WSR 07-14-115

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed July 3, 2007, 11:33 a.m. , effective July 3, 2007, 11:33 a.m. ]


Effective Date of Rule: Immediately.

Purpose: To revise current rules to allow the opportunity for institutional funding moneys to be paid to a school district where the services for the staffed residential rehabilitation home residents occurs in a school operated facility rather than at the rehabilitation home.

Citation of Existing Rules Affected by this Order: Amending WAC 392-122-205.

Statutory Authority for Adoption: RCW 28A.150.290.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The change is to allow the opportunity for institutional funding moneys to be paid to a school district where the services for the staffed residential rehabilitation home residents occurs in a school-operated facility rather than at the residential home.

It was found that one of the homes didn't have the space for educating the students and needed to send the students to the local school district for their education needs. The district will lose funding if the rule is not changed, making it a financial burden to a district that is already in financial trouble.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: July 3, 2007.

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-9854.1


AMENDATORY SECTION(Amending WSR 05-15-127, filed 7/18/05, effective 8/18/05)

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 13.40.020.

(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.

Programs providing educational services to youth in a residential rehabilitation center may include services provided at facilities controlled and operated by the school district providing those services.

(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. 05-15-127, 392-122-205, filed 7/18/05, effective 8/18/05; 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