WSR 15-15-107 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed July 16, 2015, 9:55 a.m., effective August 16, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose is to assign to the office of administrative hearings (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 (CPR) of school district programs conducted in accordance with 34 C.F.R. § 80.40. The anticipated effect of the amendment of WAC 392-101-010, is authorizing OAH to hear and issue final decisions pertaining to federal fund withholding and recovery resulting from OSPI CPRs.
Citation of Existing Rules Affected by this Order: Amending WAC 392-101-010.
Statutory Authority for Adoption: RCW 34.05.220.
Adopted under notice filed as WSR 15-12-118 on June 3, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 8, 2015.
Randy Dorn
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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