EXPEDITED RULES
PUBLIC INSTRUCTION
Title of Rule and Other Identifying Information: WAC 392-500-030 Pupil tests and records -- Certain tests,
questionnaires, etc. -- Limitations.
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 Robert Harkins, Deputy Superintendent, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504 , AND RECEIVED BY March 8, 2010.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change reiterates and clarifies the existing rights and responsibilities of public school officials who administer student surveys and questionnaires, and of students and their parents/guardians.
Reasons Supporting Proposal: The need for clarifying language is, consistent with federal law, to affirm that student behavioral surveys are voluntary.
Statutory Authority for Adoption: RCW 28A.150.070 and 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: Robert Harkins, 600 Washington Street S.E., Olympia, WA, (360) 725-6000; Implementation and Enforcement: Martin Mueller, 600 Washington Street S.E., Olympia, WA, (360) 725-6000.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: WAC 392-500-030 is to be amended as follows: "All surveys of student behavior require advance notice to the student and his/her parent/guardian and must be administered on a voluntary basis only. Any student or parent has a right to decline to participate in the survey without consequence or retaliation. No written or oral test, questionnaire, survey, or examination shall be used to elicit the personal beliefs or practices of a student or his parents as to religion except with the written consent of parent or guardian.["]
This amendment does not require changes in statutory language, implementation, enforcement, or fiscal matters.
January 4, 2010
Randy Dorn
Superintendent of
Public Instruction
OTS-2915.1
AMENDATORY SECTION(Amending WSR 09-16-144, filed 8/5/09,
effective 9/5/09)
WAC 392-500-030
Pupil tests and records -- Certain tests,
questionnaires, etc. -- Limitations.
All surveys of student
behavior require advance notice to the student and his/her
parent/guardian and must be administered on a voluntary basis
only. Any student or parent has a right to decline to
participate in the survey without consequence or retaliation.
No written or oral test, questionnaire, survey, or examination
shall be used to elicit the personal beliefs or practices of a
student or his parents as to religion except with the written
consent of parent or guardian.
[Statutory Authority: RCW 28A.150.070 and 28A.150.290. 09-16-144, § 392-500-030, filed 8/5/09, effective 9/5/09. Statutory Authority: 2006 c 263. 06-14-009, recodified as § 392-500-030, filed 6/22/06, effective 6/22/06; Order 10-69, § 180-52-030, filed 12/5/69.]