WSR 16-22-071

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 1, 2016, 11:39 a.m.]

Subject of Possible Rule Making: Definition of absence, excused and unexcused, WAC 392-400-325.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.300.046.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making would be to revise the definition of what constitutes an absence and what is not. Several recent developments have necessitated a closer look at the existing rule: (1) The office of superintendent of public instruction (OSPI) is publicly displaying chronic absenteeism data as of February 2016, (2) United States Department of Education (USDOE) is collecting an annual chronic absenteeism report, and (3) USDOE Office of Civil Rights collects chronic absenteeism in its Civil Rights Data Collection. The intent of the rule making is to align OSPI's state collection with the federal reporting. The federal definition does not consider off-site instructional activities, such as field trips, to be an absence.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDOE also provides support, publishes guidance, and collects data about student absenteeism at the state level. Coordination will be achieved by reviewing agency regulations and guidance, as well as requesting agency support as needed to ensure consistency with federal regulations and agency legal positions.

Process for Developing New Rule: Early solicitation of public comments and recommendations regarding new or amended rules and consideration of the comments and recommendations in the course of drafting rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Krissy Johnson, Attendance Lead, 600 Washington Street S.E., Olympia, WA 98504, office (360) 725-6045, fax (360) 664-3028, krissy.johnson@k12.wa.us.

November 1, 2016

Randy Dorn

State Superintendent

of Public Instruction