HTML has links - PDF has Authentication

Chapter 392-129 WAC

Last Update: 8/28/15

FINANCE—EMERGENCY SCHOOL CLOSURE

WAC Sections

HTMLPDF392-129-003Authority.
HTMLPDF392-129-005Purpose.
HTMLPDF392-129-008Construction of chapter.
HTMLPDF392-129-010Definition—School day.
HTMLPDF392-129-015Definition—Vacation day.
HTMLPDF392-129-020Definition—School year.
HTMLPDF392-129-030Definition—Current school year.
HTMLPDF392-129-035Definition—Preceding school year.
HTMLPDF392-129-040Definition—Prior school year.
HTMLPDF392-129-045Definition—Natural event.
HTMLPDF392-129-050Definition—Mechanical failure.
HTMLPDF392-129-060Definition—Action or inaction by one or more persons.
HTMLPDF392-129-065Definition—Unforeseen.
HTMLPDF392-129-070Definition—Foreseeable.
HTMLPDF392-129-080Definition—Foreseeable school closure days.
HTMLPDF392-129-090Definition—District-wide emergency closure.
HTMLPDF392-129-100Definition—School emergency closure.
HTMLPDF392-129-105Definition—Reasonable effort.
HTMLPDF392-129-110Definition—Annual average full-time equivalent students.
HTMLPDF392-129-115Separate consideration given to the kindergarten and first through twelfth grade programs.
HTMLPDF392-129-120Application of chapter to half-day kindergarten programs.
HTMLPDF392-129-125District-wide emergency closure—School district application to the superintendent of public instruction.
HTMLPDF392-129-130District-wide emergency closure—Superintendent of public instruction's determination of eligibility.
HTMLPDF392-129-135District-wide emergency closure—Implementation of superintendent of public instruction's determination of eligibility.
HTMLPDF392-129-140School emergency closure—School district application to the superintendent of public instruction.
HTMLPDF392-129-145School emergency closure—Superintendent of public instruction's determination of eligibility.
HTMLPDF392-129-150School emergency closure—Implementation of superintendent of public instruction's determination of eligibility.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
392-129-013Application to superintendent of public instruction. [Statutory Authority: RCW 28A.41.170. WSR 86-08-076 (Order 86-4), § 392-129-013, filed 4/2/86; WSR 84-13-023 (Order 84-13), § 392-129-013, filed 6/13/84.] Repealed by WSR 90-01-141 (Order 22), filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170(2).


PDF392-129-003

Authority.

The authority for this chapter is RCW 28A.150.290(2) which authorizes the superintendent of public instruction to establish the terms and conditions for allowing a school district to receive an allocation of state moneys when the school district is unable, due to an unforeseen emergency, to fulfill the following statutory requirements:
(1) One hundred eighty days of operation; or
(2) The total program hour offerings, teacher contact hours, or course mix and percentage requirements imposed by law.
This chapter is further authorized under RCW 28A.710.040(5), which provides that public charter schools are subject to the supervision of the superintendent of public instruction to the same extent as other public schools.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-003, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-129-003, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-003, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 87-19-060 (Order 87-11), § 392-129-003, filed 9/15/87.]



PDF392-129-005

Purpose.

This chapter shall govern a school district's or charter school's entitlement to allocations of state moneys pursuant to RCW 28A.150.290(2) for any school year during which it is unable to conduct the kindergarten program, first through twelfth grade program, or both due to one or more unforeseen emergencies such that the following statutory requirements cannot be met:
(1) The minimum number of school days; and/or
(2) Program hour offerings, teacher contact hours, and course mix and percentages.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-005, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-129-005, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-005, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 81-21-002 (Order 81-26), § 392-129-005, filed 10/8/81; WSR 80-04-046 (Order 80-3), § 392-129-005, filed 3/21/80, effective 5/2/80; Order 7-75, § 392-129-005, filed 12/22/75. Formerly WAC 392-14-010.]



PDF392-129-008

Construction of chapter.

The provisions of this chapter shall be narrowly construed by the superintendent of public instruction.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-008, filed 12/20/89, effective 1/20/90.]



