WSR 16-01-130 EMERGENCY RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed December 18, 2015, 11:04 a.m., effective December 18, 2015, 11:04 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule making is to allow former charter school students in Washington to expeditiously transition to alternative learning experiences (ALE) offered by nonresident public school districts and to reduce the administrative burden on students, their parents, and resident districts when transferring to the ALE programs. The amended rules will do two things. First, WAC 392-137-145(3) is amended to clarify that former charter school students who are enrolling in an alternative learning experience offered by a nonresident district for the 2015-16 school year have a per se special condition making the students eligible for release. WAC 392-137-145(3) will also specify that the office of superintendent of public instruction (OSPI) will use its standard form developed pursuant to RCW 28A.250.070, the standard choice transfer system, to release the former charter school students to nonresident districts offering ALE.
Second, for former charter school students who seek a release from their resident school districts in accordance with the district's interdistrict transfer policy and procedure, WAC 392-137-155 is amended to provide that: If the resident school district does not act on the student's request for release within five business days, OSPI will consider that the district has not timely acted on the request for release. OSPI will then use its standard form to process the student's request for release without an appeal being filed.
Citation of Existing Rules Affected by this Order: Amending WAC 392-137-145 and 392-137-155.
Statutory Authority for Adoption: RCW 28A.225.230.
Other Authority: 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.
Reasons for this Finding: The Washington supreme court's decision in League of Women Voters v. State, which invalidated the state's charter school system as set forth in chapter 28A.710 RCW, became final on December 9, 2015. Nine charter schools were authorized to operate in the state for the 2015-16 school year, and hundreds of students have been attending these schools. Several charter school operators intend to contract with one or more nonresident school districts to continue providing public school education and related services to students attending the charter schools. A significant number of these students are at-risk, receiving publicly funded special education, English language learning, and supplemental education instruction. If these students are not able to transfer to the nonresident districts contracting with the charter school operators in December 2015, there will be substantial disruptions to the students' ongoing education. Moreover, if OSPI does not directly facilitate the transfer of former charter school students using OSPI's standard choice transfer system, districts would receive hundreds of urgent transfer requests, which if not promptly processed would cause substantial disruption to students. These rules are therefore necessary to preserve the general welfare of former charter school students, their parents, and their resident school districts.
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 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 2, 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: December 18, 2015.
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 90-19-068, filed 9/17/90, effective 10/18/90)
WAC 392-137-145 Special condition—Ground for release.
A district shall release a student if there is a special hardship or detrimental condition. The following shall be considered in applying this section:
(1) The term "special" means a circumstance or factor which is generally not applicable to other students or families.
(2) The terms "hardship" and "detrimental condition" apply to any circumstance or factor harmfully affecting the student or student's immediate family and is not restricted to a financial, educational, safety, or health condition.
(3) The following are judged by the superintendent of public instruction to constitute a special hardship or detrimental condition, the proof of which is a per se hardship or condition for the order of a release:
(a) A student who was enrolled the previous school year in a nonresident district who is scheduled to complete in the same nonresident district during the next school year the highest grade offered in the resident district.
(b) A student who has completed two or more school years in a nonresident district without a release but with the knowledge of such nonresident attendance by the superintendent or any member of the board of directors of the resident district.
(c) A former charter school student who is enrolling in an alternative learning experience offered by a nonresident district for the 2015-16 school year pursuant to WAC 392-121-182(11). The superintendent of public instruction will use the standard form developed pursuant to RCW 28A.250.070 to release former charter school students to nonresident districts offering an alternative learning experience under WAC 392-121-182(11). As used in this subsection, "former charter school student" means a student who attended an authorized charter school, as defined by RCW 28A.710.010, in the months of September, October, and November 2015.
AMENDATORY SECTION (Amending WSR 90-19-068, filed 9/17/90, effective 10/18/90)
WAC 392-137-155 Appeal to SPI—Denial of release.
The decision of a resident school district to not release a resident student may be appealed to the superintendent of public instruction. The right of appeal is subject to each of the following conditions:
(1) The appeal is filed by the student's parent or a custodial adult or by the student if the student is eighteen years of age or older.
(2) The resident district has denied the release or has failed to consider the request for the release. The following shall apply:
(a) For the purpose of this subsection, a denial is established by one of the following:
(i) A copy of the minutes of the board of directors of the resident district which establishes that the board has denied a request to release the resident student.
(ii) A written statement by the superintendent of the resident district that the board has taken action denying the release.
(b) For the purpose of this subsection a refusal to consider a request for a release is established by:
(i) Copy of correspondence addressed to the superintendent of the resident district requesting a release and which sets forth the grounds for the release.
(ii) An affidavit by the appellant indicating the resident district board of directors has failed to act on the request and that at least forty-five calendar days has transpired since the request for the release was mailed or delivered to the superintendent of the resident district.
(3) The nonresident district has agreed to accept the student. For the purpose of this subsection an acceptance is established by one of the following:
(a) A copy of minutes of the board of directors of the nonresident district that establishes that the nonresident student has been accepted.
(b) A written statement by the superintendent of the district that the nonresident student has been accepted.
(c) Any documentation that the nonresident district has a policy of accepting one or more of the following categories of nonresident students:
(i) All nonresident students.
(ii) All nonresident students who are released by the resident school district.
(iii) All nonresident students who are released by order of the superintendent of public instruction or by the court.
(4) This subsection applies to former charter school students who seek to enroll in an alternative learning experience offered by a nonresident district for the 2015-16 school year pursuant to WAC 392-121-182(11), and who have applied to the student's resident district for release in accordance with the resident district's interdistrict transfer policy and procedure. If a resident school district does not act on a former charter school student's request for release within five business days, the request for release will be deemed to have been granted. The superintendent of public instruction will follow the process in WAC 392-137-145 (3)(c) to process the student's request for release without an appeal being filed. As used in this subsection, "former charter school student" means a student who attended an authorized charter school, as defined by RCW 28A.710.010, in the months of September, October, and November 2015.
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