WSR 06-17-038

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed August 8, 2006, 10:07 a.m. , effective September 8, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To comply with state statutes enacted on June 7, 2006 (E2SHB 3098, sections 308, 322, 325, 501 through 509) that transfers statutory authority from the Washington state board of education (SBE) to the office of superintendent of public instruction (OSPI) to adopt rules governing determination of remote and necessary schools, establishment of secondary programs in nonhigh school districts, or any new grades in grades nine through twelve. Rule changes serve only to indicate transfer of authority from SBE to OSPI and will not change existing requirements.

Citation of Existing Rules Affected by this Order: Amending WAC 180-16-241, 180-16-242, 180-16-243, chapters 180-24, 180-56 WAC.

Statutory Authority for Adoption: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3).

Adopted under notice filed as WSR 06-12-106 on June 7, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 25, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 8, 2006.

Dr. Terry Bergeson

Superintendent

OTS-8950.1


AMENDATORY SECTION(Amending WSR 05-13-061, filed 6/10/05, effective 6/10/05)

WAC 180-16-241   Remote and necessary small school plants -- Purpose and authority.   (1) The purpose of WAC ((180-24-400 through 180-24-420)) 392-349-005 through 392-349-015 is to establish policies and procedures to govern the classification of small school plants as remote and necessary.

(2) The authority for WAC ((180-24-400 through 180-24-420)) 392-349-005 through 392-349-015 is the state Operating Appropriations Act which allocates funds to school districts for small school plants which have been judged by the ((state board of education)) superintendent of public instruction to be remote and necessary.

[05-13-061, recodified as 180-16-241, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 sp.s. c 6 502 (i)(e). 02-14-113, 180-24-400, filed 7/2/02, effective 8/2/02; 95-20-055, 180-24-400, filed 10/2/95, effective 11/2/95.]


AMENDATORY SECTION(Amending WSR 05-13-061, filed 6/10/05, effective 6/10/05)

WAC 180-16-242   Remote and necessary small school plants -- Criteria.   (1) Decisions of the ((state board of education)) superintendent of public instruction on granting remote and necessary status to small school plants within school districts shall be based on a finding that granting remote and necessary status is necessary to assure reasonable provision of a basic education program to students, including related services, equipment, materials and supplies.

(2) In making the finding under subsection (1) of this section, the ((state board of education)) superintendent of public instruction shall consider, including but not limited to, the factors under (a) through (((g))) (e) of this subsection. No single factor or combination of factors necessarily warrants granting or denying remote and necessary status. However, it shall be the policy of the ((state board of education)) superintendent of public instruction to favor those requests which, in the ((board's)) superintendent of public instruction's judgment, meet the provisions of this section. "Favor" does not mean that the listed factors are necessarily exclusive. Additional factors and considerations may be included in a particular request. If there is a factual situation that falls outside the scope of all or a portion of the listed factors, the ((state board)) superintendent of public instruction may consider the facts and reasons the additional factors or considerations support the request.

(a) The student population to be served at the small school site, must meet the small school funding formula for remote and necessary school plants as provided in the Operating Appropriations Act. The grade span served at the small school site shall include the same levels for eligible students established by the district for other elementary, middle, or high schools of the district, and meet the educational needs of the population served by that small school plant.

(b) Existence of an intact, permanent community which is defined as a geographically site-specific, nontransient group of people. This factor must be met.

(c) Transportation: Travel time to another school in the district, or school in another district, is not less than sixty minutes one way, or international boundary crossing processing time is unpredictable or lengthy or both.

(d) Transportation: Student safety from a small school site in the school district to another school in the district, or school in another district, may be at risk due to the condition of roads or waterways, seasonal weather conditions, or topography.

(e) Operational efficiency: Nonavailability of age appropriate grade level or cooperative programs in other school facilities in the district, or in the next nearest district or districts, or other educational organizations approved or recognized by the ((state board of education or the)) superintendent of public instruction.

(((3) At its discretion, the state board of education may use as guidance the applicable provisions of WAC 180-24-013, 180-24-016, and 180-24-017.))

