WSR 05-10-061

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 2, 2005, 3:46 p.m. ]

Title of Rule and Other Identifying Information: State institutional education program -- Eligible programs, WAC 392-122-205.

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 typographical error in an RCW reference, from RCW 13.40.030 to 13.40.020 in the definition of "detention facility." There is no impact to the definition of students eligible for institution education funding and no change to existing rules.

Reasons Supporting Proposal: WAC 392-122-205(2) currently states: "Juvenile detention center -- i.e., facilities meeting the definition of a 'detention facility' in RCW 13.40.030." The correct RCW reference for the definition of "detention facility" is RCW 13.40.020. This was a typographical error that is being corrected.

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-8077.1


AMENDATORY SECTION(Amending WSR 01-24-002, filed 11/21/01, effective 12/22/01)

WAC 392-122-205   State institutional education program -- Eligible programs.   Programs supported as state institutional education programs include those provided in:

(1) State operated group homes -- i.e., facilities maintained by the division of juvenile rehabilitation of the department of social and health services to house adjudicated youth twenty-four hours a day;

(2) Juvenile detention centers -- i.e., facilities meeting the definition of a "detention facility" in RCW ((13.40.030)) 13.40.020.

(3) Institutions for juvenile delinquents -- i.e., facilities maintained by the division of juvenile rehabilitation of the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts.

(4) Residential habilitation centers -- i.e., facilities maintained by the division of developmental disabilities of the department of social and health services for care and treatment of persons with exceptional needs by reason of mental and/or physical deficiency.

(5) Adult correctional facilities housing juveniles -- i.e., facilities maintained by the state department of corrections for juvenile inmates under eighteen years of age.

[Statutory Authority: RCW 28A.150.290. 01-24-002, 392-122-205, filed 11/21/01, effective 12/22/01. Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-205, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 95-08-025, 392-122-205, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), 392-122-205, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), 392-122-205, filed 10/2/84.]

Washington State Code Reviser's Office