WSR 02-17-002

PROPOSED RULES

WASHINGTON STATE

SCHOOL FOR THE DEAF

[ Filed August 8, 2002, 9:02 a.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: Chapter 148-100 WAC, Organization.

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

     Statutory Authority for Adoption: RCW 72.40.022.

     Statute Being Implemented: Chapter 209, Laws of 2002.

     Summary: Changes are needed to implement ESSB 6558, chapter 209, Laws of 2002, which revised the governance structure at the Washington School for the Deaf. The powers and duties of the board of trustees, formerly an advisory body, have been changed. The superintendent shall continue to supervise and manage the school, however, many of the superintendent's duties require approval by the board of trustees. ESSB 6558 requires the board to adopt bylaws and rules for its governance.

     Reasons Supporting Proposal: Required by state law.

     Name of Agency Personnel Responsible for Drafting: Bonnie Y. Terada, Attorney General's Office, 1220 Main Street, Suite 510, Vancouver, WA 98660, (360) 759-2100; Implementation and Enforcement: Len Aron, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, (360) 414-0400.

     Name of Proponent: Washington State School for the Deaf, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Changes are needed to implement ESSB 6558, chapter 209, Laws of 2002, which revised the governance structure at the Washington School for the Deaf. The powers and duties of the board of trustees, formerly an advisory body, have been changed. Effective July 1, 2002, the board of trustees is a governing body responsible for performing oversight services to the governor and legislature, and directing, managing and supervising the operations of the school. The superintendent shall continue to supervise and manage the school, however, many of the superintendent's duties require approval by the board of trustees. ESSB 6558 requires the board to adopt bylaws and rules for it governance.

     Proposal Changes the Following Existing Rules: As described above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impacts have been identified.

     Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 does not apply to this rule adoption. The rules are not considered significant legislative rules by the Washington School for the Deaf.

     Hearing Location: Washington State School for the Deaf, Administrative Conference Room, 611 Grand Boulevard, Vancouver, WA 98661, on October 2, 2002, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Judy Smith by July 3, 2001 [October 1, 2002], TTY (360) 414-0401.

     Submit Written Comments to: Len Aron, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, fax (360) 696-6291, by September 16, 2002.

     Date of Intended Adoption: October 2, 2002.

August 6, 2002

Len Aron

Superintendent

Chapter 148-100 WAC

ORGANIZATION



AMENDATORY SECTION [(Amending WSR 90-16-012, filed 7/19/90)]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. ((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 Laws of 2002, ch. 209, sec. 3.

     (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.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.BYLAWS
NEW SECTION
WAC 148-100-010   Time and place of board meetings.   The board of trustees shall hold regular meetings on the third Thursday 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 cancelled 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 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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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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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