WSR 15-09-105 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed April 20, 2015, 1:47 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-05-088.
Title of Rule and Other Identifying Information: WAC 392-129-150 School emergency closure—Implementation of superintendent of public instruction's determination of eligibility.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Policy Conference Room, 600 Washington Street, Olympia, WA 98504-7200, on May 28, 2015, at 10:00 a.m.
Date of Intended Adoption: May 29, 2015.
Submit Written Comments to: Michael J. (Mike) Dooley, P.O. Box 47200, Olympia, WA 98504-7200, e-mail mike.dooley@k12.wa.us, fax (360) 725-6505, by May 21, 2015.
Assistance for Persons with Disabilities: Contact Kristin Murphy by May 21, 2015, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amended rule provides further clarification for school emergency closure eligibility.
Reasons Supporting Proposal: 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 inaction by one or more persons 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.
Statutory Authority for Adoption: RCW 28A.41.170(2), 28A.150.290.
Statute Being Implemented: RCW 28A.150.290.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This amended rule provides further clarification for school emergency closure eligibility.
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting: Michael J. (Mike) Dooley, OSPI, Olympia, Washington, (360) 725-6305; Implementation: T. J. Kelly, OSPI, Olympia, Washington, (360) 725-3601; and Enforcement: JoLynn Berge, OSPI, Olympia, Washington, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. It has minimal to no impact on state funding.
A cost-benefit analysis is not required under RCW 34.05.328. It has minimal to no impact on state funding.
April 20, 2015
Randy Dorn
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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