WSR 05-10-060

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 2, 2005, 3:45 p.m. ]

Title of Rule and Other Identifying Information: State special education program -- Home and/or hospital care -- Extended absences, WAC 392-122-145.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY July 5, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To correct a WAC reference from WAC 392-171-486 to 392-172-218 in the definition of students eligible for home and/or hospital care. There is no impact to the definition of students eligible for home and/or hospital care and no change to existing rules.

Reasons Supporting Proposal: WAC 392-122-145 currently states: "Students eligible under WAC 392-171-486 temporarily requiring home and/or hospital care shall be counted as enrolled students pursuant to WAC 392-121-106 as follows...." WAC 392-171-486 was repealed effective November 11, 1995, and was replaced by WAC 392-172-218 Home/hospital instruction.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: RCW 28A.150.290.

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

Name of Proponent: Superintendent of Public Instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Jolynn Erickson, 600 South Washington Street, Olympia, (360) 725-6142; Implementation: Calvin W. Brodie, 600 South Washington Street, Olympia, (360) 725-6300; and Enforcement: Jennifer Priddy, 600 South Washington Street, Olympia, (360) 725-6292.

April 28, 2005

Marty Daybell

for Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-8076.1


AMENDATORY SECTION(Amending WSR 96-03-002, filed 1/3/96, effective 2/3/96)

WAC 392-122-145   State special education program -- Home and/or hospital care -- Extended absences.   Students eligible under WAC ((392-171-486)) 392-172-218 temporarily requiring home and/or hospital care shall be counted as enrolled students pursuant to WAC 392-121-106 as follows:

(1) Students not deemed eligible special education students pursuant to WAC 392-122-135 whose absence from the regular attendance continues through two consecutive monthly enrollment report days shall be dropped from the rolls and shall not be counted as an enrolled student on the next monthly enrollment report day unless attendance has resumed. Such students shall only be eligible for home and/or hospital care allocations until attendance in the regular program is resumed.

(2) Students deemed eligible special education students pursuant to WAC 392-122-135 shall be reported as enrolled students for the duration of the home and/or hospital care.

[Statutory Authority: RCW 28A.150.290. 96-03-002, 392-122-145, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. 91-03-118 (Order 2), 392-122-145, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), 392-122-145, filed 10/2/84.]

Washington State Code Reviser's Office