WSR 14-06-010
[Filed February 20, 2014, 3:01 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-20-052.
Title of Rule and Other Identifying Information: WAC 392-122-160 State special education program—Reporting.
Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Olympia, WA, on April 10, 2014, at 10:00 a.m.
Date of Intended Adoption: April 10, 2014.
Submit Written Comments to: Becky McLean, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 664-3683, by April 10, 2014.
Assistance for Persons with Disabilities: Contact Wanda Griffin by April 8, 2014, TTY (360) 664-3631 or (360) 725-6270.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-122-160 requires updating to change the age reporting requirement for special education students.
Reasons Supporting Proposal: Starting in the 2013–14 school year, the student's age will be determined by the student's birthday. Two-year-old special education students that turn three during the school year will be reported in the age 3–5 category.
Statutory Authority for Adoption: RCW 28A.150.290.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of superintendent of public instruction, governmental.
Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: JoLynn Berge, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact; no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction 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).
February 20, 2014
Randy Dorn
State Superintendent
AMENDATORY SECTION (Amending WSR 96-03-002, filed 1/3/96, effective 2/3/96)
WAC 392-122-160 State special education program—Reporting.
(1) At such times as are designated by the superintendent of public instruction, each school district shall report the number of eligible special education students receiving special education according to instructions provided by the superintendent of public instruction. The disability condition shall be one of such conditions in WAC 392-122-135. The age for the purpose of determining the special education program allocation calculated in WAC 392-122-105 shall be the age of the student ((as of midnight August 31 of the school year)) on the monthly enrollment count date as defined by WAC 392-121-119. The age reported by the school district shall be for apportionment purposes only and not for determination of a child's eligibility for access to a special education program.
(2) Each school district shall provide, upon request, such additional data as are necessary to enable the superintendent of public instruction to allocate and substantiate the school district's allocation of state special education moneys.