WSR 15-07-078

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 17, 2015, 11:27 a.m.]

Subject of Possible Rule Making: Amending WAC 392-101-010 to assign the Washington state office of administrative hearings (OAH) the authority to hear appeals of office of superintendent of public instruction (OSPI) enforcement actions withholding or recovering federal funds.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.220.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A federal regulation, 34 C.F.R. § 80.43(b), requires state education agencies that award federal funds to subgrantees to provide subgrantees an opportunity for a hearing, appeal, or other administrative proceeding to which the subgrantee is entitled under the law. OSPI is considering amending WAC 392-101-010 to assign the OAH the authority to hear cases and issue final decisions on behalf of OSPI related to the withholding or recovering of federal funds as a result of school consolidated program reviews of school district programs conducted in accordance with 34 C.F.R. § 80.40. Assigning these appeals to OAH will protect school districts' right to challenge OSPI's determinations, and will help ensure school district and OSPI compliance with federal law.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Education; OAH.

Process for Developing New Rule: OSPI will hold a public hearing for comment and seek written input from stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may provide proposed language or written comments to Dierk Meierbachtol, Special Assistant for Legal Affairs, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, phone (360) 725-6004, TTY (360) 664-3631, fax (360) 753-6712, e-mail dierk.meierbachtol@k12.wa.us. Please put the words "2015 Rulemaking" in the subject line.

March 17, 2015

Randy Dorn

Superintendent of

Public Instruction