WSR 98-01-197

PROPOSED RULES

STATE BOARD OF EDUCATION

[Filed December 23, 1997, 4:40 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-118.

Title of Rule: Chapter 180-39 WAC, Pupils--Uniform entry qualifications.

Purpose: To make technical adjustments, repeal unnecessary wording, and provide greater flexibility to school districts.

Statutory Authority for Adoption: RCW 28A.225.160.

Summary: See Explanation of Rule below.

Reasons Supporting Proposal: Reduces unnecessary duplication of statutory language and provides school districts with the flexibility to make appropriate judgements, as a normal course of business, regarding option exceptions, fees, waivers, nondiscrimination, and appeals in accordance with the provisions of RCW 8A.225.160 [28A.225.160].

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: (1) Deletes exception provisos regarding entry into first grade.

(2) Allows school districts to determine the type of screening process and/or instrument(s) used to measure the ability or the need, or both, of an individual student to succeed in earlier entry.

(3) Eliminates redundant repeat of statutory language in rule, and replaces with reference to statute for ease of reference.

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

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

Hearing Location: Educational Service District 113, 601 McPhee Road S.W., Olympia, WA 98502, on January 28, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by January 14, 1998, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, FAX (360) 586-2357, by January 26, 1998.

Date of Intended Adoption: January 29, 1998.

December 23, 1997

Larry Davis

Executive Director

AMENDATORY SECTION (Amending Order 5-83, filed 6/2/83)

WAC 180-39-025 Local option exceptions to uniform entry qualification. School districts may adopt regulations that provide for individual exceptions to the uniform entry qualifications established by this chapter. Such regulations shall provide for a screening process and/or instrument(s) which measure the ability or the need, or both, of an individual student to succeed in earlier entry. ((Such process and/or instrument(s) shall include, but not be limited to, the following areas:

(1) Mental ability;

(2) Gross motor skills;

(3) Fine motor skills;

(4) Visual discrimination;

(5) Auditory discrimination; and

(6) Emotional/social development.))

Note: See also RCW 28A.225.160 for provisions relating to preadmission screening process fees and fee waivers.

[Statutory Authority: RCW 28A.58.190. 83-13-004 (Order 5-83), 180-39-025, filed 6/2/83.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 180-39-027 Fees.

WAC 180-39-028 Fee waivers.

WAC 180-39-030 Early entry nondiscrimination.