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 email@example.com, 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
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.]
(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.
Requirements for approval consideration.)) Interdistrict cooperation programs (( eligible for
consideration and approval by the superintendent of public
instruction)) shall be:
(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.]
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
(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.]
[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.]