WSR 19-18-086

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed September 4, 2019, 8:52 a.m.]

Title of Rule and Other Identifying Information: Chapter 392-330 WAC, State magnet school program.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to expedite the repeal of chapter 392-330 WAC, State magnet school program, which was adopted in 1993 to implement a grant program authorized in the operating budget during the 1993-1995 biennium.

Reasons Supporting Proposal: Chapter 392-330 WAC was established in 1993 for the administration of the magnet school projects grant program, including the establishment of criteria for the award of grants to eligible school districts. The purpose of the grant program was to support school district magnet schools in reducing, eliminating, and assisting in preventing racial imbalance in schools. The rules were intended to implement a proviso in the 1993-95 operating budget, section 501 (2)(f), Laws of 1993 sp. sess., that provided nearly $3.5 million to the office of superintendent of public instruction (OSPI) for grants for magnet schools as follows: "$3,437,000 of the general fund-state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to section 516(13), chapter 232, Laws of 1992."

This grant funding was based on proviso funding in prior legislative sessions that authorized magnet school pilot projects in several districts and directed OSPI to adopt rules governing the award of grant funding to support the projects. To that end, section 516(13), chapter 232, Laws of 1992, provided as follows: "The superintendent shall prepare and adopt rules establishing a competitive process and criteria for allocating funds to school districts with magnet programs for use in the 1993-95 biennium. Prior to adoption of the rules, the superintendent shall provide a report to the fiscal committees of the legislature no later than December 1, 1992. The report to the legislature shall include an evaluation of the pilot projects funded during the 1991-93 biennium and recommendations based thereon."

The magnet school projects funding proviso and OSPI's authority to promulgate rules related to the grants were discontinued in the 1995-97 operating budget and have not been renewed. Because the statutory authority on which the rule is based has been repealed and the rule is no longer necessary because the magnet school grant program no longer exists, OSPI is proposing to repeal chapter 392-330 WAC through expedited rule making.

Statutory Authority for Adoption: Section 516(13), chapter 232, Laws of 1992.

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Dierk Meierbachtol, OSPI, P.O. Box 47200, Olympia, WA 98504, 360-725-6004.

This notice meets the following criteria to use the expedited repeal process for these rules:

The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.

The rule is no longer necessary because of changed circumstances.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Chapter 392-330 WAC was established in 1993 for the administration of the magnet school projects grant program, including the establishment of criteria for the award of grants to eligible school districts. The magnet school projects funding proviso and OSPI's authority to promulgate rules related to the grants were discontinued in the 1995-97 operating budget and have not been renewed. Because the statutory authority on which the rule is based has been repealed and the rule is no longer necessary because the magnet school grant program no longer exists, OSPI is proposing to repeal chapter 392-330 WAC through expedited rule making.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Dierk Meierbachtol, OSPI, P.O. Box 47200, Olympia, WA 98504, phone 360-725-6004, fax 360-753-6712, email dierk.meierbachtol@k12.wa.us, AND RECEIVED BY November 5, 2019.

September 4, 2019

Chris P. S. Reykdal

State Superintendent

of Public Instruction

The following chapter of the Washington Administrative Code is repealed: