WSR 10-23-094

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed November 16, 2010, 11:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-19-027.

Title of Rule and Other Identifying Information: A new rule, WAC 392-400-226 School district rules defining harassment, intimidation and bullying prevention policies and procedures -- Distribution of rules.

A district's harassment, intimidation and bullying policy and procedure shall be published and made available to all parents or guardians, students, employees, and volunteers on an annual basis. The district will publish, at a minimum, the following materials: Policy and procedure, an incident reporting form and current contact information for the district's harassment, intimidation and bullying compliance officer. If a school district chooses not to distribute such rules to all parents or guardians, students, employees, and volunteers, then notice which describes the contents of such rules and specifies the person(s) to contact for a copy shall be provided to students and parents on an annual basis in a manner reasonably calculated to come to their attention.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), 600 Washington Street S.E., Brouillet Conference Room, 4th Floor, Olympia, WA 98504, on January 4, 2011, at 1:00 p.m. - 2:30 p.m.

Date of Intended Adoption: January 4, 2011.

Submit Written Comments to: Jeff Soder, P.O. Box 47200, Olympia, WA 98504, e-mail jeff.soder@k12.wa.us, fax (360) 664-3575, by January 3, 2011.

Assistance for Persons with Disabilities: Contact Kristin Collins by January 3, 2011, TTY (360) 664-3631 or (360) 725-6270.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: A revision to RCW 28A.300.285 in the 2010 session requires OSPI to adopt rules regarding districts' notification of families and others regarding harassment, intimidation and bullying policies and procedures:

"It is the responsibility of each school district to share this policy with parents or guardians, students, volunteers, and school employees in accordance with rules adopted by the superintendent of public instruction" (RCW 28A.285 [28A.300.285] (4)(a)). The rule is designed to ensure that the required harassment, intimidation and bullying prevention policy and procedure is made available to the entire school community on an annual basis.

Reasons Supporting Proposal: The rule is required by statute.

Statutory Authority for Adoption: RCW 28A.300.285.

Statute Being Implemented: WAC 392-400-225(4).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting and Implementation: Jeff Soder, OSPI 151B, (360) 725-6044; and Enforcement: Martin Mueller, OSPI 301, (360) 725-6175.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. No costs to OSPI.

November 16, 2010

Randy Dorn

State Superintendent

of Public Instruction

OTS-3789.1


NEW SECTION
WAC 392-400-226   School district rules defining harassment, intimidation and bullying prevention policies and procedures -- Distribution of rules.   A district's harassment, intimidation and bullying policy and procedure shall be published and made available to all parents or guardians, students, employees, and volunteers on an annual basis. The district will publish, at a minimum, the following materials: Policy and procedure, an incident reporting form and current contact information for the district's harassment, intimidation and bullying compliance officer. If a school district chooses not to distribute such rules to all parents or guardians, students, employees, and volunteers, then notice which describes the contents of such rules and specifies the person(s) to contact for a copy shall be provided to students and parents on an annual basis in a manner reasonably calculated to come to their attention.

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Washington State Code Reviser's Office