WSR 18-10-100 EXPEDITED RULES STATE BOARD OF EDUCATION [Filed May 2, 2018, 9:12 a.m.] Title of Rule and Other Identifying Information: To implement provisions of HB [SHB] 2824 (Laws of 2018) that have an effective date ninety days after sine die of the 2018 legislature, the state board of education is amending WAC 180-18-100 and repealing chapter 180-22 WAC. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To implement provisions of HB [SHB] 2824 (Laws of 2018) that have an effective date ninety days after sine die of the 2018 legislature, the state board of education is:
Reasons Supporting Proposal: HB [SHB] 2824 requires that changes be made to the identified rules, effective ninety days after sine die of the 2018 legislature. Statutory Authority for Adoption: The authority for amendment of WAC 180-18-100 is RCW 28A.230.010. The authority for repeal of chapter 180-22 WAC is RCW 28A.310.020. Statute Being Implemented: These amendments and repeal implement changes to RCW 28A.230.010 and 28A.310.020 as a result of HB [SHB] 2824 (Laws of 2018). Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Washington state board of education, governmental. Name of Agency Personnel Responsible for Drafting: Parker Teed, Old Capitol, 600 Washington S.E., Olympia, WA 98501, 360-725-6047; Implementation and Enforcement: Randy Spaulding, Old Capitol, 600 Washington S.E., Olympia, WA 98501, 360-725-6024. This notice meets the following criteria to use the expedited adoption process for these rules: Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule. Content is explicitly and specifically dictated by statute. This notice meets the following criteria to use the expedited repeal process for these rules: The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule. Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: To implement provisions of HB [SHB] 2824 (Laws of 2018) that have an effective date ninety days after sine die of the 2018 legislature. NOTICE THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Parker Teed, Washington State Board of Education, 600 Washington Street S.E., P.O. Box 47206, Olympia, WA 98504, phone 360-725-6025, fax 360-586-2357, email parker.teed@k12.wa.us, AND RECEIVED BY July 3, 2018. April 9, 2018 Mr. Randy Spaulding Executive Director
AMENDATORY SECTION (Amending WSR 14-19-032, filed 9/8/14, effective 10/9/14)
WAC 180-18-100 District waiver from requirement for student access to career and technical education course equivalencies.
(1) Any school district reporting, in any school year, an October P223 headcount of fewer than two thousand students as of January of that school year may apply to the ((state board of education)) superintendent of public instruction for a waiver of up to two years from the provisions of RCW 28A.230.010(2) for the subsequent school year.
(2) In any application for a waiver under this section, the district shall demonstrate that students enrolled in the district do not have and cannot be provided reasonable access, through high schools, interdistrict cooperatives, skill centers or branch or satellite skill centers, or through online learning or applicable running start vocational courses, to at least one career and technical education course that is considered equivalent to a mathematics course or at least one career and technical education course that is considered equivalent to a science course as determined by the superintendent of public instruction ((and the state board of education)) under RCW 28A.700.070.
(3) On a determination, in consultation with the office of the superintendent of public instruction, that the students enrolled in the district do not and cannot be provided reasonable access to at least one career and technical education course that is considered equivalent to a mathematics course or at least one career and technical education course that is considered equivalent to a science course under subsection (2) of this section, the ((state board of education)) superintendent of public instruction shall grant the waiver for the term of years requested.
(4) The ((state board of education)) office of superintendent of public instruction shall post on its web site an application form for use by a district in applying for a waiver under this section. A completed application must be signed by the chair or president of the district's board of directors and superintendent.
(5) In order to provide sufficient notice to students, parents, and staff, the application must be submitted to the ((state board of education)) superintendent of public instruction in electronic form no later than January 15th of the school year prior to the school year for which the waiver is requested((, and no later than thirty days before the board meeting at which the application will be considered)). The ((board)) office of superintendent of public instruction shall post all applications received on its public web site.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
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