The authority for this chapter is RCW 28A.305.190 which authorizes the state board of education to adopt regulations governing the eligibility of a person sixteen years of age and under nineteen years of age to take the general educational development test if the child provides a substantial and warranted reason for leaving the regular high school education program, or if the child was home-schooled.

Persons who are sixteen years of age and under nineteen years of age must have a substantial and warranted reason for leaving the regular high school program, or have completed a program of home-based instruction, as a condition to taking the general educational development test and receiving a certificate of educational competence. The purpose of these state board of education rules is to establish the process and criterion for determining whether a person within that age range has such a substantial and warranted reason or has completed a program of home-based instruction. Once such a person establishes that he or she has met either one of the two conditions, he or she is eligible to pursue taking the general educational development test in accordance with rules of the state board for community and technical colleges which are codified at chapter 131-48 WAC.

As used in this chapter, the term "general educational development test" means the most recent general educational development test of the American Council on Education.

As used in this chapter "designated employee" means that individual or individuals empowered by the board of directors of a school district to determine whether a person who is sixteen years of age and under nineteen years of age has a substantial and warranted reason for leaving the regular high school program.

As used in this chapter the term "regular high school education program" means a secondary education program operated pursuant to chapters 392-410 and 180-51 WAC leading to the issuance of a high school diploma.

As used in this chapter, the term "substantial and warranted reason for leaving the regular high school education program" means one or more of the following:

(1) Personal problems which seriously impair the student's ability to make reasonable progress toward high school graduation.

(2) A financial crisis which directly affects the student and necessitates the student's employment during school hours.

(3) The lack of curriculum and instruction which constitutes appropriate learning experiences for the student.

(4) The inability or failure of the school of attendance to adjust its program for the individual or otherwise make arrangements for enrollment in an educational program in a manner which enables the student to advance toward graduation with reasonable progress and success.

(5) A determination by the designated employee that it is in the "best interest" of the student to drop the regular high school program for one of the following purposes:

(a) Enter a postsecondary institution.

(b) Enter the military.

(c) Engage in employment.

(6) Provided, That no person under eighteen years of age (i.e., minor), shall be adjudged to have a substantial and warranted reason for leaving the regular high school education program unless the minor's parents, guardian, or legal custodian, if available, agrees that dropping school is in the best interest of the minor.

Application for a determination that the applicant has a substantial and warranted reason for leaving the regular high school education program shall be made to a designated employee of either the last Washington school district the applicant attended or the Washington school district in which the applicant currently resides. A designated employee of the school district shall evaluate the facts presented by the applicant and determine whether the applicant has a substantial and warranted reason for leaving the regular high school education program as defined at WAC 180-96-045. The determination of the designated employee shall be in writing and signed by the employee.

The following shall govern the finality of decisions of the designated employee:

(1) If the decision of the designated employee is that the applicant has a substantial and warranted reason for leaving the regular high school education program, the decision of such designated employee shall be final.

(2) If the decision of the designated employee is to deny the existence of a substantial and warranted reason for leaving the regular high school education program, the applicant shall have the right to appeal the decision to the board of directors of the school district in accordance with procedures adopted by the board of directors. The board of directors shall issue a decision within thirty calendar days of receipt of any appeal.

(3) If a decision has been made by the board of directors of the district, such decision shall be final subject to an appeal to a court of law pursuant to RCW 28A.645.010.

The parent(s) or legal guardian(s) who provided home-based instruction to a person who is sixteen years of age and under nineteen years of age is responsible for determining and certifying in writing that the person has completed a program of home-based instruction. The written certification shall be signed by the parent(s) or legal guardian(s) and the signature(s) shall be notarized by a notary public.

Written determinations made in accordance with this chapter that a person has a substantial and warranted reason for leaving the regular high school education program, or has completed a program of home-based instruction, shall be presented by the person to an official general educational development testing center as partial evidence of the person's eligibility to take the general educational development test.