WSR 20-18-017
[Filed August 24, 2020, 3:19 p.m., effective August 24, 2020, 3:19 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to temporarily suspend the requirement that all students in grades K-8 receive at least one hundred instructional minutes per week, per year of physical education.
Citation of Rules Affected by this Order: Suspending [Amending] WAC 392-410-135(1).
Statutory Authority for Adoption: RCW 28A.230.040.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Immediate suspension of part of WAC 392-410-135(1) is necessary to provide flexibility for school districts to adopt and implement a COVID-19 reopening plan that keeps students and staff safe and provides students with the opportunity to access educational services. A school district's decision to operate a hybrid or fully remote learning model and to practice social distancing will directly impact the district's ability to offer one hundred minutes per week of face-to-face instructional time for all students in grades 1-8. This change does not remove the requirement for all students in grades 1-8 to receive instruction in physical education, per RCW 28A.230.040.
Date Adopted: August 24, 2020.
Chris P. S. Reykdal
State Superintendent of Public Instruction
AMENDATORY SECTION(Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)
WAC 392-410-135Physical educationGrade school and high school requirement.
(1) Grades 1-8. Pursuant to RCW 28A.230.040, ((an average of at least one hundred instructional minutes per week per year in)) physical education shall be required of all pupils in the common schools in the grade school program (grades 1-8) unless waived pursuant to RCW 28A.230.040.
(2) Grades 9-12. Pursuant to RCW 28A.230.050, a one credit course or its equivalent shall be offered in physical education for each grade in the high school program (grades 9-12).