Effective Date of Rule: Immediately.

     Purpose: The superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year where the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-129-150.

     Statutory Authority for Adoption: RCW 28A.41.170(2).

     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: To excuse more than two scheduled school days or three schedule [scheduled] school days per year due to state of emergency declaration.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 5, 2008.

Dr. Terry Bergeson

State Superintendent

OTS-1303.1

AMENDATORY SECTION(Amending Order 22, filed 12/20/89, effective 1/20/90)

WAC 392-129-150   School emergency closure -- Implementation of superintendent of public instruction's determination of eligibility.   If the superintendent of public instruction determines that the school district has provided a conclusive demonstration that one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons prevented the school district from operating the school, the school district shall receive its full annual allocation of state moneys. However, the superintendent of public instruction may only excuse the school district for up to two scheduled school days per incident and not for more than three scheduled school days per school year. Provided, the superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year where the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.

     If the district did not conclusively demonstrate that it was prevented from operating the school(s), its allocation of state moneys shall be reduced by:

     (1) Dividing the number of days lost by one hundred eighty;

     (2) Multiplying the result obtained in subsection (1) of this section by the annual average full-time equivalent enrollment in the school; and

     (3) Dividing the result obtained in subsection (2) of this section by the annual average full-time equivalent enrollment in the school district.

[Statutory Authority: RCW 28A.41.170(2). 90-01-141 (Order 22), § 392-129-150, filed 12/20/89, effective 1/20/90.]

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