09-06-040

WSR 09-06-040

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed February 25, 2009, 9:35 a.m. , effective March 28, 2009 ]

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

     Purpose: The special education WAC chapter referred to in this WAC has been revised from chapters 392-171 and 392-172A WAC. This updates that reference.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-137-235.

     Statutory Authority for Adoption: RCW 28A.150.290.

      Adopted under notice filed as WSR 09-01-090 on December 16, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 24, 2009.

Randy Dorn

Superintendent of

Public Instruction

OTS-2086.1

AMENDATORY SECTION(Amending Order 26, filed 9/17/90, effective 10/18/90)

WAC 392-137-235   Residency of handicapped children -- Special condition.   Notwithstanding the definitions of resident and nonresident district pursuant to this chapter, in the event a student who is eligible for special education pursuant to chapter ((392-171)) 392-172A WAC transfers pursuant to this chapter from a resident school district to a nonresident district, the nonresident district shall be deemed the resident district for the purposes of chapter ((392-171)) 392-172A WAC and shall be required to perform all legal duties as otherwise required by the resident district, including the transportation of the transferring handicapped student if so required as a related service.

[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). 90-19-068 (Order 26), § 392-137-235, filed 9/17/90, effective 10/18/90.]