WSR 16-07-100
PROPOSED RULES
CENTER FOR CHILDHOOD
DEAFNESS AND HEARING LOSS
[Filed March 18, 2016, 11:33 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Chapter 148-100 WAC, Organization.
Hearing Location(s): Washington State Center for Childhood Deafness and Hearing Loss (CDHL), 611 Grand Boulevard, Vancouver, WA 98661, on April 29, 2016, at 10:00.
Date of Intended Adoption: April 29, 2016.
Submit Written Comments to: Rick Hauan, 611 Grand Boulevard, Vancouver, WA 98661, e-mail rick.hauan@cdhl.wa.gov, fax (360) 696-6291, by April 22, 2016.
Assistance for Persons with Disabilities: Contact Judy Smith by April 22, 2016, video phone (360) 334-5795 or (360) 418-0401.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 381, Laws of 2009 (E2SHB 1879) established the CDHL, established a board of trustees as the governing body for the CDHL and required the board to adopt rules for its governance. The proposed rules implement the agency name change and update the title of the CDHL director to executive director as approved by the board.
Statutory Authority for Adoption: RCW 72.42.041.
Statute Being Implemented: RCW 72.40.015.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: CDHL, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Rick Hauan, 611 Grand Boulevard, Vancouver, WA 98661, (360) 418-0401.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. CDHL is not subject to RCW 34.05.328 (5)(a)(i).
March 18, 2016
Rick Hauan
Executive Director
AMENDATORY SECTION (Amending WSR 02-22-059, filed 11/1/02, effective 12/2/02)
WAC 148-100-001 Description of organization.
(1) The Washington state ((school for the deaf)) center for childhood deafness and hearing loss is a state agency established and organized under the authority of chapter 72.40 RCW((. The school provides special education and related services to deaf and hearing impaired students pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et seq.; and as administered and generally supervised by the superintendent of public instruction under chapter 28A.155 RCW.
(2) The school operates under the direction and control of the superintendent and the board of trustees.)) to provide statewide leadership and support for the coordination of regionally delivered educational services in the full range of communication modalities, for children who are deaf, deaf-blind, or hard of hearing. The center manages and directs the supervision of the school for the deaf and collaborates with appropriate public and private partners for the training and professional development of educators serving children who are deaf, deaf-blind, or hard of hearing.
(2) The ((school)) center is governed by a ((nine-member)) ten-member board of trustees, appointed by the governor, which is responsible for performing needed oversight services to the governor and legislature in the development of programs for the deaf, hard of hearing ((impaired)) or deaf-blind and in the operation of the center, including the school for the deaf. The ((superintendent is the principal administrative officer of the school and)) executive director of the Washington state center for childhood deafness and hearing loss shall be responsible for supervision and management of the center, including the school for the deaf and its programs as well as other duties which are prescribed by ((section 3, chapter 209, Laws of 2002)) RCW 72.40.0191 and 72.40.024.
(3) The administrative office of the ((school)) center is located at 611 Grand Blvd., Vancouver, Washington 98661. Any person may obtain additional information and make submissions and requests at the administrative office. Additional information concerning organization and educational programs may also be obtained from the school's webpage at http://www.wsd.wa.gov.
((BYLAWS))
AMENDATORY SECTION (Amending WSR 05-10-008, filed 4/25/05, effective 5/26/05)
WAC 148-100-010 ((Time and place of board)) Meetings of the board of trustees.
The board of trustees ((customarily holds a regular meeting each month)) holds regular meetings in accordance with the Open Public Meetings Act, chapter 42.30 RCW, and RCW 72.42.070 pursuant to a schedule established yearly by the board and such special meetings as may be requested by the chair of the board or by a majority of the members of the board and announced in accordance with RCW 42.30.080. The dates, times and locations of these meetings may be found in the Washington State Register or by contacting the office of the executive director, Washington state center for childhood deafness and hearing loss, 611 Grand Boulevard, Vancouver, Washington. A regular meeting may be canceled by action of the board or the board chair.
((Meetings of the board shall be at the Washington School for the Deaf, 611 Grand Blvd., Vancouver, Washington 98661, or at such other location as the board may determine.))
All regular and special meetings are open to the general public; however, the chair may call an executive session when permitted by law at which members of the general public shall not be present unless invited.
No official business may be conducted by the board of trustees except during a regular or special meeting. No individual member of the board may act on behalf of the board unless specifically instructed by action of the board.
