WSR 13-09-029




[ Filed April 9, 2013, 4:05 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-01-097.

Title of Rule and Other Identifying Information: Chapter 392-117 WAC is the subject of this proposed change. The objective is to include CEDARS data submissions in the timely reporting WAC language.

Hearing Location(s): Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 Washington, Olympia, WA 98504, on May 22, 2013, at 10:00 a.m.

Date of Intended Adoption: May 23, 2013.

Submit Written Comments to: T. J. Kelly, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 664-3683, by May 22, 2013.

Assistance for Persons with Disabilities: Contact Wanda Griffin by May 8, 2013, 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 ensure that districts are regularly submitting CEDARS data. Various data elements are taken from CEDARS at any given time to perform various types of tests or analyses with respect to all aspects of managing and operating a school district.

Reasons Supporting Proposal: The goal of increased data quality and acquiring a complete data set from school districts.

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: , governmental.

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)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

April 9, 2013

Randy Dorn

State Superintendent


AMENDATORY SECTION(Amending Order 91-09, filed 6/14/91, effective 7/15/91)

WAC 392-117-010   Purpose.   The purpose of this chapter is to provide policies and procedures to encourage timely reporting of general apportionment data, educational data, and year end financial report data by school districts, charter schools, and educational service districts to the superintendent of public instruction.

[Statutory Authority: RCW 28A.150.290 and 28A.300.040. 91-13-054 (Order 91-09), 392-117-010, filed 6/14/91, effective 7/15/91.]

AMENDATORY SECTION(Amending Order 91-09, filed 6/14/91, effective 7/15/91)

WAC 392-117-020   School district and educational service district reporting responsibilities.   Each school district, charter school, and educational service district shall provide, upon written request of the superintendent of public instruction, such data as the superintendent deems appropriate. These requirements include, but are not limited to, data for determining the financial condition and results of operation of the school districts, charter schools, and educational service districts of the state, data for substantiating appropriation requests to the state legislature, data for administering state legal requirements, ((and)) data for substantiating ((each)) the district's and charter school's entitlement to state basic education apportionment, and educational data for the superintendent's comprehensive education data and research system (CEDARS).

[Statutory Authority: RCW 28A.150.290 and 28A.300.040. 91-13-054 (Order 91-09), 392-117-020, filed 6/14/91, effective 7/15/91.]

WAC 392-117-038   Failure to meet CEDARS submission requirements.   School districts, charter schools, tribal schools, and other local education agencies receiving state funds who fail to meet CEDARS reporting requirements as outlined in the annual CEDARS data manual are subject to the following course of action. Upon the superintendent of public instruction's determination that a local education agency has failed to meet CEDARS reporting requirements, the superintendent will provide notice of the determination to the local education agency. The local education agency will have ninety days from the receipt of the notice to correctly report CEDARS data. If the local education agency's failure to meet CEDARS reporting requirements is not corrected within forty-five days of the superintendent's first notice, the superintendent will provide a second notice to the local education agency. The second notice will describe the superintendent's determination and will identify the deadline for corrective action. If the local education agency does not correctly report CEDARS data within ninety days of its receipt of the superintendent's first notice, the superintendent may withhold the local education agency's subsequent monthly apportionment payment until CEDARS reporting requirements are met.