WSR 10-15-041

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed July 13, 2010, 12:54 p.m. , effective August 13, 2010 ]


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

Purpose: We proposed that the standard of residency to be a student's expectation to reside at a particular address for more than twenty days. This aligns with WAC 392-121-108(1), which instructs districts to not count students who are absent for more than twenty days.

Residency establishes a district's responsibility to serve a student. Current rules do not provide guidelines or standards for a timeline to be considered when evaluating a student's residency status. This rule establishes a twenty day window for a district's consideration of student residency.

Citation of Existing Rules Affected by this Order: Amending WAC 392-137-115.

Statutory Authority for Adoption: RCW 28A.150.290(1).

Adopted under notice filed as WSR 10-11-040 on May 11, 2010.

Changes Other than Editing from Proposed to Adopted Version: A school district requested that we add the word "consecutive" in between the words "twenty days" which clarifies our intent better.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 22, 2010.

Randy Dorn

State Superintendent

OTS-3206.2


AMENDATORY SECTION(Amending Order 26, filed 9/17/90, effective 10/18/90)

WAC 392-137-115   Student residence -- Definition.   As used in this chapter, the term "student residence" means the physical location of a student's principal abode -- i.e., the home, house, apartment, facility, structure, or location, etc. -- where the student lives the majority of the time. The following shall be considered in applying this section:

(1) The mailing address of the student -- e.g., parent's address or post office box -- may be different than the student's principal abode.

(2) The student's principal abode may be different than the principal abode of the student's parent(s).

(3) The lack of a mailing address for a student does not preclude residency under this section.

(4) If students are expected to reside at address for twenty consecutive days or more.

[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). 90-19-068 (Order 26), 392-137-115, filed 9/17/90, effective 10/18/90.]

Washington State Code Reviser's Office