[05-13-061, recodified as 180-16-242, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 c 6 502 (i)(e). 02-14-113, 180-24-410, filed 7/2/02, effective 8/2/02. Statutory Authority: 1994 1st sp.s. c 6 502 (1)(e). 97-21-069, 180-24-410, filed 10/15/97, effective 11/15/97. Statutory Authority: 1994 sp.s. c 6 502(i)(e). 95-20-055, 180-24-410, filed 10/2/95, effective 11/2/95.]


AMENDATORY SECTION(Amending WSR 05-13-061, filed 6/10/05, effective 6/10/05)

WAC 180-16-243   Remote and necessary small school plants -- Review committee.   (1) There is hereby established by the ((state board of education)) superintendent of public instruction a remote and necessary review committee comprised of at least the following five members:

(a) One member of the state board of education selected by the president of the board;

(b) Two staff members from the office of the superintendent of public instruction, one who is knowledgeable about finance issues and one who is knowledgeable about curriculum issues, both selected by the state superintendent;

(c) One school director selected by the Washington State School Directors' Association;

(d) One school district administrator selected by the Washington Association of School Administrators;

(2) Vacancies on the review committee shall be filled by the person or organization responsible for appointments.

(3) At the ((state board of education's)) discretion of the superintendent of public instruction, other members may be added to the review committee.

(4) It is the responsibility of the review committee to receive and review all applications from school districts requesting the ((state board of education)) superintendent of public instruction to grant remote and necessary status to a small school plant located in the district. Following the review of applications, the review committee shall recommend to the ((state board)) superintendent of public instruction whether such designation should be granted. Recommendations of the review committee shall be advisory only. The final determination rests solely with the ((state board of education)) superintendent of public instruction.

(5) Every small school plant with remote and necessary status beginning 1996, shall be reviewed every four years by the review committee and the ((state board)) superintendent of public instruction. The review committee shall submit its findings and recommendations to the ((state board)) superintendent of public instruction. The review committee may conduct the review on-site, with the number of members participating determined by the committee, or may conduct the review by other means as determined by the committee. The ((state board)) superintendent of public instruction shall provide to the fiscal committees of the legislature in January of odd-numbered years a list of remote and necessary small school plants.

(6) A small school plant shall lose its remote and necessary status if the number of students exceeds the enrollment requirements set forth in the state Operating Appropriations Act for three consecutive years. The loss of remote and necessary status shall take effect the immediate ensuing school year. If a small school site should lose its remote and necessary status, the local serving school district may continue to maintain and operate the school site. When the enrollment of such small school plant again meets the requirements of the state Operating Appropriations Act, the school district may apply to the ((state board of education)) superintendent of public instruction for redesignation as a remote and necessary plant.

(7) A small school plant shall lose its remote and necessary status if a local school district closes the small school plant. If the small school plant is reopened by the district, or a new small school plant is opened, the school district may apply to the ((state board of education)) superintendent of public instruction for remote and necessary designation for the small school plant. If such designation is granted, the remote and necessary status shall take effect as determined by the ((state board of education)) superintendent of public instruction.

[05-13-061, recodified as 180-16-243, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 sp.s. c 6 502 (i)(e). 02-14-113, 180-24-415, filed 7/2/02, effective 8/2/02. Statutory Authority: 1994 1st sp.s. c 6 502 (1)(e). 97-21-069, 180-24-415, filed 10/15/97, effective 11/15/97. Statutory Authority: 1994 sp.s. c 6 502(i)(e). 95-20-055, 180-24-415, filed 10/2/95, effective 11/2/95.]


NEW SECTION


The following chapter of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
180-16-241 392-349-005
180-16-242 392-349-010
180-16-243 392-349-015

OTS-8947.1


AMENDATORY SECTION(Amending WSR 05-19-112, filed 9/20/05, effective 10/21/05)

WAC 180-24-00701   Regional committee decision making criteria.   (1) The regional committee shall give consideration to all of the following criteria when reviewing the proposed transfer of territory:

(a) Student educational opportunities (see RCW 28A.315.205 (4)(a) for full text);

(b) Safety and welfare of pupils (see RCW 28A.315.205 (4)(b) for full text);

