WSR 99-18-033

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF EDUCATION


[ Filed August 25, 1999, 11:31 a.m. ]

Subject of Possible Rule Making: To qualify the right of students to question and confront witnesses by recognizing exceptions thereto.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.305.160.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current rules do not recognize that there are valid exceptions to the exercise of any right to cross examine witnesses and therefore impede the efficient and effective administration of student discipline in those cases involving valid exceptions; and the matter is in need of immediate clarification in light of the disruptive effects of the appellate court's decision in the Stone v. Prosser School District case and the imminent commencement of the 1999-2000 school year.

Process for Developing New Rule: Early solicitation of public comments and recommendations respecting new, amended or repealed rules, and consideration of the comments and recommendations in the course of drafting rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending written comments to Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, TDD (360) 664-3631. For telephone assistance contact Larry Davis, (360) 753-6715.

August 23, 1999

Larry Davis

Executive Director

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