PDF392-129-010

Definition—School day.

As used in this chapter, "school day" means the same as defined in WAC 392-121-033.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-010, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 82-16-039 (Order 82-9), § 392-129-010, filed 7/28/82; WSR 81-21-002 (Order 81-26), § 392-129-010, filed 10/8/81; WSR 80-04-046 (Order 80-3), § 392-129-010, filed 3/21/80, effective 5/2/80; Order 7-75, § 392-129-010, filed 12/22/75. Formerly WAC 392-14-020.]



PDF392-129-015

DefinitionVacation day.

As used in this chapter, "vacation day" means a day other than:
(1) A school day;
(2) A school holiday defined in RCW 28A.150.050;
(3) Saturday unless actually used for a school day; or
(4) An inservice day for employees of the school district or charter school that:
(a) Was scheduled prior to the unforeseen school closure; and
(b) Was actually used for that purpose.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-015, filed 8/28/15, effective 9/28/15. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-129-015, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-015, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 81-21-002 (Order 81-26), § 392-129-015, filed 10/8/81; WSR 80-04-046 (Order 80-3), § 392-129-015, filed 3/21/80, effective 5/2/80; Order 7-75, § 392-129-015, filed 12/22/75. Formerly WAC 392-14-030.]



PDF392-129-020

Definition—School year.

As used in this chapter, "school year" means the same as defined in WAC 392-121-031.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-020, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 81-21-002 (Order 81-26), § 392-129-020, filed 10/8/81; WSR 80-04-046 (Order 80-3), § 392-129-020, filed 3/21/80, effective 5/2/80; Order 7-75, § 392-129-020, filed 12/22/75. Formerly WAC 392-14-040.]



PDF392-129-030

Definition—Current school year.

As used in this chapter, "current school year" means the same as defined in WAC 392-139-052.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-030, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.41.170. WSR 85-09-019 (Order 85-2), § 392-129-030, filed 4/10/85.]



PDF392-129-035

Definition—Preceding school year.

As used in this chapter, "preceding school year" means the school year immediately preceding the current school year.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-035, filed 12/20/89, effective 1/20/90.]



PDF392-129-040

Definition—Prior school year.

As used in this chapter, "prior school year" means any one of nine school years immediately preceding the preceding school year.
[Statutory Authority: RCW 28A.150.290(2) and 28A.335.030. WSR 90-19-039 (Order 27), § 392-129-040, filed 9/13/90, effective 10/14/90. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-040, filed 12/20/89, effective 1/20/90.]



PDF392-129-045

Definition—Natural event.

As used in this chapter, "natural event" means, but is not limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-045, filed 12/20/89, effective 1/20/90.]



PDF392-129-050

DefinitionMechanical failure.

As used in this chapter, "mechanical failure" means a discontinuation or disruption of utilities such as heating, lighting, or water beyond the control of a school district board of directors, a charter school board, and their respective employees.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-050, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-050, filed 12/20/89, effective 1/20/90.]



PDF392-129-060

DefinitionAction or inaction by one or more persons.

As used in this chapter, "action or inaction by one or more persons" means, but is not limited to, arson, vandalism, riots, insurrections, bomb threats, bombing, or delays in the scheduled completion of construction projects beyond the control of a school district board of directors, a charter school board, and their respective employees. It shall not mean any labor dispute between a school district board of directors or charter school board and any employee.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-060, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-060, filed 12/20/89, effective 1/20/90.]



PDF392-129-065

Definition—Unforeseen.

As used in this chapter, "unforeseen" means the extent that a reasonably prudent person could not have anticipated, prior to August 1st of the preceding school year, that natural events, mechanical failures, or actions or inactions by one or more persons would probably occur during the current school year due to the occurrence of an event or circumstances during a preceding or prior school year.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-065, filed 12/20/89, effective 1/20/90.]



PDF392-129-070

Definition—Foreseeable.