(c) History and relationship of the property affected to the students and communities affected (see RCW 28A.315.205 (4)(c) for full text). "Communities affected" includes all citizens living within the territory proposed to be transferred, all other citizens residing within the school district from which the proposed territory will be transferred, all citizens living within the immediate locale/neighborhood of which the proposed territory will become part, and all citizens residing within the school district to which the proposed territory will be transferred;

(d) Geographic accessibility (see RCW 28A.315.205 (4)(d) for full text);

(e) Disparities in per pupil valuation, economies of operation and transportation costs (see RCW 28A.315.205 (4)(e) for full text); and

(f) Other criteria or considerations as may be established in rule by the ((state board of education)) superintendent of public instruction. (RCW 28A.315.015 (2)(e).)

(2) The boundaries of the school districts affected by a proposed change in school district organization shall be contiguous to one another.

(3) Under RCW 28A.315.205(4), "geographic accessibility" includes, but is not limited to, consideration of the following factors:

(a) Mountains, hills, valleys, wasteland, and related geographic and man-made features, which either enhance or impede travel.

(b) Rivers, lakes, canals, and other natural or man-made waterways and bodies of water, which either enhance or impede travel.

(c) The extent and nature of roads, highways, ferries, and traffic patterns.

(d) Climatic conditions.

(e) Time required to travel to and from school.

(4) In considering student educational opportunities under subsection (1)(a) of this section, the regional committee shall not consider one set of test scores, alone, as a sufficient basis to make a judgment about student educational opportunities. Test scores in the districts affected by the proposed transfer of territory shall be looked at in context, including over time and by disaggregating the scores by student subgroups.

(5) In considering geographic accessibility under subsection (1)(d) of this section, the regional committee shall make one judgment on geographic accessibility, regardless of how many individual components may apply to the particular transfer of territory petition.

(6) Each regional committee shall use the same criterion checklist included in the Lay ((Persons's)) Person's Guide to School District Boundaries and published on the ((state board of education and)) superintendent of public instruction web site((s)).

(7) If a regional committee needs to continue a public hearing or schedule more than one additional hearing on a proposed transfer of territory, each such hearing is subject to public notice requirements.

(8) Regional committees shall use the decision format (motion) included in the Lay Person's Guide to School District Boundaries and published on the ((state board of education and)) superintendent of public instruction web site((s)).

[Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. 05-19-112, 180-24-00701, filed 9/20/05, effective 10/21/05. Statutory Authority: Chapter 28A.315 RCW. 03-23-040, 180-24-00701, filed 11/12/03, effective 12/13/03. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-00701, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-105   Election of regional committee members -- Applicable provisions.   In addition to the provisions of RCW 28A.315.105 through 28A.315.145, the provisions of WAC ((180-24-105 through 180-24-190)) 392-340-105 through 392-340-190 shall apply to the election of regional committee members.

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-105, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-115   Election of regional committee members -- Dissolution -- Position numbers -- Initial elections -- Regular elections -- Terms of office.   (1) Elections for members of regional committees shall be conducted within the time periods noted in WAC ((180-24-120 through 180-24-190)) 392-340-120 through 392-340-190.

(2) Regional committee member position numbers shall be assigned by the educational service district superintendent for purposes of all elections held pursuant to RCW 28A.315.125. For the election of a new regional committee following a change in the number of educational service districts or board members, regional committee member positions one, three, five, seven, and nine shall be for a term of two years, positions two, four, six, and eight shall be for a term of four years.

(3) Regular elections of regional committee members shall be conducted in even-numbered years for four-year terms and until their successors are certified as elected: Provided, That whenever a change in the number of educational service districts or board members occurs, a new regional committee shall be elected for each affected educational service district at the next regular election.

(4) Those regional committee members serving within an educational service district affected by the change shall continue to constitute the regional committee for the educational service district within which they are registered to vote until the majority of a new regional committee has been elected and certified at the next regular election.

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, amended and recodified as 180-24-115, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.305.130(10), 28A.315.010(1) and 1993 c 416. 94-13-018, 180-24-310, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-1150 and 180-24-310, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-130   Election of regional committee members -- Candidates -- Eligibility -- Filing.   (1) Eligibility. A person is eligible to be a candidate for membership on the regional committee if he or she is a registered voter and a resident of the committee member district for which the candidate files. Eligibility is restricted pursuant to RCW 28A.315.115.

