WSR 03-16-015



[ Filed July 28, 2003, 10:59 a.m. ]

Date of Adoption: July 10, 2003.

Purpose: To update and clarify administrative rules on appointing authority for employees, board of trustees meetings and procedures, and procedures for adjudicative proceedings (chapters 132F-01, 132F-104 and 132F-108 WAC), and to repeal the existing chapter on student policies and procedures (chapter 132F-120 WAC) and replace it with new chapter 132F-121 WAC, Student activities, rights, and discipline.

Citation of Existing Rules Affected by this Order: Repealing chapter 132F-120 WAC; and amending chapters 132F-01, 132F-104, and 132F-108 WAC.

Statutory Authority for Adoption: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140.

Adopted under notice filed as WSR 03-06-067 on March 3, 2003.

Changes Other than Editing from Proposed to Adopted Version: 1. WAC 132F-104-010 was changed to remove the suggestion of an ambiguity that does not exist regarding the board of trustees' meeting dates. The word "normally" was deleted from new language in the second sentence.

2. WAC 132F-121-020(1) was changed to identify the role of the entire district community in supporting a learning environment. The word "district" was substituted for the word "academic" in the fifth sentence.

3. WAC 132F-121-020(2) was changed to include the prohibition of expressions or conduct which create a hostile educational environment and, by deleting reference to just three types of discrimination, eliminate the implied minimization of other forms of discrimination based on age, religion, disability or other characteristics. After the phrase "However, students' rights of classroom expression do not include..." at the beginning of the third sentence, the phrase "expression of racist, sexist, homophobic, and other views which create a hostile work environment under" was deleted and replaced with "expressions or conduct which create a hostile educational environment or violate."

4. WAC 132F-121-020(5) was changed to recognize existing protection for students to support causes lawfully. The phrase "and lawful" was inserted in the third sentence between "orderly" and "means."

5. WAC 132F-121-030(2) was changed to clarify the conditions under which membership lists for student organizations may be required and the limited conditions under which disclosure of these lists may occur. This proposed subsection was modified (particularly in the first two sentences) to read:

"A college may require, as a condition of access to campus funds and/or facilities, demonstration or proof of the student enrollments of a student organization's members. However, any list of members compiled for such purposes shall not be publicly disclosed except in accordance with applicable law. A college may, in its discretion, permit others, such as students' spouses, to participate in a student organization's activities under appropriate conditions."

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 26, Amended 12, Repealed 36.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 26, Amended 9, Repealed 36.

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.
Effective Date of Rule: Thirty-one days after filing.

July 24, 2003

Carin Weiss

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-17 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office