As used in this chapter, "foreseeable" means the extent that a reasonably prudent person could have anticipated prior to August 1st of the preceding school year, that natural events, mechanical failures, or actions or inactions by one or more persons would probably occur during the current school year due to the occurrence of an event or circumstances during a preceding or prior school year.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-070, filed 12/20/89, effective 1/20/90.]



PDF392-129-080

DefinitionForeseeable school closure days.

As used in this chapter, "foreseeable school closure days" means those days that are foreseeable in order to provide the school district or charter school with the ability to make up lost school days due to foreseeable natural events, mechanical failure, or action or inaction by one or more persons that would lead to all schools being unsafe, unhealthy, inaccessible, or inoperable.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-080, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-080, filed 12/20/89, effective 1/20/90.]



PDF392-129-090

DefinitionDistrict-wide emergency closure.

As used in this chapter, "district-wide emergency closure" means that all school buildings in the school district or charter school are unsafe, unhealthy, inaccessible, or inoperable due to one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-090, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-090, filed 12/20/89, effective 1/20/90.]



PDF392-129-100

DefinitionSchool emergency closure.

As used in this chapter, "school emergency closure" means a school in the school district, or a charter school, comprised of more than one school that is unsafe, unhealthy, inaccessible, or inoperable due to one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-100, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-100, filed 12/20/89, effective 1/20/90.]



PDF392-129-105

DefinitionReasonable effort.

As used in this chapter, "reasonable effort" means the:
(1) Extension of the school year to and through June 14th; and
(2) Use of scheduled vacation days and foreseeable school closure days, to attain the minimum number of school days and district-wide annual average total instruction hour offerings required by law. In no case, except as provided in subsection (3) of this section, shall a school district or charter school be considered to have made a reasonable effort unless at least three school days, per incident, and district-wide annual average total instruction hour offerings which have been lost have in fact been made up.
(3) Where a school district or charter school resides in a county which was declared a state of emergency proclamation by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the emergency impacted district-wide facilities or operations, the superintendent may consider school district or charter school applications to have met the "reasonable effort" test by providing at least the district-wide annual average total instruction hour offerings.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-105, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 07-13-090, § 392-129-105, filed 6/19/07, effective 7/20/07; WSR 90-01-141 (Order 22), § 392-129-105, filed 12/20/89, effective 1/20/90.]



PDF392-129-110

Definition—Annual average full-time equivalent students.

As used in this chapter, "annual average full-time equivalent students" means the same as defined in WAC 392-121-133.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-110, filed 12/20/89, effective 1/20/90.]



PDF392-129-115

Separate consideration given to the kindergarten and first through twelfth grade programs.

For the purpose of computing compliance with minimum school days, program hour offerings, or both resulting in a loss of allocations of state moneys, the kindergarten and the first through twelfth grade programs shall be considered separately.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-115, filed 12/20/89, effective 1/20/90.]



PDF392-129-120

Application of chapter to half-day kindergarten programs.

In the event a school district offers both a morning and afternoon kindergarten program and cancels either but not both the morning or afternoon session due to one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons, the school district shall be considered as having met the school day, program hour offering, teacher contact hours, and course mix percentages for the canceled session.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-120, filed 12/20/89, effective 1/20/90.]



PDF392-129-125

District-wide emergency closureSchool district application to the superintendent of public instruction.

A school district or charter school applying for continuation of state support during a district-wide emergency closure will submit the following information:
(1) The name of the school district or charter school;
(2) The name of the superintendent of the school district or lead administrator of the charter school;
(3) A statement signed by the superintendent or charter school's lead administrator that:
(a) The school district board of directors or charter school board has reviewed the application and supports its submittal; and
(b) Any foreseeable school closure days are not included in the request;
(4) The unforeseen natural events, mechanical failures, or actions or inactions by one or more persons which caused the district-wide emergency closure;
(5) The specific dates of the district-wide emergency closure; and
(6) The specific dates that the school district has scheduled to make up the lost days.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-125, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-125, filed 12/20/89, effective 1/20/90.]



PDF392-129-130

District-wide emergency closure—Superintendent of public instruction's determination of eligibility.

