WSR 10-08-072




[ Filed April 6, 2010, 12:42 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-05-006.

Title of Rule and Other Identifying Information: Chapter 392-141 WAC, Transportation -- State allocation for operations.

Hearing Location(s): Office of the Superintendent for [of] Public Instruction, Wannamaker [Wanamaker] Conference Room, 600 Washington Street S.E., Olympia, WA 98504, on May 11, 2010, at 10:00 a.m.

Date of Intended Adoption: May 11, 2010.

Submit Written Comments to: Allan J. Jones, Director, P.O. Box 47200, Olympia, WA 98504, e-mail, fax (360) 586-6124, by May 7, 2010.

Assistance for Persons with Disabilities: Contact Wanda Griffin by May 7, 2010, TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The low income choice program is not related to the provisions for school choice under the Elementary and Secondary Education Act (no child left behind).

There is no reference to the low income choice program in the Revised Code of Washington (RCW). Previous reference to the program was contained within the state operating budget.

The low income choice transportation program was not utilized for several years prior to the 2009 legislative session. In the 2009-11 Operating budget, all reference to the program was removed. This CR-102 is to remove the sections of WAC 392-141-205, 392-141-210, 392-141-215, 392-141-220, 392-141-225, and 392-141-230 that refer to the distribution of funding for this program.

Statutory Authority for Adoption: RCW 28A.150.150.

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: Cathrine Slagle, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Martin Mueller, Office of Superintendent of Public Instruction, (360) 725-5175; and Enforcement: Allan J. Jones, Office of Superintendent of Public Instruction, (360) 725-6120.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

April 5, 2010

Randy Dorn

State Superintendent



     The following sections of the Washington Administrative Code are repealed:
WAC 392-141-205 Choice low-income criteria.
WAC 392-141-210 Choice program transportation eligibility for reimbursement.
WAC 392-141-215 Choice calculation of payment.
WAC 392-141-220 Choice reimbursement limitations.
WAC 392-141-225 Choice method of payment.
WAC 392-141-230 Choice appropriation limitation.

Washington State Code Reviser's Office