(2) Forms for filing. A person who desires to be a candidate shall complete:

(a) The declaration of candidacy and affidavit form provided for in WAC ((180-24-135)) 392-340-135; and

(b) The biographical data form provided for in WAC ((180-24-140)) 392-340-140: Provided, That a declarant may elect not to submit biographical data.

(3) Filing period. The filing period for candidates for a position on a regional committee is from October first through October fifteenth of each even-numbered year. Any declaration of candidacy that is not received by the educational service district superintendent on or before 5:00 p.m. October fifteenth shall not be accepted and such a declarant shall not be a candidate: Provided, That any declaration that is postmarked on or before midnight October fifteenth and received by mail on or before 5:00 p.m. October twentieth shall be accepted: Provided further, That any declaration received pursuant to the United States mail on or before 5:00 p.m. October twentieth that is not postmarked or legibly postmarked shall also be accepted.

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, amended and recodified as 180-24-130, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.305.130(10), 28A.315.010(1) and 1993 c 416. 94-13-018, 180-24-320, filed 6/3/94, effective 7/4/94. Statutory Authority: 1990 c 33. 90-17-009, 180-24-320, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-130 and 180-24-320, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-145   Election of regional committee members -- Withdrawal of candidacy.   (1) Any candidate may withdraw his or her declaration of candidacy by delivering a written, signed and notarized statement of withdrawal to the educational service district superintendent on or before 5:00 p.m. October twentieth. A candidate's failure to withdraw as prescribed above shall result in the inclusion of the candidate's name on the appropriate election ballot.

(2) A regional committee member district position shall be stricken from the ballot if no candidate files for the position within the timelines specified in WAC ((180-24-130)) 392-340-130.

(3) Board-member district positions which become vacant after the call of election specified in WAC ((180-24-125)) 392-340-125 shall be filled by appointment by the regional committee pursuant to RCW 28A.315.135 and the appointee shall serve until his or her successor has been elected at the next election called by the educational service district superintendent.

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-145, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-155   Election of regional committee members -- Ballots and envelopes -- Mailing to voters.   (1) On or before November first ballots shall be mailed to voters together with two envelopes to be used for voting. The outer and larger envelope (i.e., official ballot envelope) shall:

(a) Be labeled "official ballot";

(b) Be preaddressed with the educational service district superintendent as addressee;

(c) Have provision for prepaid postage; and

(d) Have provision for the identification of the voter, mailing address, his or her school district, and educational service district.

The inner and smaller envelope shall be unlabeled and unmarked.

(2) One ballot and two envelopes to be used for voting purposes and pertinent instructions for voting purposes shall be mailed to each member of a public school district board of directors as certified by the educational service district superintendent pursuant to WAC ((180-24-145)) 392-340-145.

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-155, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-190   Election of regional committee members -- Run-off elections.   (1) If no candidate receives a majority of the votes cast, then, not later than the first day of December, the educational service district superintendent shall call a second election to be conducted in the same manner as the first election and at which the candidates shall be the two candidates receiving the highest and next highest number of votes cast. No vote cast at such second election shall be received for counting if postmarked after the sixteenth day of December, or if not postmarked or the postmark is not legible, if received by mail after 5:00 p.m. of the twenty-first day of December. Votes cast at the second election shall be counted in accordance with WAC ((180-24-165 through 180-24-180)) 392-340-165 through 392-340-180 prior to the second Monday of January next following. The candidate receiving a majority of the votes cast at any such second election shall be declared elected.

(2) In the event of a tie in such second election, the candidate elected shall be determined by a chance drawing of a nature established by the educational service district superintendent.

[Statutory Authority: 1999 sp.s. c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-190, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 05-19-112, filed 9/20/05, effective 10/21/05)

WAC 180-24-195   Notification to ((state board of education)) the superintendent of public instruction of regional committee meetings.   The secretary of each regional committee -- i.e., the educational service district superintendent -- shall notify the ((state board of education)) superintendent of public instruction of all meetings of the regional committee.

[Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. 05-19-112, 180-24-195, filed 9/20/05, effective 10/21/05. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-195, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 05-19-112, filed 9/20/05, effective 10/21/05)

WAC 180-24-207   Transfer of territory -- Other district requirements.   (1) At least one member of each school board whose district is affected by a proposed transfer of territory must be part of the respective district's negotiating team.

(2)(a) Upon reaching a decision recommendation through the district-to-district negotiation process on a proposed transfer of territory, the negotiating parties shall produce, at a minimum, a written summary of the recommendation, including rationale for the recommendation, and submit to the respective affected school district boards of directors.

(b) Each school board of directors shall adopt at a public meeting of the board a written resolution indicating whether the board approves or disapproves the recommendation on the proposed transfer of territory. The resolution format included in the Lay Person's Guide to School District Boundaries and published on the ((state board of education and)) superintendent of public instruction web site((s)) shall be used.

[Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. 05-19-112, 180-24-207, filed 9/20/05, effective 10/21/05.]


AMENDATORY SECTION(Amending WSR 05-19-112, filed 9/20/05, effective 10/21/05)

WAC 180-24-209   Transfer of territory -- Sufficiency of written record for appeal to ((state board of education)) the superintendent of public instruction -- Referral of case back to regional committee.   (1) For purposes of review by the ((state board of education)) superintendent of public instruction, the record of regional committee proceedings must be sufficient to allow the ((state board of education)) superintendent of public instruction to determine what facts the regional committee relied on in applying the required statutory and regulatory criteria. Evidence of facts relied on may be contained in the written findings required in RCW 28A.315.205(2) or in a written verbatim transcript of the proceedings, or elsewhere in the record.

(2) When referring a transfer of territory case back to the originating regional committee, the ((state board of education)) superintendent of public instruction will make every effort to submit the written referral within fourteen days of ((its)) a decision.

[Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. 05-19-112, 180-24-209, filed 9/20/05, effective 10/21/05.]


AMENDATORY SECTION(Amending WSR 03-23-040, filed 11/12/03, effective 12/13/03)

WAC 180-24-220   Action by ((state board of education)) the superintendent of public instruction--When.   Pursuant to RCW 28A.315.205(5), the ((state board of education)) superintendent of public instruction shall act on a proposed transfer of territory only when there is an appeal to the ((board)) superintendent of public instruction of a decision of a regional committee.

[Statutory Authority: Chapter 28A.315 RCW. 03-23-040, 180-24-220, filed 11/12/03, effective 12/13/03. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-220, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 04-04-091, filed 2/3/04, effective 3/5/04)

WAC 180-24-225   Frequency of petitions -- Limitation.   (1) The authority for this section is RCW 28A.315.195(4) which authorizes the ((state board of education)) superintendent of public instruction to establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.

(2) An educational service district superintendent may not accept a petition to transfer territory if any portion of such territory was included in a previous petition brought before the regional committee, unless five years have expired since the date of final disposition of the previous petition.

[Statutory Authority: Chapter 28A.315 RCW. 04-04-091, 180-24-225, filed 2/3/04, effective 3/5/04.]


NEW SECTION


The following chapter of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
180-24-003 392-340-003
180-24-007 392-340-007
180-24-00701 392-340-00701
180-24-009 392-340-009
180-24-105 392-340-105
180-24-110 392-340-110
180-24-115 392-340-115
180-24-120 392-340-120
180-24-125 392-340-125
180-24-130 392-340-130
180-24-135 392-340-135
180-24-140 392-340-140
180-24-145 392-340-145
180-24-150 392-340-150
180-24-155 392-340-155
180-24-160 392-340-160
180-24-165 392-340-165
180-24-170 392-340-170
180-24-175 392-340-175
180-24-180 392-340-180
180-24-185 392-340-185
180-24-190 392-340-190
180-24-195 392-340-195
180-24-197 392-340-197
180-24-205 392-340-205
180-24-207 392-340-207
180-24-209 392-340-209
180-24-210 392-340-210
180-24-213 392-340-213
180-24-220 392-340-220
180-24-225 392-340-225
180-24-335 392-340-335

OTS-8948.1


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-56-205   New secondary program or new grades nine through twelve -- Regulatory provisions pursuant to RCW 28A.305.130(5).   Pursuant to provisions of RCW 28A.305.130(5), the ((state board of education)) superintendent of public instruction hereby establishes rules and regulations as hereinafter set forth in WAC ((180-56-210 through 180-56-270)) 392-348-210 through 392-348-270 to govern the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve.

