WSR 12-11-095

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 21, 2012, 9:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-08-048.

Title of Rule and Other Identifying Information: Unexcused absence definition, WAC 392-400-035.

Hearing Location(s): Office of Superintendent of Public Instruction, Brouillet Conference Room, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, on June 27, 2012, at 10:00 a.m.

Date of Intended Adoption: June 27, 2012.

Submit Written Comments to: Bill Huennekens, P.O. Box 47200, Olympia, WA, e-mail bill.huennekens@k12.wa.us, fax (360) 664-3683, by June 26, 2012.

Assistance for Persons with Disabilities: Contact Wanda Griffin by June 26, 2012, TTY (360) 664-3631 or (360) 725-6133.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposed rule is to establish a standard definition for absences from school in the K-12 education system. Standard definition will facilitate the collection and reporting of comparable data and the calculation of indicators as required in the PASS act.

Reasons Supporting Proposal: The rule is consistent with model policies used in many school districts.

Statutory Authority for Adoption: RCW 28A.300.046.

Statute Being Implemented: RCW 28A.300.046.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The collection of enhance absence data at the student level was reviewed through a data governance process. The rule making is consistent with that process and will be reflected in the CEDARS data collection system.

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Bill Huennekens, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6174; Implementation and Enforcement: Multiple across the agency, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6000.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposal does not regulate or impact small business.

A cost-benefit analysis is not required under RCW 34.05.328. The rule is required to be adopted pursuant to RCW 28A.300.046.

May 21, 2012

Randy Dorn

State Superintendent

of Public Instruction

OTS-4793.2


NEW SECTION
WAC 392-400-325   Statewide definition of excused and unexcused daily absences.  


Excused daily absences

The following are valid excuses for absences from school:

(1) Participation in a district or school approved activity or instructional program;

(2) Illness, health condition or medical appointment (including, but not limited to, medical, counseling, dental or optometry);

(3) Family emergency including, but not limited to, a death or illness in the family;

(4) Religious or cultural purpose including observance of a religious or cultural holiday or participation in religious or cultural instruction;

(5) Court, judicial proceeding, or serving on a jury;

(6) Post-secondary, technical school or apprenticeship program visitation, or scholarship interview;

(7) State-recognized search and rescue activities consistent with RCW 28A.225.055;

(8) Absence directly related to the student's homeless status;

(9) Absences related to deployment activities of a parent or legal guardian who is an active duty member consistent with RCW 28A.705.010;

(10) Absence resulting from a disciplinary/corrective action (e.g., short-term or long-term suspension, emergency expulsion); and

(11) Principal (or designee) and parent, guardian, or emancipated youth mutually agreed upon approved activity.

The school principal (or designee) has the authority to determine if an absence meets the above criteria for an excused absence.


Unexcused daily absences

Any absence from school is unexcused unless it meets one of the criteria above for an excused absence.

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Washington State Code Reviser's Office