WSR 05-19-099

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed September 20, 2005, 1:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-12-155.

Title of Rule and Other Identifying Information: WAC 180-38-005 Purpose and authority.

Hearing Location(s): Educational Service District 113, 601 McPhee Road S.W., Olympia, WA 98502, on October 27, 2005, at 8:30 a.m.

Date of Intended Adoption: October 28, 2005.

Submit Written Comments to: Larry Davis, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail ldavis@ospi.wednet.edu, fax (360) 586-2357, by October 13, 2005.

Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by October 13, 2005, TTY (360) 664-3631 or (360) 725-6025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is a technical correction to this section of the rule to remove an incomplete citing of authority that is not needed.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: RCW 28A.210.160.

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

Name of Proponent: State Board of Education, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, Washington, (360) 725-6025.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

September 15, 2005

Larry Davis

Executive Director

OTS-8373.1


AMENDATORY SECTION(Amending WSR 02-24-019, filed 11/26/02, effective 12/27/02)

WAC 180-38-005   Purpose and authority.   (1) The purpose of this chapter is to establish the procedural and substantive due process requirements governing the exclusion of students from public and private schools for failure to comply with the immunization requirement of the state of Washington or, in the case of public schools only, failure to present a medication or treatment order for a life-threatening health condition.

(2) The authority for this chapter is RCW 28A.210.160 ((and 28A.210.xxx)).

[Statutory Authority: RCW 28A.210.160. 02-24-019, 180-38-005, filed 11/26/02, effective 12/27/02. Statutory Authority: 1990 c 33. 90-17-009, 180-38-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.31.118. 85-20-040 (Order 20-85), 180-38-005, filed 9/25/85.]

Washington State Code Reviser's Office