[Statutory Authority: 1990 c 33. 90-17-009, 180-56-205, filed 8/6/90, effective 9/6/90; Order 6-76, 180-56-205, filed 6/1/76; SBE 56-8-50, filed 3/29/65, effective 4/29/65.]


AMENDATORY SECTION(Amending SBE 56-8-51, filed 3/29/65, effective 4/29/65)

WAC 180-56-210   Basic policy.   Believing that the welfare of the state and its children require secondary schools which (1) can provide a comprehensive program broad enough to meet the varied needs, abilities and interests of students, (2) are adequately staffed with certified teachers assigned to teach in their fields of competency, (3) are administered by properly certified personnel, (4) can provide adequate pupil-personnel service, (5) can provide school plant facilities suitable to the type of organization and program offered, (6) can give assurance of financial ability and willingness to construct, maintain and operate the facility, and (7) do not duplicate existent educational facilities and/or programs, it shall be the policy of the ((state board of education)) superintendent of public instruction to approve applications for the establishment in any high school district of any secondary program or any new grades in grades nine through twelve only when there is evidence that the foregoing conditions can be fulfilled.

[SBE 56-8-51, filed 3/29/65, effective 4/29/65; Emergency and Permanent Rule, filed 6/21/63.]


AMENDATORY SECTION(Amending SBE 56-8-52, filed 3/29/65, effective 4/29/65)

WAC 180-56-215   Procedure.   A secondary program or any new grades nine through twelve may not be established in any existing nonhigh school district except upon prior approval by the ((state board of education)) superintendent of public instruction. Application for approval to establish any such program or any new grades shall be made to the state superintendent of public instruction by the school authorities of the applicant district. The state superintendent of public instruction shall review the application in light of ((state board of education)) rules and regulations relating thereto and ((shall submit his)) in consideration of the findings and recommendations ((to the state board)) of staff and agents of the superintendent of public instruction.

[SBE 56-8-52, filed 3/29/65, effective 4/29/65.]


AMENDATORY SECTION(Amending SBE 56-8-53, filed 3/29/65, effective 4/29/65)

WAC 180-56-220   Regulations -- Purpose.   In order to assure an educational program and school facilities which will meet the requirements of the basic policy stated in WAC ((180-56-210 above)) 392-348-210, the specific regulations hereinafter in WAC ((180-56-230 through 180-56-270)) 392-348-230 through 392-348-270 set forth shall be applied in considering applications from nonhigh school districts.

[SBE 56-8-53, filed 3/29/65, effective 4/29/65; Emergency and Permanent Rule, filed 6/21/63.]


AMENDATORY SECTION(Amending WSR 00-13-038, filed 6/14/00, effective 7/15/00)

WAC 180-56-230   Program.   It is presumed by the ((state board of education)) superintendent of public instruction that a new secondary program (or new grades nine through twelve) must make provision for a comprehensive program. Minimum course offerings that must be available for student selection during grades nine through twelve shall include those necessary to meet the minimum high school graduation requirements under WAC 180-51-060.

[Statutory Authority: RCW 28A.04.120(5). 00-13-038, 180-56-230, filed 6/14/00, effective 7/15/00; 82-04-003 (Order 2-82), 180-56-230, filed 1/21/82; SBE 56-8-530, filed 3/29/65, effective 4/29/65; Emergency and Permanent Rule, filed 6/21/63.]


AMENDATORY SECTION(Amending SBE 56-8-533, filed 3/29/65, effective 4/29/65)

WAC 180-56-245   Specialized services.   Full-time library and instructional materials services shall be provided by a librarian qualified in accordance with standards adopted by the ((state board of education)) superintendent of public instruction.

A minimum of one full-time person, or equivalent, shall be provided for counseling and guidance services. Personnel assigned to part-time or full-time counseling and guidance responsibilities shall have a minimum of one year of training beyond the bachelor's degree including course work in each of the following areas: Principles and practices of guidance; techniques of counseling; occupational and educational information; testing, measurement and evaluation; and foundations of psychology, preferably including developmental psychology and learning theory.

