WSR 10-21-114

PREPROPOSAL STATEMENT OF INQUIRY

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 20, 2010, 10:57 a.m. ]

Subject of Possible Rule Making: Amending sections of or adding new sections to chapter 392-190 RCW [WAC] to implement E2SHB 3026, K-12 Education-prohibition of discrimination. Section 3 of E2SHB 3026 states that the superintendent of public instruction (OSPI) shall develop rules and guidelines to eliminate discrimination as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings and in textbooks and instructional materials used by students. Existing sections of chapter 392-190 RCW [WAC] pertaining to sex equity may also be amended to conform with the new sections.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.642.020 and 28A.640.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 3026, codified as chapter 28A.642 RCW, specifically authorizes OSPI to take affirmative steps to ensure that school districts comply with all civil rights laws, similar to what has already been authorized in chapter 28A.640 RCW with respect to discrimination on the basis of sex. OSPI is seeking input on rules addressing OSPI's duty to eliminate discrimination on the basis of race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings and in textbooks and instructional materials used by students.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Education-Office of Civil Rights, Washington state human rights commission.

Process for Developing New Rule: Receiving input from public town hall meetings, electronic surveys, constituent meetings, and interested groups and individuals.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Yvonne Ryans, Ed.D., Director of Equity and Civil Rights, OSPI, yvonne.ryans@k12.wa.us, (360) 725-6162, OSPI web site http://www.k12.wa.us/Equity/default.aspx and public hearing to be scheduled.

October 20, 2010

Randy Dorn

Superintendent of

Public Instruction

Washington State Code Reviser's Office