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.

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.

The provisions of this chapter shall be narrowly construed by the superintendent of public instruction.

As used in this chapter, "school day" means the same as defined in WAC 392-121-033.

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.

As used in this chapter, "school year" means the same as defined in WAC 392-121-031.

As used in this chapter, "current school year" means the same as defined in WAC 392-139-052.

As used in this chapter, "preceding school year" means the school year immediately preceding the current school year.

As used in this chapter, "prior school year" means any one of nine school years immediately preceding the preceding school year.

As used in this chapter, "natural event" means, but is not limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption.

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.

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.

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.

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.

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.

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.

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.

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.

As used in this chapter, "annual average full-time equivalent students" means the same as defined in WAC 392-121-133.

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.

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.

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.

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.

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.

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.

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.

[(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.