Provision shall be made for exceptional children including those with high ability or special talent, those who are slow learners and those who are physically handicapped.

Adequate health services shall be provided by the district or by the district in cooperation with other districts and/or agencies.

[SBE 56-8-533, filed 3/29/65, effective 4/29/65; Emergency and Permanent Rule, filed 6/21/63.]


AMENDATORY SECTION(Amending SBE 56-8-535, filed 3/29/65, effective 4/29/65)

WAC 180-56-255   Interdistrict relationships.   Prior to application to the ((state board)) superintendent of public instruction for the establishment of a new secondary school, the district or districts presently serving students living in the nonhigh school district shall have been given adequate notice of the intent of the nonhigh school district subsequently to withdraw students.

The board of directors of the nonhigh school district seeking approval of the establishment of a new secondary school shall submit evidence that students living in the nonhigh school district cannot be economically and reasonably served in an existing high school or high schools.

There must be adequate proof that the proposed secondary facilities will not duplicate facilities already constructed with state and/or recommended federal assistance when such assistance was predicated on educational service to the nonhigh school district or districts: Provided, That the nonhigh school district may petition the ((state board of education)) superintendent of public instruction for a feasibility study of the establishment of a high school when the existing high school district facilities reach designated maximum utilization and new construction is needed.

Evidence shall be submitted that unreasonable duplication of transportation routes and/or facilities will not result from the establishment of the new secondary school.

[SBE 56-8-535, filed 3/29/65, effective 4/29/65; Emergency and Permanent Rule, filed 6/21/63.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-56-260   New secondary program or new grades nine through twelve -- School district organization.   The proposal for establishment of a new secondary school must be consistent with sound, comprehensive planning for secondary school facilities and services and shall be in agreement with provisions of chapter 28A.315 RCW and any subsequent statutory provisions or policies established by the ((state board of education)) superintendent of public instruction pertaining thereto.

[Statutory Authority: 1990 c 33. 90-17-009, 180-56-260, filed 8/6/90, effective 9/6/90; Order 6-76, 180-56-260, filed 6/1/76; SBE 56-8-536, filed 3/29/65, effective 4/29/65; Emergency and Permanent Rule, filed 6/21/63.]


AMENDATORY SECTION(Amending SBE 56-8-537, filed 3/29/65, effective 4/29/65)

WAC 180-56-265   Establishment of new grade or grades.   In the establishment of one or more new grades in grades nine through twelve, the principle set forth in WAC ((180-56-205 through 180-56-260)) 392-348-205 through 392-348-260 above concerning program, specialized services, staff and corps and size of respective grade or grades as related to potential total enrollment of the proposed secondary school shall apply: Provided, That the school district shall have satisfied all other requirements as herein prescribed. The establishment of each such grade shall be subject to prior approval by the ((state board of education)) superintendent of public instruction.

[SBE 56-8-537, filed 3/29/65, effective 4/29/65; Emergency and Permanent Rule, filed 6/21/63.]


AMENDATORY SECTION(Amending 180-56-270, filed 10/16/67, effective 7/1/68)

WAC 180-56-270   Exceptional cases.   In exceptional cases, the ((state board of education)) superintendent of public instruction will consider for special approval applications from schools with an initial enrollment of less than four hundred students and fewer than sixteen teachers and related personnel if in its judgment the establishment of a new high school may be desirable because of the remoteness of the area and the necessity for a program of secondary education.

[ 180-56-270, filed 10/16/67, effective 7/1/68; SBE 56-8-538, filed 3/29/65, effective 4/29/65; Emergency and Permanent Rule, filed 6/21/63.]


NEW SECTION


The following chapter of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
180-56-205 392-348-205
180-56-210 392-348-210
180-56-215 392-348-215
180-56-220 392-348-220
180-56-230 392-348-230
180-56-235 392-348-235
180-56-240 392-348-240
180-56-245 392-348-245
180-56-250 392-348-250
180-56-255 392-348-255
180-56-260 392-348-260
180-56-265 392-348-265
180-56-270 392-348-270

Washington State Code Reviser's Office