The superintendent of public instruction shall review each application submitted for a district-wide closure to determine if a reasonable effort has been made to make up all school days and program hour offerings, teacher contact hours, and course mix percentages required by law lost due to the district-wide emergency closure.
[Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-130, filed 12/20/89, effective 1/20/90.]



PDF392-129-135

District-wide emergency closureImplementation of superintendent of public instruction's determination of eligibility.

If the superintendent of public instruction determines that the school district has made a reasonable effort to make up all school days and program hour offerings, teacher contact hours, and course mix percentages required by law, the school district or charter school shall receive its full annual allocation of state moneys. If the superintendent of public instruction determines that the school district or charter school has not made a reasonable effort, the school district's or charter school's annual allocation of state moneys shall be reduced by the number of days lost due to the district-wide emergency closure divided by one hundred eighty.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-135, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-135, filed 12/20/89, effective 1/20/90.]



PDF392-129-140

School emergency closureSchool district application to the superintendent of public instruction.

A school district or charter school applying for continuation of state support during a school emergency closure will submit the following information:
(1) The name of the school district or charter school;
(2) The name of the superintendent of the school district or lead administrator of the charter school;
(3) A statement signed by the superintendent or charter school's lead administrator that the school district board of directors or the charter school board has reviewed the application and supports its submittal;
(4) The name(s) of the individual schools which did not operate;
(5) The unforeseen natural events, mechanical failures, or actions or inactions by one or more persons which caused the school emergency closure;
(6) The specific dates of the school emergency closure; and
(7) The specific dates that the school district or charter school has scheduled to make up the lost days.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-140, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-140, filed 12/20/89, effective 1/20/90.]



PDF392-129-145

School emergency closureSuperintendent of public instruction's determination of eligibility.

The superintendent of public instruction shall review each application submitted for a school closure to determine if the application provides a conclusive demonstration that one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons prevented the school district or charter school from operating the school. Whenever a school district or charter school provides a school day, it shall be considered as meeting all hours, as originally scheduled for that day, toward meeting its program hour offerings, teacher contact hours, and course mix percentage requirements.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-145, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.41.170(2). WSR 90-01-141 (Order 22), § 392-129-145, filed 12/20/89, effective 1/20/90.]



PDF392-129-150

School emergency closure—Implementation of superintendent of public instruction's determination of eligibility.

[(1)] If the superintendent of public instruction determines that the school district or charter school has provided a conclusive demonstration that one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons prevented the school district or charter school from operating the school, the school district or charter school shall receive its full annual allocation of state moneys. However, the superintendent of public instruction may only excuse the school district or charter school for up to two scheduled school days per incident and not for more than three scheduled school days per school year. Provided, the superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year[:
(a) When the unforseen natural event, mechanical failure, or action or inaction by one or more persons caused a loss of life or significant injury to a person or persons on a school campus; or
(b) W]here the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.
[(2)] (1) If the school district did not conclusively demonstrate that it was prevented from operating the school(s), its allocation of state moneys shall be reduced by:
(a) Dividing the number of days lost by one hundred eighty;
(b) Multiplying the result obtained in subsection (1) of this section by the annual average full-time equivalent enrollment in the school; and
(c) Dividing the result obtained in subsection (2) of this section by the annual average full-time equivalent enrollment in the school district.
(2) If the charter school did not conclusively demonstrate that it was prevented from operating the school, its allocation of state moneys shall be reduced by:
(a) Dividing the number of days lost by one hundred eighty; and
(b) Multiplying the result obtained in (a) of this subsection by the annual average full-time equivalent enrollment in the school.
[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WSR 15-18-078, § 392-129-150, filed 8/28/15, effective 9/28/15. Statutory Authority: RCW 28A.150.290. WSR 15-12-113, § 392-129-150, filed 6/3/15, effective 7/4/15. Statutory Authority: RCW 28A.41.170(2). WSR 08-13-049, § 392-129-150, filed 6/12/08, effective 7/13/08; WSR 90-01-141 (Order 22), § 392-129-150, filed 12/20/89, effective 1/20/90.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.