WSR 15-06-042 EMERGENCY RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed February 27, 2015, 9:09 a.m., effective February 27, 2015, 9:09 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amended rule assigns to the office of administrative hearings (OAH) the authority to hear appeals of enforcement actions withholding or recovering federal funds.
Citation of Existing Rules Affected by this Order: Amending WAC 392-101-010.
Statutory Authority for Adoption: RCW 34.05.220.
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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: A federal regulation, 34 C.F.R. § 80.43(b), requires state education agencies that award federal funds to subgrantees to provide subgrantees an opportunity for a hearing, appeal, or other administrative proceeding to which the subgrantee is entitled under the law. This proposed change to WAC 392-101-010 will assign to the OAH the authority to hear cases and issue final decisions on behalf of the office of superintendent of public instruction (OSPI) related to the withholding or recovering of federal funds as a result of school consolidated program reviews of school district programs conducted in accordance with 34 C.F.R. § 80.40. Assigning these appeals to OAH will protect school districts' right to challenge OSPI's determinations, and will help ensure school district and OSPI compliance with federal law.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2015.
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 13-18-077, filed 9/3/13, effective 10/4/13)
WAC 392-101-010 Conduct of administrative hearings.
The superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the superintendent of public instruction:
(1) Nonresident transfer appeals pursuant to WAC 392-137-055(2).
(2) Special education hearings pursuant to chapter 392-172A WAC or as amended.
(3) Equal educational opportunity complaints pursuant to WAC 392-190-075.
(4) Professional certification appeals pursuant to WAC 181-86-150.
(5) National school lunch program, special milk program for children, school breakfast program, summer food service program, and child and adult care food program appeals pursuant to 7 C.F.R. Parts 210, 215, 220, 225 and 226.
(6) Traffic safety education appeals pursuant to WAC 392-153-001 through 392-153-070.
(7) Bus driver authorization appeals pursuant to chapter 392-144 WAC.
(8) Audit resolution appeals of agency management decisions regarding resolution of state and federal audit findings pursuant to chapter 392-115 WAC.
(9) Appeals of enforcement actions withholding or recovering funds, in whole or in part, taken as a result of consolidated program reviews of federal programs conducted in accordance with 34 C.F.R. Sections 80.40 and 80.43.
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