WSR 07-18-074

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 4, 2007, 11:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-14-069.

Title of Rule and Other Identifying Information: WAC 392-122-205 State institutional education program -- Eligible programs.

Hearing Location(s): Old Capitol Building, 600 South Washington, Olympia, WA 98504-7200, on October 10, 2007, at 10:00 a.m.

Date of Intended Adoption: October 11, 2007.

Submit Written Comments to: Mitch Thompson, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, e-mail mitch.thompson@k12.wa.us, fax (360) 664-3683, by September 14, 2007.

Assistance for Persons with Disabilities: Contact Clarice Nnanabu by September 14, 2007, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise current rules to allow the opportunity for institutional funding monies to be paid to a school district where the services for the staffed residential rehabilitation home residents occurs in a school operated facility rather than at the rehabilitation home.

Reasons Supporting Proposal: Some of these homes do not have the classroom space for effective learning for the students living there. The residence isn't always the least restrictive environment for the student.

Statutory Authority for Adoption: RCW 28A.150.290.

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

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Mitch Thompson, Office of Superintendent of Public Instruction, (360) 725-6306; Implementation: Calvin W. Brodie, Office of Superintendent of Public Instruction, (360) 725-6300; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.

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

A cost-benefit analysis is not required under RCW 34.05.328. This rule is not applicable to nongovernmental agencies.

Dr. Terry Bergeson

State Superintendent

OTS-9854.1


AMENDATORY SECTION(Amending WSR 05-15-127, filed 7/18/05, effective 8/18/05)

WAC 392-122-205   State institutional education program -- Eligible programs.   Programs supported as state institutional education programs include those provided in:

(1) State operated group homes -- i.e., facilities maintained by the division of juvenile rehabilitation of the department of social and health services to house adjudicated youth twenty-four hours a day;

(2) Juvenile detention centers -- i.e., facilities meeting the definition of a "detention facility" in RCW 13.40.020.

(3) Institutions for juvenile delinquents -- i.e., facilities maintained by the division of juvenile rehabilitation of the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts.

(4) Residential habilitation centers -- i.e., facilities maintained by the division of developmental disabilities of the department of social and health services for care and treatment of persons with exceptional needs by reason of mental and/or physical deficiency.

Programs providing educational services to youth in a residential rehabilitation center may include services provided at facilities controlled and operated by the school district providing those services.

(5) Adult correctional facilities housing juveniles -- i.e., facilities maintained by the state department of corrections for juvenile inmates under eighteen years of age.

[Statutory Authority: RCW 28A.150.290. 05-15-127, 392-122-205, filed 7/18/05, effective 8/18/05; 01-24-002, 392-122-205, filed 11/21/01, effective 12/22/01. Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-205, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 95-08-025, 392-122-205, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), 392-122-205, filed 1/10/92, effective 2/10/92. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), 392-122-205, filed 10/2/84.]

Washington State Code Reviser's Office