WSR 13-08-001




[ Filed March 20, 2013, 3:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-23-001.

Title of Rule and Other Identifying Information: Chapter 392-135 WAC addresses the creation of interdistrict cooperation programs. The chapter establishes the conditions pursuant to which school districts may cooperate in interdistrict tuition-free education programs including, but not limited to, vocational and handicapped programs.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 Washington Street S.E., Olympia, WA 98504, on May 8, 2013, at 10:00 a.m.

Date of Intended Adoption: May 9, 2013.

Submit Written Comments to: T. J. Kelly, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 664-3683, by May 8, 2013.

Assistance for Persons with Disabilities: Contact Wanda Griffin, TTY (360) 725-6270 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The objective of this proposal is to remove the requirement of school districts to require approval from OSPI in order to operate an interdistrict cooperation program.

Reasons Supporting Proposal: To allow school districts to form interdistrict cooperation programs in a more efficient and time sensitive members [manner].

Statutory Authority for Adoption: RCW 28A.150.290 and 84.52.0531.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting and Implementation: T. J. Kelly, OSPI, Olympia, Washington, (360) 725-6301; and Enforcement: JoLynn Berge, OSPI, Olympia, Washington, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 per subsection (5)(a)(1)[(i)]. Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

March 20, 2013

Randy Dorn

State Superintendent


AMENDATORY SECTION(Amending Order 7-75, filed 12/22/75)

WAC 392-135-015   Program types.   ((Subject to the prior approval of the superintendent of public instruction,)) Any school district may cooperate with one or more other school districts in the joint maintenance and operation of educational programs or services:

(1) As a part of the operation of a joint facility, or otherwise; and

(2) On a full- or part-time attendance basis, or a regular 180-day or extended school year basis.

[Order 7-75, 392-135-015, filed 12/22/75. Formerly WAC 392-15-910, 392-15-735.]

AMENDATORY SECTION(Amending Order 81-21, filed 9/18/81)

WAC 392-135-020   ((Application -- Requirements for approval.)) Interdistrict cooperation contracts.   (1) ((Application. The proposed serving district shall be the applicant school district. The applicant school district shall submit a written application for the operation of an interdistrict cooperation program and the proposed written agreement(s) to be entered into by each participating school district to the superintendent of public instruction, division of financial services.)) An interdistrict cooperation contract shall be agreed upon by each participating school district and include and set forth at least the following:

(a) A description of the services and program.

(b) The number of students to be served from each district.

(c) The estimated amount of any operating costs of the program that are not funded from state or federal sources and the method of sharing such unfunded costs.

(2) ((Requirements for approval consideration.)) Interdistrict cooperation programs ((eligible for consideration and approval by the superintendent of public instruction)) shall be:

(a) Voluntary.

(b) Tuition free.

(c) Necessary for the express purpose of:

(i) Providing educational programs not otherwise available; and/or

(ii) Avoiding unnecessary duplications of specialized or unusually expensive programs and facilities; and/or

(iii) Improving racial balance within and among school districts.

(d) Interdistrict cooperation contracts shall be approved in advance of the board of directors of each participating school district.

(e) Interdistrict cooperation contracts shall be retained by each participating school district, and shall be made available upon request for audit or review purposes.

[Statutory Authority: RCW 28A.58.075(2) and 28A.58.245. 81-19-091 (Order 81-21), 392-135-020, filed 9/18/81; Order 7-75, 392-135-020, filed 12/22/75. Formerly WAC 392-15-915, 392-15-740.]

AMENDATORY SECTION(Amending Order 81-21, filed 9/18/81)

WAC 392-135-021   Reporting requirements.   (1) Each school district shall provide, upon request of the superintendent of public instruction, such data as the superintendent deems appropriate to identify the resident school district of all nonresident students enrolled in a school district cooperative program who are attending classes in a school district other than the school district in which the student is resident, excepting all high school students from nonhigh school districts.

(2) ((The superintendent of public instruction shall provide each serving district of each approved interdistrict cooperative with necessary report forms and shall advise each serving district of the due date established by the superintendent for the return of such completed report forms to the educational service districts or to the superintendent of public instruction as now or hereafter established by the superintendent and published in bulletins of the division of financial services.

(3))) Data required by this section shall be used by the superintendent of public instruction for the purposes of WAC 392-121-170 and chapter 392-139 WAC as now or hereafter amended.

[Statutory Authority: RCW 28A.58.075(2) and 28A.58.245. 81-19-091 (Order 81-21), 392-135-021, filed 9/18/81.]

AMENDATORY SECTION(Amending Order 18, filed 7/19/90, effective 8/19/90)

WAC 392-135-030   Cooperative financing of construction.   Cooperative financing involving the construction of any educational facility and arrangements therefor pursuant to RCW 28A.335.160(1) shall be in compliance with ((state board of education)) regulations((, WAC 180-30-460 through 180-30-495)) established by the office of superintendent of public instruction in chapters 392-345 and 392-346 WAC, as now or hereafter amended.

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-135-030, filed 7/19/90, effective 8/19/90; Order 7-75, 392-135-030, filed 12/22/75. Formerly WAC 392-15-945, 392-15-770.]