WSR 14-19-025
[Filed September 8, 2014, 10:28 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-15-067.
Title of Rule and Other Identifying Information: WAC 392-137-230 Length of acceptance.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 South Washington, Olympia, WA, on October 23, 2014, at 10:00 a.m.
Date of Intended Adoption: October 25, 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 October 22, 2014.
Assistance for Persons with Disabilities: Contact Wanda Griffin by October 20, 2014, TTY (360) 664-3631 or (360) 725-6132.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-137-230 requires updating to clarify school district's responsibilities for nonresident students. The nonresident district is responsible for notifying the resident district of a choice transfer's rescindment, and the rescindment is effective upon the date the resident district receives notification. Until the resident district receives the notification, the nonresident district remains responsible for the student's education.
Reasons Supporting Proposal: The 2013 legislature, in ESSB 5946, directed OSPI to create a standard form for school districts to use when releasing a student from their resident district to a nonresident district for the purpose of enrolling in an online school program. With the implementation of this new standardized transfer system, OSPI updated the expectations for district[s] around the responsibility for nonresident students who leave the nonresident district prior to the expiration of the transfer. The proposed rule change aligns with the choice transfer rules with the updated policy as outlined in OSPI Bulletin No. 008-14.
Statutory Authority for Adoption: RCW 28A.150.290.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OSPI, 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.
A cost-benefit analysis is not required under RCW 34.05.328.
September 8, 2014
Randy Dorn
State Superintendent
AMENDATORY SECTION (Amending WSR 90-19-068, filed 9/17/90, effective 10/18/90)
WAC 392-137-230 Length of acceptance.
(1) All acceptances of nonresident students, whether granted by the nonresident district or ordered by the superintendent of public instruction, shall state the length of the acceptance or the condition subsequent which would cause the acceptance to be terminated. The termination of an acceptance, for the purpose of this chapter, shall be adjudicated as per the provisions regarding a denial of acceptance.
(2) School districts enrolling nonresident students are subject to all school district duties and liabilities pertaining to such students until the end of the transfer, including ensuring the student's compulsory attendance pursuant to chapter 28A.225 RCW. If the transfer is rescinded before the end date according to conditions listed in the nonresident school district policy, the resident school district reassumes responsibility for the student upon the date they are notified of the rescindment.
(3) School districts enrolling a nonresident student must inform the resident school district if the student drops out of the school or is otherwise no longer enrolled.