WSR 10-11-040




[ Filed May 11, 2010, 2:13 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-07-074.

Title of Rule and Other Identifying Information: WAC 392-137-115 Student resident definition.

Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, Wanamaker Conference Room, 600 South Washington, Olympia, WA, on June 22, 2010, at 10:30 a.m.

Date of Intended Adoption: June 22, 2010.

Submit Written Comments to: Becky McLean, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 664-3683, by June 20, 2010.

Assistance for Persons with Disabilities: Contact Kristin Collins, by June 20, 2010, TTY (360) 664-3631 or (360) 725-6270.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We propose that the standard of residency to be a student's expectation to reside at a particular address for more than twenty days. This aligns with WAC 392-121-108(1), which instructs districts to not count a student who are [is] absent for more than twenty days.

Reasons Supporting Proposal: Residency establishes a district's responsibility to serve a student. Current rules do not provide guidelines or standards for a timeline to be considered when evaluating a student's residency status. This rule establishes a twenty day window for a district's consideration of student residency.

Statutory Authority for Adoption: RCW 28A.150.290(1).

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: Becky McLean, Old Capital [Capitol] Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation and Enforcement: Calvin W. Brodie, Old Capital [Capitol] Building, 600 South Washington, Olympia, WA, (360) 725-6301.

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.

May 11, 2010

Randy Dorn

State Superintendent


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

WAC 392-137-115   Student residence -- Definition.   As used in this chapter, the term "student residence" means the physical location of a student's principal abode -- i.e., the home, house, apartment, facility, structure, or location, etc. -- where the student lives the majority of the time. The following shall be considered in applying this section:

(1) The mailing address of the student -- e.g., parent's address or post office box -- may be different than the student's principal abode.

(2) The student's principal abode may be different than the principal abode of the student's parent(s).

(3) The lack of a mailing address for a student does not preclude residency under this section.

(4) If students are expected to reside at address for twenty days or more.

[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). 90-19-068 (Order 26), 392-137-115, filed 9/17/90, effective 10/18/90.]

Washington State Code Reviser's Office