WSR 13-20-036

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 24, 2013, 1:42 p.m.]

Subject of Possible Rule Making: Rules establishing the creation of state-tribal education compact schools, including policies and procedures for initiating the process for establishing; roles and responsibilities of both the state and tribes that are eligible to enter into compacts, and accountability standards that are applicable to all schools that are subject to the state-tribal compacts.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.655.061 and RCW 655.065 [28A.655.065].

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HB 1134 established state-tribal compact schools for tribes and currently funded Bureau of Indian Education (BIE) schools. This new concept requires clarification on roles and responsibilities of both entities and an application process, negotiation guidelines, timelines and accountability standards.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Currently federally funded BIE schools will also be involved in the consultation on these rules.

Process for Developing New Rule: The process for developing the rules will involve the consultation and collaboration of tribes in Washington state, fulfilling the government-to-government relationship policy described in the Centennial Accord of August 4, 1989. Currently funded BIE schools will also be involved in the consultation on these rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can contact the following persons to participate in the process related to the adoption of these rules or for information regarding rule making: Gil Mendoza, Assistant Superintendent of Special Programs and Federal Accountability, phone (360) 725-6170, e-mail gil.mendoza@k12.wa.us; or Robin Butterfield, Program Supervisor, Office of Native Education, phone (360) 725-6160, e-mail robin.butterfield@k12.wa.us, fax (360) 586-3305, TTY (360) 664-3631.

September 24, 2013

Randy Dorn

State Superintendent

of Public Instruction