Subject of Possible Rule Making: The proposed rule change will address WAC 392-190-026, which is more restrictive and inconsistent with RCW 28A.640.020 and Title IX regulations (34 C.F.R. § 106.41).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.640.020 and 28A.642.020.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As the rule is currently written, WAC 392-190-026 only allows schools to maintain separate sports teams for girls and boys in grades 7-12. Sports teams in grades K-6 must be coeducational. This is inconsistent with RCW 28A.642.020 and Title IX, which allow schools to provide separate sports teams at any grade, provided that they do so with no disparities based on sex.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Education's Office for Civil Rights regulates the provision of student athletics under Title IX of the Education Amendments of 1972. There is no need to coordinate this rule change with this agency.

     Process for Developing New Rule:      Agency study.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Yvonne Ryans, Director of Equity and Civil Rights, Office of the Superintendent of Public Instruction, Yvonne.Ryans@k12.wa.us, (360) 725-6162, http.//www.k12.wa.us/Equity. A public hearing will also be scheduled.

January 17, 2013

Randy Dorn

Superintendent of

Public Instruction