WSR 07-13-090

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 19, 2007, 1:02 p.m. , effective July 20, 2007 ]


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

Purpose: Where a school district resides in a county which was declared a state of emergency proclamation by the governor and a district-wide closure exists, the superintendent may consider school district application to have met the "reasonable effort" test by providing at least the district-wide annual average total instruction hour offerings (1000 hours).

Statutory Authority for Adoption: RCW 28A.41.170(2).

Adopted under notice filed as WSR 07-09-040 on April 11, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 19, 2007.

Dr. Terry Bergeson

State Superintendent

OTS-9498.1


AMENDATORY SECTION(Amending Order 22, filed 12/20/89, effective 1/20/90)

WAC 392-129-105   Definition -- Reasonable effort.   As used in this chapter, "reasonable effort" means the:

(1) Extension of the school year to and through June 14th; and

(2) Use of scheduled vacation days and foreseeable school closure days, to attain the minimum number of school days and ((program hour offerings, teacher contact hours, and course mix and percentages)) district-wide annual average total instruction hour offerings required by law. In no case, except as provided in subsection (3) of this section, shall a school district be considered to have made a reasonable effort unless at least three school days, per incident, and ((program hour offerings, teacher contact hours, and course mix percentage)) district-wide annual average total instruction hour offerings which have been lost have in fact been made up.

(3) Where a school district resides in a county which was declared a state of emergency proclamation by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the emergency impacted district-wide facilities or operations, the superintendent may consider school district applications to have met the "reasonable effort" test by providing at least the district-wide annual average total instruction hour offerings.

[Statutory Authority: RCW 28A.41.170(2). 90-01-141 (Order 22), 392-129-105, filed 12/20/89, effective 1/20/90.]

Washington State Code Reviser's Office