SCHOOL FOR THE BLIND
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Chapter 72-120 WAC, Student conduct code.
Purpose: To implement federal regulatory changes regarding discipline enacted March 12, 1999, resulting from the 1997 amendments to the Individuals with Disabilities Education Act and conform procedures to state law.
Statutory Authority for Adoption: RCW 72.40.022.
Statute Being Implemented: 20 U.S.C. 1400 et seq.
Summary: Changes are needed to comply with the federal regulatory changes regarding discipline for children with disabilities adopted on March 12, 1999, as a result of the 1997 amendments to the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., and the corresponding state regulatory changes related to disciplinary exclusion adopted by the State Educational Agency, Office of the Superintendent of Public Instruction, on January 1, 2000.
Reasons Supporting Proposal: Required for federal and state law.
Name of Agency Personnel Responsible for Drafting: Bonnie Y. Terada, Attorney General's Office, 1220 Main Street, Suite 510, Vancouver, WA 98660, (360) 759-2100; Implementation and Enforcement: Dr. Dean O. Stenehjem, Washington State School for the Blind, 2214 East 13th Street, Vancouver, WA 98661-4120, (360) 696-6321.
Name of Proponent: Washington State School for the Blind, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The new and revised rules implement the 1997 amendments to the Individuals with Disabilities Education Act ("IDEA '97") and the regulations of the United States Department of Education related to discipline and disciplinary exclusion of children with disabilities adopted as a result of IDEA '97. The rules also provide policies and procedures which are consistent with corresponding regulations of the Office of the Superintendent of Public Instruction, the State Educational Agency responsible for ensuring compliance by public agencies involved in the delivery of special education.
Proposal Changes the Following Existing Rules: As described above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impacts have been identified.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The rules are not considered significant legislative rules by the Washington State School for the Blind.
Hearing Location: Old Main Board Room, Washington State School for the Blind, 2214 East 13th Street, Vancouver, WA 98661, on June 7, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Janet Merz by June 1, 2001, (360) 696-6321 ext. 120.
Submit Written Comments to: Dr. Dean O. Stenehjem, Superintendent, Washington State School for the Blind, Vancouver, Washington 98661, fax (360) 737-2120, by June 6, 2001.
Date of Intended Adoption: June 7, 2001.
April 12, 2001
Dr. Dean O. Stenehjem
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 01-10 issue of the Register.