WSR 19-14-046
EMERGENCY RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed June 27, 2019, 10:28 a.m., effective June 27, 2019, 10:28 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: RCW 28A.300.285 provides that the office of superintendent of public instruction (OSPI) must adopt rules regarding school districts' communication of a model harassment, intimidation, and bullying (HIB) policy and procedure to parents, students, employees, and volunteers. Those rules were formerly codified at WAC 392-400-226. As a part of housekeeping changes made to chapter 392-400 WAC in 2019, WAC 392-400-226 has been repealed effective July 1, 2019. The purpose of this emergency rule is to temporarily recodify WAC 392-400-226 into a new, permanent stand-alone chapter of the Washington Administrative Code, chapter 392-405 WAC, while expedited rule making is underway that would make the rule change permanent. There are no material changes to the former rule.
Citation of Rules Affected by this Order: New chapter 392-405 WAC.
Statutory Authority for Adoption: [RCW 28A.300.285.]
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: Former WAC 392-400-226 directed school districts regarding how to communicate Washington state's model HIB rules to parents, students, employees, and volunteers as required under RCW 28A.300.285. As a part of housekeeping changes made to chapter 392-400 WAC in 2019, WAC 392-400-226 was repealed effective July 1, 2019. OSPI is simultaneously undertaking expedited rule making to recodify WAC 392-400-226 as a new, permanent stand-alone chapter of the Washington Administrative Code, chapter 392-405 WAC. The immediate adoption of this emergency rule is necessary to ensure that the notice requirements of RCW 28A.300.285 are in place at the start of the 2019-20 school year while the expedited rule making is underway.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, 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: June 26, 2019.
Chris P. S. Reykdal
State Superintendent
of Public Instruction
Chapter 392-405 WAC
HARASSMENT, INTIMIDATION AND BULLYING
NEW SECTION
WAC 392-405-005Authority.
The authority for this chapter is RCW 28A.300.285, which provides that the superintendent of public instruction shall adopt rules regarding school districts' communication of a model harassment, intimidation, and bullying policy and procedure to parents, students, employees, and volunteers.
NEW SECTION
WAC 392-405-010Purpose.
The purpose of this chapter is to establish the requirements school districts must meet when communicating the district's harassment, intimidation, and bullying policy and procedure to parents, students, employees, and volunteers.
NEW SECTION
WAC 392-405-020School district rules defining harassment, intimidation and bullying prevention policies and procedures—Distribution of rules.
(1) A school district's harassment, intimidation and bullying policy and procedure must be published and made available to all parents or guardians, students, employees, and volunteers on an annual basis.
(2) A school district must publish, at a minimum, the following materials:
(a) The district's policy and procedure;
(b) A harassment, intimidation, and bullying incident reporting form; and
(c) Current contact information for the district's harassment, intimidation and bullying compliance officer.
(3) If a school district does not distribute the policy and procedure to all parents or guardians, students, employees, and volunteers, the district must provide notice that describes the contents of the policy and procedure and specifies the person(s) to contact for a copy. The notice must be provided to students and parents on an annual basis in a manner reasonably calculated to come to their attention.