WSR 09-01-090

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed December 16, 2008, 10:41 a.m. ]

Title of Rule and Other Identifying Information: WAC 392-137-235 Residency of handicapped children -- Special condition.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY February 23, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The special education WAC chapter referred to in this WAC has been revised from chapter 392-171 to 392-172A WAC. This updates that reference.

Reasons Supporting Proposal: Referenced chapter 392-171 WAC has changed.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: RCW 28A.150.290.

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

Name of Proponent: Superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Mitch Thompson, 600 South Washington Street, Olympia, (360) 725-6306; Implementation: Calvin W. Brodie, 600 South Washington Street, Olympia, (360) 725-6301; and Enforcement: Jennifer Priddy, 600 South Washington Street, Olympia, (360) 725-6292.

November 25, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-2086.1


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

WAC 392-137-235   Residency of handicapped children -- Special condition.   Notwithstanding the definitions of resident and nonresident district pursuant to this chapter, in the event a student who is eligible for special education pursuant to chapter ((392-171)) 392-172A WAC transfers pursuant to this chapter from a resident school district to a nonresident district, the nonresident district shall be deemed the resident district for the purposes of chapter ((392-171)) 392-172A WAC and shall be required to perform all legal duties as otherwise required by the resident district, including the transportation of the transferring handicapped student if so required as a related service.

[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). 90-19-068 (Order 26), 392-137-235, filed 9/17/90, effective 10/18/90.]

Washington State Code Reviser's Office