[Filed April 1, 2020, 11:57 a.m., effective May 2, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule making simplifies the filing and transmittal process by allowing certain appeals, including nonresident student transfer appeals, to be submitted directly to the office of administrative hearings (OAH) from the filing party. The adopted rule would simplify the filing process and reduce staff time and resource use for both the office of superintendent of public instruction (OSPI) and OAH staff. The impact on filing parties would be the initial change of filing address and email. There are also technical changes made to clarify cited authorities.
Citation of Rules Affected by this Order: Repealing WAC 392-137-200; and amending WAC 392-101-001, 392-101-005, 392-101-010, 392-101-015, 392-137-190, and 392-137-195.
Adopted under notice filed as WSR 19-24-077 on December 2, 2019.
Changes Other than Editing from Proposed to Adopted Version: The adopted version does not contain changes proposed in OTS 1911.1 to the following sections: WAC 392-172A-05085 Due process hearing request filing and response, 392-172A-05090 Resolution process, 392-172A-05100 Hearing rights, and 392-172A-05160 Appeal of placement decisions and manifestation determinations.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 6, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 6, Repealed 1.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 1, 2020.
of Public Instruction
AMENDATORY SECTION(Amending WSR 89-23-001, filed 11/2/89, effective 12/3/89)
The authority for this chapter is RCW 34.05.220
which authorizes the office of
superintendent of public instruction to adopt rules governing the formal and informal procedures prescribed or authorized by chapter 34.05
AMENDATORY SECTION(Amending WSR 89-23-001, filed 11/2/89, effective 12/3/89)
WAC 392-101-005Administrative practices regarding hearings and rule proceedings.
((The superintendent of public instruction is
))(1) Administrative practices before and pertaining to the office of superintendent of public instruction are
governed by the state Administrative Procedure Act, chapter 34.05
RCW, the Washington State Register Act, chapter 34.08
RCW, and the state office of Administrative Hearings Act, chapter 34.12
RCW. These acts govern the conduct of (("rule" making proceedings and the conduct of "contested case" hearings
))"agency action," "adjudicative proceedings," and "rule making"
as these terms are defined in RCW 34.05.010
(((2) and (3). Appearances in representative capacities before the superintendent of public instruction; the procedures and conditions governing petitions for declaratory rulings or the adoption, amendment, or repeal of a rule; and, the standards, procedures and conditions governing the conduct of contested case hearings and proceedings by or before the superintendent of public instruction shall be as set forth in rules of the state code reviser and the office of administrative hearings as now or hereafter amended. The rules of the code reviser are currently set forth in chapters 1-08 and 1-21 WAC. The rules of the office of administrative hearings are currently set forth in chapter 10-08 WAC
))The rules of the state code reviser provided in chapter 1-21 WAC, and as hereafter amended, and the rules of the office of administrative hearings provided in chapter 10-08 WAC, and as hereafter amended, shall govern procedures and practices before the superintendent of public instruction for the following: Petitions for declaratory rulings; petitions for adoption, amendment, or repeal of a rule; and the conduct of adjudicative proceedings
. All other regulatory actions and hearings conducted by the office of
superintendent of public instruction may be conducted informally at the discretion of the superintendent.
AMENDATORY SECTION(Amending WSR 15-15-107, filed 7/16/15, effective 8/16/15)
WAC 392-101-010Conduct of administrative hearings.
The office of superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the superintendent of public instruction:
(1) Nonresident transfer appeals pursuant to chapter 392-137 WAC ((392-137-055(2))).
(2) Special education hearings pursuant to chapter 392-172A WAC or as amended.
(3) Equal educational opportunity complaints pursuant to WAC ((392-190-075))392-190-079.
(4) Professional certification appeals pursuant to WAC 181-86-150.
(5) National school lunch program, special milk program for children, school breakfast program, summer food service program, and child and adult care food program appeals pursuant to 7 C.F.R. Parts 210, 215, 220, 225 and 226.
(6) Traffic safety education appeals pursuant to WAC 392-153-001 through 392-153-070.
(7) Bus driver authorization appeals pursuant to chapter 392-144 WAC.
(8) Audit resolution appeals of agency management decisions regarding resolution of state and federal audit findings pursuant to chapter 392-115 WAC.
(9) Appeals of enforcement actions withholding or recovering funds, in whole or in part, taken as a result of consolidated program reviews of federal programs conducted in accordance with 34 C.F.R. Sections 80.40 and 80.43.
AMENDATORY SECTION(Amending WSR 91-02-095, filed 1/2/91, effective 2/2/91)
WAC 392-101-015Determination of indigency—Provision of free transcript.
A determination of indigency shall be made for all persons wishing the provision of a free transcript of proceedings pursuant to the following standards:
(1) Any ((person(s)))person receiving one or more of the following types of public assistance programs: ((Aid to families with dependent children, general assistance, poverty related veterans' benefits, food stamps, refugee resettlement benefits, medicaid, or))
(a) Temporary assistance for needy families;
(b) Aged, blind, or disabled assistance benefits;
(c) Medical care services under RCW 74.09.035;
(d) Pregnant women assistance benefits;
(e) Poverty-related veterans' benefits;
(f) Food stamps or food stamp benefits transferred electronically;
(g) Refugee resettlement benefits;
(h) Medicaid; or
(i) Supplemental security income.
(2) Any ((person(s)))person receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level.
AMENDATORY SECTION(Amending WSR 90-19-068, filed 9/17/90, effective 10/18/90)
WAC 392-137-190Appeal notice—Denial of release or admission.
Requests for an appeal shall be addressed to the superintendent of public ((instruction))instruction's designee and shall contain the following:
(1) The name, age, grade level, and residence address, if any, of the student.
(2) The name, mailing address, if any, and the legal relationship of the person, if any, filing the notice of appeal on behalf of the student.
(3) In the case of denial of release, documentation indicating the conditions of WAC 392-137-155 have been met and a copy of all documents or other written evidence submitted to the resident district which indicates the grounds for the requested release.
(4) In the case of denial of admission, documentation that the nonresident district has failed to comply with the standards and procedures specified in WAC 392-137-205.
AMENDATORY SECTION(Amending WSR 97-20-003, filed 9/17/97, effective 10/18/97)
WAC 392-137-195Filing of notices of appeal.
((There is no prescribed method for transmitting appeals to the superintendent of public instruction but receipt of such written appeals by the superintendent of public instruction is a condition precedent to jurisdiction. The material may be hand-delivered or mailed to the following address:
Office of the Superintendent of
P.O. Box 47200
Olympia, Washington 98504-7200))The superintendent of public instruction's designee must receive a notice of appeal as a condition precedent to exercising jurisdiction under this chapter. The notice of appeal must be filed via mail, by fax, or electronically directly with the office of superintendent of public instruction's designee, the office of administrative hearings, at the following:
Office of Administrative Hearings
600 University Street, Suite 1500
Seattle, WA 98101-3126
Electronically: Successfully uploading documents through the filing portal operated by the office of administrative hearings.
The following section of the Washington Administrative Code is repealed:
Appeal to SPI—Denial of application by nonresident district.