AMENDATORY SECTION (Amending WSR 02-22-059, filed 11/1/02, effective 12/2/02)
WAC 148-100-020 MeetingsBoard agendaCommunication.
(1) Anyone, other than a board member or a representative of the ((superintendent's)) executive director's office wishing an item placed on the agenda of a board meeting, must have a written request to the board secretary, ((superintendent's)) executive director's office, no later than twelve o'clock noon twelve business days before the next scheduled meeting of the board. The secretary will relate the request to the chair of the board as soon as feasible. The chair will determine whether the item is to be placed on the agenda. The chair or designee will notify the individual initiating the request as to whether or not the item will be placed on the agenda.
(2) All materials to be considered by the board must be submitted in sufficient quantities to provide each member of the board and the secretary with appropriate copies. To allow the board to have the benefit of background information and research, the ((superintendent)) executive director shall be given an opportunity, whenever possible, to review and evaluate all materials prepared for consideration by the board prior to submission to the board. The ((superintendent)) executive director shall also have the opportunity to make recommendations prior to a decision by the board on the matter.
(3) Proposed new policies and/or changes in policy will be presented first to the board of trustees as a report. Board action will usually be taken at a subsequent meeting. If expedient action on the matter would clearly be beneficial to the school, the board may consider taking action at the time the policy is first presented to the board.
(4)(a) Each regular meeting of the board shall provide members of the public an opportunity to address the board on any item of business. Groups and individuals are to submit their statements in writing to the board secretary, ((superintendent's)) executive director's office, whenever possible no less than two weeks prior to the time of the meeting. The board encourages groups to designate a spokesperson to address the board on their behalf.
(b) The chair of the board reserves the right to determine time limits on statements and presentations.
(c) The intent of the board shall be to provide equal time for opposing presentations. The chair also maintains the right to regulate the subject matter of that which may be presented or discussed at the open meeting including, but not limited to, matters which are the subject of current or pending grievances or adjudicative or disciplinary proceedings. Matters for consideration, discussion, and/or debate will be limited to the extent allowed by the Open Public Meetings Act, chapter 42.30 RCW.
AMENDATORY SECTION (Amending WSR 02-22-059, filed 11/1/02, effective 12/2/02)
WAC 148-100-030 Officers of the board.
(1) At the first regular meeting of the board each fiscal year, the board shall elect from its membership, a chair and vice-chair to serve for the ensuing year. In addition, the ((superintendent of the Washington school for the deaf)) executive director shall serve as secretary to the board of trustees. The secretary may, at his or her discretion, appoint the executive assistant to the ((superintendent)) executive director to act as recording secretary for all regular and special meetings of the board.
(2) The chair shall preside at each regular or special meeting of the board, sign all legal and official documents recording action of the board, and review the agenda prepared for each meeting of the board. The chair shall, while presiding at official meetings, have full right of discussion and vote.
(3) The vice-chair shall act as chair of the board in the absence of the chair.
(4) In case of the absence of the chair and vice-chair from any meeting of the board of trustees or in case of the inability of both of the two to act, the board of trustees shall elect for the meeting a chair pro tempore, and may authorize such chair pro tempore to perform the duties and acts authorized or required by said chair or vice-chair to be performed, as long as the inability of these said officers to act may continue.
(5) The secretary of the board shall, in addition to any duties imposed by law or the governor, keep the official seal of the board, maintain all records of meetings and other official action of the board.
(6) The secretary shall also be responsible for board correspondence, compiling the agenda of meetings, and distributing the minutes of the meetings and related reports.
(7) The secretary, or his or her designee, must attend all regular and special meetings of the board, and official minutes must be kept of all such meetings except in executive sessions.
AMENDATORY SECTION (Amending WSR 02-22-059, filed 11/1/02, effective 12/2/02)
WAC 148-100-050 Revision of bylaws.
(1) The board of trustees may adopt bylaws to govern its operations. ((A record of these bylaws shall be maintained in the office of the president.))
(2) Bylaws of the board may be revised by majority vote of the board, provided such changes are proposed at least one meeting prior to the meeting at which the vote is taken. Bylaws may be revised by unanimous vote of the board at the same meeting at which the revision is originally proposed.
((RULES COORDINATOR))
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 148-100-040
Records of board action.
WAC 148-100-200
Rules coordinator.