Subject of Possible Rule Making: Section 209 of Initiative Measure No. 1240 (An Act Relating to Public Charter Schools) filed May 31, 2012.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Initiative Measure No. 1240, as codified, if approved by the voters during the Washington state general election on November 6, 2012.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Initiative Measure No. 1240 assigns specific responsibilities to the state board of education (SBE) for administration and oversight of the operation of the law. The section of the initiative requiring action first by SBE is section 209. This section provides that SBE "shall establish an annual application and approval process and timelines for entities seeking approval to be charter school authorizers." It further provides that the initial process and timelines must be established no later than ninety days after the effective date of the section. These provisions are required to be implemented through rules adopted by the SBE.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal and state agencies regulate this subject.

     Process for Developing New Rule: SBE will solicit comment on rules to implement this section from the office of the superintendent of public instruction, education organizations, and other interested parties. Provision will be made for public comment on the CR-101 at the board's November meeting. Information about the SBE's duties under this section will be posted on the agency's public web site. The CR-101 is prepared on a contingent basis in order that the SBE can take the action required by the deadline specified in this section. If Initiative No. 1240 is not approved, no action will be taken on the CR-101.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jack Archer, Senior Policy Analyst, SBE, Old Capitol Building, Room 253, P.O. Box 47206, Olympia, WA. All parties are encouraged to submit comments in writing to jack.archer@k12.wa.us.

November 30, 2012

Ben Rarick

Executive Director