WSR 02-22-059

PERMANENT RULES

WASHINGTON STATE

SCHOOL FOR THE DEAF

[ Filed November 1, 2002, 11:37 a.m. ]

Date of Adoption: October 2, 2002.

Purpose: To implement ESSB 6558, chapter 209, Laws of 2002, changes to governance.

Citation of Existing Rules Affected by this Order: Amending WAC 148-100-001.

Statutory Authority for Adoption: RCW 72.42.041.

Adopted under notice filed as WSR 02-17-002 on August 8, 2002.

Changes Other than Editing from Proposed to Adopted Version: WAC 148-100-010: Recurring date of regular meetings will be first Wednesday of each month.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

October 17, 2002

Pat Clothier

Chair

OTS-6008.1


AMENDATORY SECTION(Amending WSR 90-16-012, filed 7/19/90, effective 8/19/90)

WAC 148-100-001   Description of organization.   (1) The Washington state school for the deaf is a state agency established and organized under the authority of chapter 72.40 RCW. ((The primary purpose of the school is to educate and train hearing impaired children.)) The school provides special education and related services to deaf and hearing impaired students pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et seq.; and as administered and generally supervised by the superintendent of public instruction under chapter 28A.155 RCW.

(2) The school operates under the direction and control of the superintendent((.)) and the board of trustees ((serves as an advisory board to the superintendent and to the legislature and performs various other functions as provided in chapter 72.42 RCW. The school provides consolidated services for the use of the Washington state school for the deaf and the Washington state school for the blind under an interagency agreement. A description of the administrative organization of the school is available at the administrative office of the school)). The school is governed by a nine-member board of trustees, appointed by the governor, which is responsible for performing needed oversight services to the governor and legislature in the development of programs for the hearing impaired and in the operation of the school. The superintendent is the principal administrative officer of the school and shall be responsible for supervision and management of the school and its programs as well as other duties which are prescribed by section 3, chapter 209, Laws of 2002.

(3) The administrative office of the school is located at 611 Grand Blvd., Vancouver, Washington 98661. Any person may obtain additional information and make submissions and requests at the administrative office. Additional information concerning organization and educational programs may also be obtained from the school's webpage at http://www.wsd.wa.gov.

[Statutory Authority: RCW 72.40.022 and 34.05.220 (1)(b). 90-16-012, 148-100-001, filed 7/19/90, effective 8/19/90.]

BYLAWS
NEW SECTION
WAC 148-100-010   Time and place of board meetings.   The board of trustees shall hold regular meetings on the first Wednesday of each month pursuant to a schedule established yearly by the board and such special meetings as may be requested by the chair of the board or by a majority of the members of the board and announced in accordance with RCW 42.30.080. A regular meeting may be canceled by action of the board or the board chair.

Meetings of the board shall be at the Washington School for the Deaf, 611 Grand Blvd., Vancouver, Washington 98661, or at such other location as the board may determine.

All regular and special meetings are open to the general public; however, the chair may call an executive session when permitted by law at which members of the general public shall not be present unless invited.

No official business may be conducted by the board of trustees except during a regular or special meeting. No individual member of the board may act on behalf of the board unless specifically instructed by action of the board.

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NEW SECTION
WAC 148-100-020   Meetings -- Board agenda -- Communication.   (1) Anyone, other than a board member or a representative of the superintendent's office wishing an item placed on the agenda of a board meeting, must have a written request to the board secretary, superintendent's office, no later than twelve o'clock noon twelve business days before the next scheduled meeting of the board. The secretary will relate the request to the chair of the board as soon as feasible. The chair will determine whether the item is to be placed on the agenda. The chair or designee will notify the individual initiating the request as to whether or not the item will be placed on the agenda.

(2) All materials to be considered by the board must be submitted in sufficient quantities to provide each member of the board and the secretary with appropriate copies. To allow the board to have the benefit of background information and research, the superintendent shall be given an opportunity, whenever possible, to review and evaluate all materials prepared for consideration by the board prior to submission to the board. The superintendent shall also have the opportunity to make recommendations prior to a decision by the board on the matter.

(3) Proposed new policies and/or changes in policy will be presented first to the board of trustees as a report. Board action will usually be taken at a subsequent meeting. If expedient action on the matter would clearly be beneficial to the school, the board may consider taking action at the time the policy is first presented to the board.

(4)(a) Each regular meeting of the board shall provide members of the public an opportunity to address the board on any item of business. Groups and individuals are to submit their statements in writing to the board secretary, superintendent's office, whenever possible no less than two weeks prior to the time of the meeting. The board encourages groups to designate a spokesperson to address the board on their behalf.

(b) The chair of the board reserves the right to determine time limits on statements and presentations.

(c) The intent of the board shall be to provide equal time for opposing presentations. The chair also maintains the right to regulate the subject matter of that which may be presented or discussed at the open meeting including, but not limited to, matters which are the subject of current or pending grievances or adjudicative or disciplinary proceedings. Matters for consideration, discussion, and/or debate will be limited to the extent allowed by the Open Public Meetings Act, chapter 42.30 RCW.

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NEW SECTION
WAC 148-100-030   Officers of the board.   (1) At the first regular meeting of the board each fiscal year, the board shall elect from its membership, a chair and vice-chair to serve for the ensuing year. In addition, the superintendent of the Washington school for the deaf shall serve as secretary to the board of trustees. The secretary may, at his or her discretion, appoint the executive assistant to the superintendent to act as recording secretary for all regular and special meetings of the board.

(2) The chair shall preside at each regular or special meeting of the board, sign all legal and official documents recording action of the board, and review the agenda prepared for each meeting of the board. The chair shall, while presiding at official meetings, have full right of discussion and vote.

(3) The vice-chair shall act as chair of the board in the absence of the chair.

(4) In case of the absence of the chair and vice-chair from any meeting of the board of trustees or in case of the inability of both of the two to act, the board of trustees shall elect for the meeting a chair pro tempore, and may authorize such chair pro tempore to perform the duties and acts authorized or required by said chair or vice-chair to be performed, as long as the inability of these said officers to act may continue.

(5) The secretary of the board shall, in addition to any duties imposed by law or the governor, keep the official seal of the board, maintain all records of meetings and other official action of the board.

(6) The secretary shall also be responsible for board correspondence, compiling the agenda of meetings, and distributing the minutes of the meetings and related reports.

(7) The secretary, or his or her designee, must attend all regular and special meetings of the board, and official minutes must be kept of all such meetings except in executive sessions.

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NEW SECTION
WAC 148-100-040   Records of board action.   All business transacted in official board meeting shall be recorded in minutes and filed for reference. Records are kept in the office of the secretary of the board.

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NEW SECTION
WAC 148-100-050   Revision of bylaws.   (1) The board of trustees may adopt bylaws to govern its operations. A record of these bylaws shall be maintained in the office of the president.

(2) Bylaws of the board may be revised by majority vote of the board, provided such changes are proposed at least one meeting prior to the meeting at which the vote is taken. Bylaws may be revised by unanimous vote of the board at the same meeting at which the revision is originally proposed.

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RULES COORDINATOR
NEW SECTION
WAC 148-100-200   Rules coordinator.   The rules coordinator for the Washington school for the deaf as designated by the board of trustees is:

Superintendent

Washington School for the Deaf

611 Grand Blvd.

Vancouver, Washington 98661

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Washington State Code Reviser's Office