WSR 02-14-126



[ Filed July 2, 2002, 2:14 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-08-044.

Title of Rule: Chapter 180-16 WAC, State support of public schools.

Purpose: Amends language for technical purposes.

Statutory Authority for Adoption: RCW 28A.150.220(4), 28A.58.754(6).

Summary: The State Board of Education recommends technical changes to this chapter as a result of the board's Mandate Review Committee.

Reasons Supporting Proposal: Updates current language.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 725-6024.

Name of Proponent: State Board of Education.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The state board is currently in its second cycle of reviewing all board rules and the related authorizing statutes. The cycle is repeated every three years by board rule. The Mandate Review Committee of the board recommends technical changes to chapter 180-16 WAC.

Proposal Changes the Following Existing Rules: Amends current language.

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

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Enumclaw School District Board Room, 2929 McDougall Avenue, Enumclaw, WA 98022-7499, on August 21, 2002, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Laura Moore by August 13, 2002, TDD (360) 664-3631, or (360) 725-6027.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, Patty Martin, Associate Director, fax (360) 586-2357, by August 13, 2002.

Date of Intended Adoption: August 23, 2002.

July 1, 2002

Larry Davis

Executive Director


AMENDATORY SECTION(Amending Order 10-79, filed 9/12/79)

WAC 180-16-162   Strike defined -- Presumption of approved program operation -- Strikes -- Exception -- Approval/disapproval of program during strike period -- Work stoppages and maintenance of approved programs for less than one hundred eighty days not condoned.   (1) Strike defined. For the purpose of this section the term "strike" shall mean: A concerted work stoppage by employees of a school district of which there has been a formal declaration by their recognized representative and notice of the declaration has been provided to the district by the recognized representative at least two calendar school days in advance of the actual stoppage.

(2) Presumption of approved program. It shall be presumed that all school days conducted during a school year for which the state board of education has granted annual program approval are conducted in an approved manner, except for school days conducted during the period of a strike. The following shall govern the approval or disapproval of a program conducted during the period of a strike:

(((1))) (a) Upon the submission of a written complaint, with documentation, of substandard program operation by a credible observer, the state superintendent of public instruction ((may)) shall investigate the complaint and program being operated during the strike.

(((2))) (b) The district's program shall be deemed disapproved if the investigation of the state superintendent establishes a violation of ((any)) one or more of the following standards or, as the case may be, such deviations as have been approved by the state board:

(((a))) (i) All administrators must have proper credentials;

(((b))) (ii) WAC 180-16-220(2) which requires that all teachers have proper credentials;

(((c))) (iii) The school district shall provide adequate instruction for all pupils in attendance;

(((d) WAC 180-16-240 (2)(g) which requires that adequate provisions must be made for the health and safety of all pupils;

(e))) (iv) The local district shall have a written plan for continuing the school program during this period; and

(((f))) (v) The required ratio of enrolled pupils to certificated personnel for the first five days shall not exceed 60 to 1, for the next five days shall not exceed 45 to 1 and thereafter shall not exceed 30 to 1.

(((3))) (c) Program disapproval shall be effective as of the day following transmittal of a notice of disapproval by the state superintendent and shall apply to those particular school days encompassed in whole or in part by the remainder of the strike period.

(((4))) (d) The decision of the state superintendent shall be final except as it may be reviewed by and at the option of the state board of education.

(((5))) (e) The program shall be deemed approved during those days of operation for which a trial court order ((is in effect)) ordering striking employees to work is in effect.

(3) Work stoppages. Nothing in this section or WAC 180-16-191 through 180-16-225 shall be construed as condoning or authorizing any form of work stoppage which disrupts any portion of the planned educational program of a district or the maintenance of an approved program for less than the minimum number of school days required by law, except as excused for apportionment purposes by the superintendent of public instruction pursuant to RCW 28A.150.290.

[Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), 180-16-162, filed 9/12/79; Order 5-73, 180-16-162, filed 9/6/73.]

AMENDATORY SECTION(Amending Order 2-84, filed 5/17/84)

WAC 180-16-191   Programs subject to basic education allocation entitlement requirements.   The requirements, procedures and other provisions set forth in this chapter shall apply to kindergarten programs((,)) and to such portion of the grade one through twelve program, including related vocational instruction, as a school district provides for students enrolled in kindergarten through grade twelve.

[Statutory Authority: RCW 28A.58.754(6). 84-11-043 (Order 2-84), 180-16-191, filed 5/17/84. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), 180-16-191, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. 78-06-097 (Order 3-78), 180-16-191, filed 6/5/78.]

AMENDATORY SECTION(Amending WSR 01-24-092, filed 12/4/01, effective 1/4/02)

WAC 180-16-215   Minimum one hundred eighty school day year.   (1)(a) One hundred eighty school day requirement. Each school district shall conduct a school year of no less than ((a)) one hundred eighty school days ((program each school year)) in such grades as are conducted by ((such)) the school district, and one hundred eighty half-days of instruction, or the equivalent, in kindergarten. If a school district schedules a kindergarten program other than one hundred eighty half-days, the district shall attach an explanation of its kindergarten schedule when providing compliance documentation to the state board of education staff.

(b) Waiver option, application and renewal procedures. See WAC 180-18-050 for waiver process.

(2) School day defined. A school day shall mean each day of the school year on which pupils enrolled in the common schools of a school district are engaged in educational activity planned by and under the direction of the school district staff, as directed by the administration, and pursuant to written policy and board of directors of the district.

(3) Accessibility of program. Each school district's program shall be accessible to all legally eligible students, including students ((of disability)) with disabilities, who are five years of age and under twenty-one years of age who have not completed high school graduation requirements.

(4) Five-day flexibility - Students graduating from high school. A school district may schedule the last five school days of the one hundred eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student.

[Statutory Authority: Chapter 28A.630 RCW. 01-24-092, 180-16-215, filed 12/4/01, effective 1/4/02. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. 95-20-086, 180-16-215, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), 180-16-215, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. 78-06-097 (Order 3-78), 180-16-215, filed 6/5/78.]

Washington State Code Reviser's Office