WSR 20-01-138

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed December 17, 2019, 11:17 a.m.]

Title of Rule and Other Identifying Information: Chapter 392-164 WAC, Special services program—Chapter 1 Migrant Of The Education Consolidation And Improvement Act Of 1981, financial assistance to state educational agencies.

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 392-164 WAC, Special services program—Chapter 1 Migrant Of The Education Consolidation And Improvement Act Of 1981, financial assistance to state educational agencies. The rules were adopted in 1988 to implement the provisions of the federal Migrant Education Program then in effect under Title I, Chapter 1 of the Elementary and Secondary Education Act (ESEA), as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Pub. L. No. 100-297). With the United States Congress's subsequent reauthorizations of the ESEA and the Migrant Education Program in 1994, 2002, and 2015, the rules are obsolete, and their repeal will have no substantive effect.

Reasons Supporting Proposal: This proposal to repeal chapter 392-164 WAC is for housekeeping reasons only. The federal Migrant Education Program is currently authorized under Title I, Part C of the ESEA, as amended by the Every Child Succeeds Act of 2015 (Pub. L. 114-95). According to WAC 392-164-105, chapter 392-164 WAC was adopted in 1988 for the purpose of ensuring "compliance with provisions governing financial assistance to local school districts and other subgrantee's [sic] of Chapter 1 Migrant of the Elementary and School Improvement [ECIA] amendments of 1988 and accompanying federal rules and regulations," including 34 C.F.R. Part 201.

Since then, however, the ECIA and 34 C.F.R. Part 201 have been repealed and replaced. Following the 1994 reauthorization of the ESEA and substantial revisions to the statutory provisions governing the Migrant Education Program, the United States Department of Education removed Part 201 and recodified the federal regulations implementing Title I, Part C at 34 C.F.R. Part 200. After the subsequent 2002 reauthorization of the ESEA, the Title I, Part C regulations were again revised and recodified at Part 200, Subpart C, §§ 200.81-200.89. The ESEA was reauthorized once again in 2015, and the Migrant Education Program regulations in Part 200, Subpart C were amended in 2018 to implement the new statute. OSPI's implementation of the migrant education program is governed by these new federal statute[s] and regulations.

Statutory Authority for Adoption: Not applicable.

Statute Being Implemented: Not applicable.

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 rule is no longer necessary because of changed circumstances.

Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The provisions of chapter 392-164 WAC have been superseded by the reauthorizations of Title I, Part C and subsequent adoption of and revisions to 34 C.F.R. Part 200, Subpart C. The new federal statute and regulations govern the same activity that chapter 392-164 WAC governed, making the state rule obsolete, redundant, and unnecessary.

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 February 19, 2020.

December 16, 2019

Chris P. S. Reykdal

State Superintendent

of Public Instruction

The following chapter of the Washington Administrative Code is repealed: