WSR 10-11-040 PROPOSED RULES
SUPERINTENDENT OF PUBLIC INSTRUCTION
[ Filed May 11, 2010, 2:13 p.m. ] Original Notice.
Preproposal statement of inquiry was filed as WSR 10-07-074.
Title of Rule and Other Identifying Information: WAC 392-137-115 Student resident definition.
Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, Wanamaker Conference Room, 600 South Washington, Olympia, WA, on June 22, 2010, at 10:30 a.m.
Date of Intended Adoption: June 22, 2010.
Submit Written Comments to: Becky McLean, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail becky.mclean@k12.wa.us, fax (360) 664-3683, by June 20, 2010.
Assistance for Persons with Disabilities: Contact Kristin Collins, by June 20, 2010, TTY (360) 664-3631 or (360) 725-6270.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We propose that the standard of residency to be a student's expectation to reside at a particular address for more than twenty days. This aligns with WAC 392-121-108(1), which instructs districts to not count a student who are [is] absent for more than twenty days.
Reasons Supporting Proposal: Residency establishes a district's responsibility to serve a student. Current rules do not provide guidelines or standards for a timeline to be considered when evaluating a student's residency status. This rule establishes a twenty day window for a district's consideration of student residency.
Statutory Authority for Adoption: RCW 28A.150.290(1).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of superintendent of public instruction, governmental.
Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capital [Capitol] Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation and Enforcement: Calvin W. Brodie, Old Capital [Capitol] Building, 600 South Washington, Olympia, WA, (360) 725-6301.
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.
May 11, 2010
Randy Dorn
State Superintendent
OTS-3206.1
AMENDATORY SECTION(Amending Order 26, filed 9/17/90, effective 10/18/90)
WAC 392-137-115 Student residence -- Definition. As used in this chapter, the term "student residence" means the physical location of a student's principal abode -- i.e., the home, house, apartment, facility, structure, or location, etc. -- where the student lives the majority of the time. The following shall be considered in applying this section:(1) The mailing address of the student -- e.g., parent's address or post office box -- may be different than the student's principal abode.
(2) The student's principal abode may be different than the principal abode of the student's parent(s).
(3) The lack of a mailing address for a student does not preclude residency under this section.
(4) If students are expected to reside at address for twenty days or more.
[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). 90-19-068 (Order 26), § 392-137-115, filed 9/17/90, effective 10/18/90.]
