WSR 15-12-118
[Filed June 3, 2015, 10:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-07-078.
Title of Rule and Other Identifying Information: WAC 392-101-010 Conduct of administrative hearings.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Policy Conference Room, 600 Washington Street, Olympia, WA 98504-7200, on July 7, 2015, at 1:00 p.m.
Date of Intended Adoption: July 8, 2015.
Submit Written Comments to: Dierk Meierbachtol, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 753-6712, by June 30, 2015.
Assistance for Persons with Disabilities: Contact Kristin Murphy by June 30, 2015, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to assign to the office of administrative hearings (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 (CPR) of school district programs conducted in accordance with 34 C.F.R. § 80.40. The anticipated effect of the proposal is the amendment of WAC 392-101-010, authorizing OAH to hear and issue final decisions pertaining to federal fund withholding and recovery resulting from OSPI CPRs.
Reasons Supporting Proposal: 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. 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.
Statutory Authority for Adoption: RCW 34.05.220.
Rule is necessary because of federal law, 34 C.F.R. § 80.43(b).
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting: Dierk Meierbachtol, OSPI, Olympia, Washington, (360) 725-6004; Implementation and Enforcement: Jennifer Carrougher, OSPI, Olympia, Washington, (360) 725-6280.
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.
June 3, 2015
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 13-18-077, filed 9/3/13, effective 10/4/13)
WAC 392-101-010 Conduct of administrative hearings.
The superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the superintendent of public instruction:
(1) Nonresident transfer appeals pursuant to WAC 392-137-055(2).
(2) Special education hearings pursuant to chapter 392-172A WAC or as amended.
(3) Equal educational opportunity complaints pursuant to WAC 392-190-075.
(4) Professional certification appeals pursuant to WAC 181-86-150.
(5) National school lunch program, special milk program for children, school breakfast program, summer food service program, and child and adult care food program appeals pursuant to 7 C.F.R. Parts 210, 215, 220, 225 and 226.
(6) Traffic safety education appeals pursuant to WAC 392-153-001 through 392-153-070.
(7) Bus driver authorization appeals pursuant to chapter 392-144 WAC.
(8) Audit resolution appeals of agency management decisions regarding resolution of state and federal audit findings pursuant to chapter 392-115 WAC.
(9) Appeals of enforcement actions withholding or recovering funds, in whole or in part, taken as a result of consolidated program reviews of federal programs conducted in accordance with 34 C.F.R. Sections 80.40 and 80.43.