WSR 12-11-064



[ Filed May 15, 2012, 11:56 a.m. ]

Subject of Possible Rule Making: Amendments to WAC 180-18-040 Waivers from minimum one hundred eighty-day school year requirement and student to teacher ratio requirement, 180-18-050 Procedure to obtain waiver, and the adoption of any rules necessary to implement criteria for the granting of waivers to a school district from the one hundred eighty day school year.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.305.140, 28A.305.141, 28A.655.180.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington state board of education (SBE) is considering the adoption of criteria governing requests for waivers from the statutory requirement for a one hundred eighty day school year and providing for other requirements as determined necessary to evaluate a district's need for a waiver or waivers. These changes are intended to delete language relating to waivers for student-to-teacher ratio requirements that is now obsolete due to legislation adopted in 1999 and provide clarity, consistency and greater certainty in how the board will exercise its delegated waiver authority.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal and state agencies regulate this subject.

Process for Developing New Rule: The SBE will solicit comments and recommendations regarding new or amended rules governing waivers from school districts prior to the filing of the CR-102. Interested parties who wish to provide public comment may do so at upcoming board meetings; please see for upcoming meeting agendas. In addition, information regarding the development of the rule can also be found in upcoming SBE newsletters and on the waiver web page at

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jack Archer, Senior Policy Analyst, Washington State Board of Education, Old Capitol Building, Room 253, P.O. Box 47206, Olympia, WA 98504, parties are encouraged to submit comments in writing to

May 15, 2012

Ben Rarick

Executive Director

Washington State Code Reviser's Office