WSR 15-05-087 EMERGENCY RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed February 18, 2015, 11:18 a.m., effective February 18, 2015, 11:18 a.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 392-129-150.
Statutory Authority for Adoption: RCW 28A.150.290.
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 392-129-150 requires an emergency declaration by the governor to excuse five days by the superintendent of public instruction for a school emergency closure. These proposed changes to WAC 392-129-150 will keep the emergency declaration by the governor, and absent an emergency declaration by the governor, allow the superintendent of public instruction to excuse five days for a school emergency closure when the unforeseen natural event, mechanical failure, or action or [in]action by one or more person caused a loss of life or significant injury to a person or persons on a school campus, and the event prevented operation of the school.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 17, 2015.
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 08-13-049, filed 6/12/08, effective 7/13/08)
WAC 392-129-150 School emergency closure—Implementation of superintendent of public instruction's determination of eligibility.
(1) If the superintendent of public instruction determines that the school district has provided a conclusive demonstration that one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons prevented the school district from operating the school, the school district shall receive its full annual allocation of state moneys. However, the superintendent of public instruction may only excuse the school district for up to two scheduled school days per incident and not for more than three scheduled school days per school year. Provided, the superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year:
(a) When the unforeseen natural event, mechanical failure, or action or inaction by one or more persons caused a loss of life or significant injury to a person or persons on a school campus; or
(b) Where the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.
(2) If the district did not conclusively demonstrate that it was prevented from operating the school(s), its allocation of state moneys shall be reduced by:
(((1))) (a) Dividing the number of days lost by one hundred eighty;
(((2))) (b) Multiplying the result obtained in subsection (1) of this section by the annual average full-time equivalent enrollment in the school; and
(((3))) (c) Dividing the result obtained in subsection (2) of this section by the annual average full-time equivalent enrollment in the school district.
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