rules: WAC 392-141-146, more clearly defines basic transportation; WAC 392-141-148, more clearly defines special transportation; WAC 392-141-150, more clearly defines midday transportation; new section WAC 392-141-152, defines combined transportation; and WAC 392-141-160, clarifies that the superintendent is the Superintendent of Public Instruction.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There should not be an economic impact.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Wanamaker Conference Room, 2nd Floor, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on August 4, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jim Rich by July 21, 1998, TDD (360) 664-3631, or (360) 753-6733.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, FAX (360) 753-4201, by August 3, 1998.

Date of Intended Adoption: August 5, 1998.

June 19, 1998

Terry Bergeson

Superintendent of

Public Instruction

AMENDATORY SECTION (Amending Order 92-03, filed 3/23/92, effective 4/23/92)

WAC 392-141-146  Definition--Basic transportation. As used in this chapter, "basic transportation" means students transported from home to school for their basic education and classified as either basic, transit tripper, in-lieu, private party contract or pass or token transportation. Basic transportation shall include those students who qualify under RCW 28A.155.020 for special services and are capable of protecting his or her own welfare while traveling to or from schools or agencies where special education services are provided and those students who qualify under RCW 28A.155.020 for gifted, bilingual, and homeless programs that do not require special transportation.

[Statutory Authority: RCW 28A.150.290. 92-08-024 (Order 92-03), § 392-141-146, filed 3/23/92, effective 4/23/92.]

AMENDATORY SECTION (Amending Order 92-12, filed 10/2/92, effective 11/2/92)

WAC 392-141-148  Definition--Special transportation. As used in this chapter, "special transportation" means students transported from home to school ((for their gifted, bilingual, or homeless programs, or)) for special education programs pursuant to chapter 28A.155 RCW and ((chapter 392-141 WAC)) who are either not ambulatory or capable of protecting his or her own welfare while traveling to or from schools or agencies where special education services are provided. Also included are students who require special transportation to special education, gifted, bilingual, or homeless programs located outside their basic transportation service area or at an alternative program time.

[Statutory Authority: RCW 28A.150.290. 92-20-063 (Order 92-12), § 392-141-148, filed 10/2/92, effective 11/2/92; 92-08-024 (Order 92-03), § 392-141-148, filed 3/23/92, effective 4/23/92.]

AMENDATORY SECTION (Amending Order 92-03, filed 3/23/92, effective 4/23/92)

WAC 392-141-150  Definition--Midday transportation. As used in this chapter, "midday transportation" means a separate route exclusively used for kindergarten and/or basic preschool students, except special education students, that is operated to or from home and between the beginning and end of the regular school day.

[Statutory Authority: RCW 28A.150.290. 92-08-024 (Order 92-03), § 392-141-150, filed 3/23/92, effective 4/23/92. Statutory Authority: RCW 28A.41.170. 84-15-025 (Order 84-26), § 392-141-150, filed 7/11/84.]

NEW SECTION

WAC 392-141-152  Definition--Combined transportation route. As used in this chapter, "combined transportation route" means a special transportation route as defined in WAC 392-141-148 on which a student or students, who would otherwise qualify for basic transportation as defined in WAC 392-141-146, are allowed to ride. The number of basic transportation students allowed on a designated combined route shall not exceed thirty percent of the actual number of seating positions on a type A school bus, twenty percent of the actual number of seating positions on a type B school bus, or ten percent of the actual number of seating positions on a type C or D school bus used on the combined route. If the total number of seating positions multiplied by the appropriate percentage results in a fractional number of students, the result shall be rounded to the next highest whole number.

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AMENDATORY SECTION (Amending Order 96-09, filed 7/25/96, effective 8/25/96)

WAC 392-141-160  District reporting and recordkeeping requirements. Annual or supplementary reports shall be submitted by each school district to the superintendent of public instruction prior to the third Monday in October. This report shall reflect to the extent practical the planned pupil transportation program for the entire school year and which is in operation during ridership count week. Reports shall be submitted with a cover letter signed by the chief school district administrator attesting to the completeness of the requirements below and the accuracy of the data contained therein. The superintendent of public instruction shall have the authority to make modifications or adjustments in accordance with the intent of RCW 28A.160.150, 28A.160.160, and 28A.160.170. Each district shall submit the data required on a timely basis as a condition to the continuing receipt of student transportation allocations. These reports shall be maintained for a period of three school years or until audited and include the following but are not limited to:

(1) School bus route logs completed in ink by bus drivers for five consecutive days. These logs shall include state school bus numbers, each bus stop, the number of students boarding the bus at each stop, and destination schools, transfer points, learning centers, or agencies; and

(2) The number of kindergarten through fifth grade students enrolled during ridership count week and living one radius mile or less from their destination school; and

(3) Other operational data and descriptions, as required by the superintendent of public instruction to determine operation allocation requirements for each district; and

(4) An annual school bus mileage report including the beginning and ending year odometer reading, the total miles for each bus for the school year, an estimate of to and from school mileage for the upcoming school year, and miles for extended day routes, field trips, extracurricular, and other contractual uses of school buses; and

(5) Copies of any and all correspondence, publications, news articles, or campaign materials which encourage ridership during count week of the report that is beyond the normal activity experienced during the school year. School districts shall not utilize incentive programs that provide tangible gifts to reward increases in ridership counts.

School districts shall maintain at least a weekly one-day route log containing the school bus driver's name, state bus number, route number, route type, day of the week, beginning and ending odometer readings, destinations, destination times and student counts. These route logs shall be maintained in the school district files for a period of three years or until audited.

[Statutory Authority: 1996 c 279 and RCW 28A.150.290. 96-16-010 (Order 96-09), § 392-141-160, filed 7/25/96, effective 8/25/96. Statutory Authority: RCW 28A.150.290. 94-17-058, § 392-141-160, filed 8/12/94, effective 9/12/94; 92-08-024 (Order 92-03), § 392-141-160, filed 3/23/92, effective 4/23/92. Statutory Authority: RCW 28A.41.170. 84-15-025 (Order 84-26), § 392-141-160, filed 7/11/84.]