Subject of Possible Rule Making: WAC 392-101-010, to give the office of superintendent of public instruction (OSPI) the authority to send appeals though [through] the office of administrative hearing[s] (OAH) for the national school lunch program (NSLP), school breakfast program (SBP), and the special milk programs (SMP). These are federally funded child nutrition programs that are administered by OSPI, child nutrition services.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 28A.235 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current WAC does not include the NSLP, the SBP, or the SMP. The current WAC only includes the child and adult care food program and the summer food service program. We need the authority to send all child nutrition program appeals through OAH.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture sets the appeal procedures for all of the child nutrition programs. However, they refer only to "an independent review official" and we want to be sure that we have regulatory authority for the OAH to oversee all appeals involving the child nutrition programs.

     Process for Developing New Rule:      Agency study.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Donna Parson, 600 Washington Street, Olympia, WA, Donna.parsons@k12.wa.us.

September 5, 2012

Randy Dorn

State Superintendent