WSR 15-11-079 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed May 19, 2015, 1:18 p.m., effective June 19, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: This amended rule provides further clarification for tribal compact application deadlines.
Citation of Existing Rules Affected by this Order: Amending WAC 392-800-825 Application—Approval process—Timeline.
Statutory Authority for Adoption: RCW 28A.715.010.
Adopted under notice filed as WSR 15-08-085 on March 31, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 15, 2015.
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 14-04-001, filed 1/22/14, effective 2/22/14)
WAC 392-800-825 Application—Approval process—Timeline.
(1) Beginning in February 2014, eligible federally recognized tribes or BIE schools may apply to the superintendent of public instruction to initiate negotiations to enact a state-tribal education compact.
(2) Federally recognized tribes or BIE schools seeking approval of a state-tribal education compact must submit the application to the superintendent of public instruction by February 1st of the school year preceding the year in which the federally recognized tribes or BIE school seeks to commence operation of a compact school. ((Federally recognized tribes or BIE schools seeking to commence operation of a compact school in 2014 must submit an application by April 15, 2014.))
(3) The application must be hand delivered or mailed to the superintendent of public instruction at the following address:
Superintendent of Public Instruction
600 Washington Street S.E.
P.O. Box 47200
Olympia, WA 98504
(4) Within ninety days of his or her receipt of the application, the superintendent of public instruction will convene a government-to-government meeting for the purpose of considering the application and initiating negotiations.
(5) The superintendent of public instruction will approve or disapprove state-tribal education compact applications no later than April 15th of the school year, as defined by WAC 392-121-031, in which the federally recognized tribe or BIE school intends to commence operation of a compact school. The superintendent of public instruction's approval or disapproval of the application shall constitute final agency action.
(6) State-tribal education compacts must be executed by the superintendent of public instruction and the federally recognized tribe or BIE school governing body on or before June 30th prior to the operation of a compact school commences.
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