STATE BOARD OF EDUCATION

[Filed November 8, 2018, 1:11 p.m., effective December 9, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: 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:

Citation of Rules Affected by this Order: Repealing chapter 180-22 WAC; and amending WAC 180-18-100.


•	Amending WAC 180-18-100 to transfer responsibility for processing applications for district waiver of career and technical education course equivalencies from state board of education to office of superintendent of public instruction.
•	Repealing chapter 180-22 WAC to eliminate the role of the state board of education in establishing educational service district boundaries.

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.

Adopted under notice filed as WSR 18-10-100 on May 2, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 8, 2018.

AMENDATORY SECTION(Amending WSR 14-19-032, filed 9/8/14, effective 10/9/14)

WAC 180-18-100District 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.

The following chapter of the Washington Administrative Code is repealed:

Purpose and authority.

Territorial organization of educational service districts.

Educational service districts—Criteria for organization.

WAC 180-22-100	Purpose and authority.
WAC 180-22-140	Territorial organization of educational service districts.
WAC 180-22-150	Educational service districts—Criteria for organization.