WSR 15-14-127

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed July 1, 2015, 10:33 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 14-18-024.

Title of Rule and Other Identifying Information: WAC 392-349-015 Remote and necessary small school plants—Review committee.

Hearing Location(s): Office of Superintendent of Public Instruction, Policy Conference Room, 600 Washington Street, Olympia, WA 98504, on August 6, 2015, at 10:30 a.m.

Date of Intended Adoption: August 7, 2015.

Submit Written Comments to: Paul Stone, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail paul.stone@k12.wa.us, fax (360) 664-3683, by July 30, 2015.

Assistance for Persons with Disabilities: Contact Kristin Murphy by July 30, 2015, TTY (360) 664-3631 or (360) 725-6133.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-349-015(5) currently prescribes an unnecessary time requirement for the superintendent of public instruction to provide to the fiscal committees of the legislature in January of odd numbered years a list of remote and necessary small school plants. Removing the prescribed time requirement will have no effect on the review committee or superintendent of public instruction staff to obtain or supply this list.

Reasons Supporting Proposal: Removing the prescribed timing promotes efficiency for the review committee to conduct their review as prescribed in WAC 392-349-015(5). This list of remote and necessary small school plants is easily accessible by superintendent of public instruction staff and available to the fiscal committee at their request at any time.

Statutory Authority for Adoption: RCW 28A.315.175.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Paul Stone, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, (360) 725-6303; Implementation: T. J. Kelly, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, (360) 725-6301; and Enforcement: JoLynn Berge, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact; no school district fiscal impact.

A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction is not subject to RCW 34.05.328 (5)(a)(i). Additionally, this rule amendment is not a significant legislative rule per subsection (5)(c)(iii).

June 30, 2015

Randy Dorn

Superintendent of

Public Instruction

AMENDATORY SECTION (Amending WSR 06-17-038, filed 8/8/06, effective 9/8/06)

WAC 392-349-015 Remote and necessary small school plants—Review committee.

(1) There is hereby established by the superintendent of public instruction a remote and necessary review committee comprised of at least the following five members:

(a) One member of the state board of education selected by the president of the board;

(b) Two staff members from the office of the superintendent of public instruction, one who is knowledgeable about finance issues and one who is knowledgeable about curriculum issues, both selected by the state superintendent;

(d) One school district administrator selected by the Washington Association of School Administrators((;)).

(2) Vacancies on the review committee shall be filled by the person or organization responsible for appointments.

(3) At the discretion of the superintendent of public instruction, other members may be added to the review committee.

(4) It is the responsibility of the review committee to receive and review all applications from school districts requesting the superintendent of public instruction to grant remote and necessary status to a small school plant located in the district. Following the review of applications, the review committee shall recommend to the superintendent of public instruction whether such designation should be granted. Recommendations of the review committee shall be advisory only. The final determination rests solely with the superintendent of public instruction.

(5) Every small school plant with remote and necessary status beginning 1996, shall be reviewed every four years by the review committee and the superintendent of public instruction. The review committee shall submit its findings and recommendations to the superintendent of public instruction. The review committee may conduct the review on-site, with the number of members participating determined by the committee, or may conduct the review by other means as determined by the committee. ((The superintendent of public instruction shall provide to the fiscal committees of the legislature in January of odd-numbered years a list of remote and necessary small school plants.))

(6) A small school plant shall lose its remote and necessary status if the number of students exceeds the enrollment requirements set forth in the state Operating Appropriations Act for three consecutive years. The loss of remote and necessary status shall take effect the immediate ensuing school year. If a small school site should lose its remote and necessary status, the local serving school district may continue to maintain and operate the school site. When the enrollment of such small school plant again meets the requirements of the state Operating Appropriations Act, the school district may apply to the superintendent of public instruction for redesignation as a remote and necessary plant.

(7) A small school plant shall lose its remote and necessary status if a local school district closes the small school plant. If the small school plant is reopened by the district, or a new small school plant is opened, the school district may apply to the superintendent of public instruction for remote and necessary designation for the small school plant. If such designation is granted, the remote and necessary status shall take effect as determined by the superintendent of public instruction.