WSR 22-17-163

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed August 24, 2022, 9:46 a.m.]

Title of Rule and Other Identifying Information: WAC 392-162-100 and 392-162-115, related to learning assistance programs (LAP).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In June 2022, the office of superintendent of public instruction (OSPI) updated chapter 392-162 WAC concerning LAP (see WSR 22-11-051). In the course of the rule-making process, two sections were unintentionally omitted from the list of sections to repeal. The purpose of this expedited rule making is to correct this oversight and complete the process of repealing WAC 392-162-100 and 392-162-115.

The purpose of repealing these sections is to eliminate redundancies in language that already exist in statute and guidance.

Reasons Supporting Proposal: For WAC 392-162-115, the language is already stated in RCW 28A.165.065. For WAC 392-162-100, the language makes recommendations that already exist in federal and state guidance provided to districts concerning implementation of LAP. Repealing these sections would not make any substantive change to the LAP program.

Statutory Authority for Adoption: RCW 28A.165.075.

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

Name of Agency Personnel Responsible for Drafting and Implementation: Annie Pennell, OSPI, 600 South Washington Street, Olympia, WA, 360-725-6190.

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 rule language already exists in state statute and/or already exists in federal and state regulations and guidance.

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 Kristin Murphy, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, phone 360-725-6133, email kristin.murphy@k12.wa.us, AND RECEIVED BY October 25, 2022.

August 22, 2022

Chris P. S. Reykdal

State Superintendent of Public Instruction

OTS-3987.1

The following sections of the Washington Administrative Code are repealed: