WSR 97-15-075




[Filed July 16, 1997, 10:52 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-09-010.

Title of Rule: Chapter 392-137 WAC, Nonresident attendance.

Purpose: To allow claiming of basic education funding for part-time, home-based students enrolled in public schools for alternative education. To prescribe the minimum number of minutes in an hour of instruction. To clarify when sports activities may be claimed for basic education funding. To make other clarifications as needed and delete rules determined to be unnecessary.

Statutory Authority for Adoption: RCW 28A.150.290, 28A.150.350, 28A.225.230.

Summary: See Purpose above.

Reasons Supporting Proposal: To provide parents and students with another school program. Also clarification on what constitutes an hour of instruction and other clarification is needed to make the rules easier to interpret.

Name of Agency Personnel Responsible for Drafting: Richard M. Wilson, Superintendent of Public Instruction, Olympia, 753-2298; Implementation: Thomas J. Case, Superintendent of Public Instruction, Olympia, 753-6708; and Enforcement: Michael L. Bigelow, Superintendent of Public Instruction, Olympia, 753-1718.

Name of Proponent: Superintendent of Public Instruction, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule will have a minor or negligible economic impact.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Wanamaker Conference Room, 2nd Floor, Old Capitol Building, 600 South Washington Street, Olympia, WA 98504-7200, on August 26, 1997, at 10:15 a.m.

Assistance for Persons with Disabilities: Contact Jim Rich by August 12, 1997, TDD (360) 664-3631, or (360) 753-6733.

Submit Written Comments to: Rules Coordinator, Legal Services, P.O. Box 47200, Olympia, WA 98504, FAX (360) 753-4201, by August 25, 1997.

Date of Intended Adoption: August 27, 1997.

July 7, 1997

Dr. Terry Bergeson

Superintendent of

Public Instruction

AMENDATORY SECTION (Amending Order 26, filed 9/17/90, effective 10/18/90)

WAC 392-137-160 Admission by nonresident district--Released students. A nonresident district may admit((, subject to the annual transfer fee provision in WAC 392-137-220,)) all nonresident students who are released by a resident district, the superintendent of public instruction, or a court of law. The provisions of RCW 28A.225.240 shall apply for apportionment and other purposes.

[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). 90-19-068 (Order 26), 392-137-160, filed 9/17/90, effective 10/18/90.]

AMENDATORY SECTION (Amending Order 26, filed 9/17/90, effective 10/18/90)

WAC 392-137-195 Filing 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:

Legal Services

Office of the Superintendent of

Public Instruction

((Old Capitol Building FG-11))

P.O. Box 47200

Olympia, Washington 98504-7200

[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). 90-19-068 (Order 26), 392-137-195, filed 9/17/90, effective 10/18/90.]


The following section of the Washington Administrative Code is repealed:

WAC 392-137-220 Annual transfer fee.

Legislature Code Reviser


Washington State Code Reviser's Office