WSR 15-05-021 EMERGENCY RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed February 9, 2015, 1:58 p.m., effective February 9, 2015, 1:58 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amended rule provides clarification to state-tribal education compact submission deadlines.
Citation of Existing Rules Affected by this Order: Amending WAC 392-800-825.
Statutory Authority for Adoption: RCW 28A.150.290(1).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: WAC 392-800-825 requires federally recognized tribes or Bureau of Indian Education schools seeking approval of a state-tribal education compact to submit an application to the office of superintendent of public instruction by February 1. These proposed changes to WAC 392-800-825 will keep the tribal compact application deadline at February 1, but institute a deadline of June 30 by which point the tribal compact agreement must be agreed to and signed off on by both parties. If an agreement is not executed by June 30, then the tribal school would have to reapply by February 1 of the following year.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 16, 2015.
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 14-04-001, filed 1/22/14, effective 2/22/14)
WAC 392-800-825 Application—Approval process—Timeline.
(1) Beginning in February 2014, eligible federally recognized tribes or BIE schools may apply to the superintendent of public instruction to initiate negotiations to enact a state-tribal education compact.
(2) Federally recognized tribes or BIE schools seeking approval of a state-tribal education compact must submit the application to the superintendent of public instruction by February 1st of the school year preceding the year in which the federally recognized tribes or BIE school seeks to commence operation of a compact school. ((Federally recognized tribes or BIE schools seeking to commence operation of a compact school in 2014 must submit an application by April 15, 2014.))
(3) The application must be hand delivered or mailed to the superintendent of public instruction at the following address:
Superintendent of Public Instruction
600 Washington Street S.E.
P.O. Box 47200
Olympia, WA 98504
(4) Within ninety days of his or her receipt of the application, the superintendent of public instruction will convene a government-to-government meeting for the purpose of considering the application and initiating negotiations.
(5) The superintendent of public instruction will approve or disapprove state-tribal education compact applications no later than April 15th of the school year, as defined by WAC 392-121-031, in which the federally recognized tribe or BIE school intends to commence operation of a compact school. The superintendent of public instruction's approval or disapproval of the application shall constitute final agency action.
(6) State-tribal education compacts must be executed by the superintendent of public instruction and the federally recognized tribe or BIE school governing body on or before June 30th prior to the operation of a compact school commences.
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