WSR 18-02-032 EMERGENCY RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed December 21, 2017, 12:30 p.m., effective December 21, 2017, 12:30 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: The purpose of this emergency rule is to establish a definition of absence in public schools that is in line with the federal definition. Citation of Rules Affected by this Order: New chapter 392-401 WAC; and repealing WAC 392-400-325. Statutory Authority for Adoption: RCW 28A.300.046. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. Reasons for this Finding: Under the agency's current rule, school districts are required to report all school-related activities to the state as excused absences, including school field trips. That definition does not align with the definition of absence set by the United States Department of Education for federal public education data reporting purposes. The immediate adoption of this emergency rule is necessary to align the state and federal reporting requirements and provide for consistent data collection before the start of the 2017-18 school year. Clarifying the definition of absence for reporting purposes will help ensure that student absences for activities that are a part of the student's scheduled instructional school day do not contribute to the school's chronic absenteeism rates.
A public hearing regarding a permanent rule (WSR 17-17-167) was held on October 31, 2017. The office of superintendent of public instruction is actively undertaking the appropriate procedures to adopt this emergency rule as a permanent rule. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 5, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 0, Repealed 1. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 21, 2017. Chris P. S. Reykdal State Superintendent
of Public Instruction
Chapter 392-401 WAC
STATEWIDE DEFINITION OF ABSENCE, EXCUSED AND UNEXCUSED NEW SECTION
WAC 392-401-005 Purpose.
The purpose of this chapter is to provide a definition of absence to districts that supports accurate and consistent attendance data collection across the state. This effort will support the state and districts to address the challenge of chronic absenteeism, in an effort to improve learning outcomes and success in school for all students and to support the whole child.
NEW SECTION
WAC 392-401-010 Authority.
The authority for this chapter is RCW 28A.300.046, which requires the superintendent of public instruction to adopt rules establishing a standard definition of student absence from school.
NEW SECTION
WAC 392-401-015 Definition of absent or absence.
(1) "Absent" or "absence" means a student is:
(a) Not physically present on school grounds; and
(b) Not participating in instruction or instruction-related activities at an approved off-grounds location for at least fifty percent of the student's scheduled school day.
(2) Absences due to suspensions, expulsions or emergency expulsions imposed pursuant to chapter 392-400 WAC should be reported as excused absences, unless the student is receiving educational services as required by RCW 28A.600.015 and chapter 392-400 WAC.
(3) A student who is marked tardy to class is not absent unless the student otherwise meets the criteria for absence provided in WAC 392-401-015(1).
NEW SECTION
WAC 392-401-020 Excused absences.
The following are valid excuses for absences from school:
(1) Participation in a district or school approved activity, that is not instruction-related;
(2) Illness, health condition or medical appointment (including, but not limited to, medical, counseling, dental or optometry) for the student or person for who the student is legally responsible;
(3) Family emergency including, but not limited to, a death or illness in the family;
(4) Religious or cultural purpose including observance of a religious or cultural holiday or participation in religious or cultural instruction;
(5) Court, judicial proceeding, or serving on a jury;
(6) Post-secondary, technical school or apprenticeship program visitation, or scholarship interview;
(7) State-recognized search and rescue activities consistent with RCW 28A.225.055;
(8) Absence directly related to the student's homeless status;
(9) Absences related to deployment activities of a parent or legal guardian who is an active duty member consistent with RCW 28A.705.010;
(10) Absences due to suspensions, expulsions or emergency expulsions imposed pursuant to chapter 392-400 WAC, unless the student is receiving educational services as required by RCW 28A.600.015 and chapter 392-400 WAC; and
(11) Principal (or designee) and parent, guardian, or emancipated youth mutually agreed upon approved activity.
The school principal (or designee) has the authority to determine if an absence meets the above criteria for an excused absence.
NEW SECTION
WAC 392-401-030 Unexcused absences.
Any absence from school is unexcused unless it meets one of the criteria provided in WAC 392-401-015.
REPEALER
The following section of the Washington Administrative Code is repealed:
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