WSR 14-22-080
[Filed November 3, 2014, 1:29 p.m., effective December 4, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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.
The 2013 legislature, in ESSB 5946, directed the office of superintendent of public instruction (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 districts 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. B008-14.
Citation of Existing Rules Affected by this Order: Amending WAC 392-137-230.
Statutory Authority for Adoption: RCW 28A.225.230.
Adopted under notice filed as WSR 14-19-025 on September 8, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 25, 2014.
Randy Dorn
Superintendent of
Public Instruction
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.