PERMANENT RULES
PUBLIC INSTRUCTION
Effective Date of Rule: Thirty-one days after filing.
Purpose: The superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year where the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.
Citation of Existing Rules Affected by this Order: Amending WAC 392-129-150.
Statutory Authority for Adoption: RCW 28A.41.170(2).
Adopted under notice filed as WSR 08-09-003 on April 3, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2008.
Dr. Terry Bergeson
State Superintendent
OTS-1303.1
AMENDATORY SECTION(Amending Order 22, filed 12/20/89,
effective 1/20/90)
WAC 392-129-150
School emergency closure -- Implementation
of superintendent of public instruction's determination of
eligibility.
If the superintendent of public instruction
determines that the school district has provided a conclusive
demonstration that one or more unforeseen natural events,
mechanical failures, or actions or inactions by one or more
persons prevented the school district from operating the
school, the school district shall receive its full annual
allocation of state moneys. However, the superintendent of
public instruction may only excuse the school district for up
to two scheduled school days per incident and not for more
than three scheduled school days per school year. Provided,
the superintendent may excuse more than two scheduled school
days per incident or three scheduled school days per year
where the school is located in a county which was subject to a
state of emergency declaration by the governor due to fire,
flood, explosion, storm, earthquake, epidemic, or volcanic
eruption, and the event giving rise to the emergency
declaration prevented operation of the school.
If the district did not conclusively demonstrate that it was prevented from operating the school(s), its allocation of state moneys shall be reduced by:
(1) Dividing the number of days lost by one hundred eighty;
(2) Multiplying the result obtained in subsection (1) of this section by the annual average full-time equivalent enrollment in the school; and
(3) Dividing the result obtained in subsection (2) of this section by the annual average full-time equivalent enrollment in the school district.
[Statutory Authority: RCW 28A.41.170(2). 90-01-141 (Order 22), § 392-129-150, filed 12/20/89, effective 1/20/90.]