WSR 15-08-085 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed March 31, 2015, 12:19 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-04-082.
Title of Rule and Other Identifying Information: WAC 392-800-825 Application—Approval process—Timeline.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), OSPI Policy Room, 2nd Floor, 600 Washington Street, Olympia, WA 98501, on May 12, 2015, at 1:00 p.m.
Date of Intended Adoption: May 15, 2015.
Submit Written Comments to: Michael J. (Mike) Dooley, P.O. Box 47200, Olympia, WA 98504-7200, e-mail mike.dooley@k12.wa.us, fax (360) 725-6505, by May 11, 2015.
Assistance for Persons with Disabilities: Contact Kristin Murphy by May 5, 2015, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amended rule provides further clarification for tribal compact application deadlines.
Reasons Supporting Proposal: WAC 392-800-825 requires federally recognized tribes or BIE schools seeking approval of a state-tribal education compact to submit an application to OSPI by February 1. These proposed changes to WAC 392-800-825 will keep the tribal compact application deadline at February 1, but institute a deadline of June 30, by which point the tribal compact agreement must be agreed to and signed off on by both parties. If an agreement is not executed by June 30, then the tribal school would have to reapply by February 1, of the following year.
Statutory Authority for Adoption: RCW 28A.715.010.
Statute Being Implemented: RCW 28A.715.010.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This amended rule provides further clarification for tribal compact application deadlines.
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting: Michael J. (Mike) Dooley, OSPI, Olympia, Washington, (360) 725-6305; Implementation: T. J. Kelly, OSPI, Olympia, Washington, (360) 725-3601; and Enforcement: JoLynn Berge, OSPI, Olympia, Washington, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. It has minimal to no impact on state funding.
A cost-benefit analysis is not required under RCW 34.05.328. It has minimal to no impact on state funding.
March 31, 2015
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 14-04-001, filed 1/22/14, effective 2/22/14)
WAC 392-800-825 Application—Approval process—Timeline.
(1) Beginning in February 2014, eligible federally recognized tribes or BIE schools may apply to the superintendent of public instruction to initiate negotiations to enact a state-tribal education compact.
(2) Federally recognized tribes or BIE schools seeking approval of a state-tribal education compact must submit the application to the superintendent of public instruction by February 1st of the school year preceding the year in which the federally recognized tribes or BIE school seeks to commence operation of a compact school. ((Federally recognized tribes or BIE schools seeking to commence operation of a compact school in 2014 must submit an application by April 15, 2014.))
(3) The application must be hand delivered or mailed to the superintendent of public instruction at the following address:
Superintendent of Public Instruction
600 Washington Street S.E.
P.O. Box 47200
Olympia, WA 98504
(4) Within ninety days of his or her receipt of the application, the superintendent of public instruction will convene a government-to-government meeting for the purpose of considering the application and initiating negotiations.
(5) The superintendent of public instruction will approve or disapprove state-tribal education compact applications no later than April 15th of the school year, as defined by WAC 392-121-031, in which the federally recognized tribe or BIE school intends to commence operation of a compact school. The superintendent of public instruction's approval or disapproval of the application shall constitute final agency action.
(6) State-tribal education compacts must be executed by the superintendent of public instruction and the federally recognized tribe or BIE school governing body on or before June 30th prior to the operation of a compact school commences.
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