WAC 392-187-040

(1) If, by a preponderance of evidence, the office of superintendent of public instruction finds willful noncompliance, the office of superintendent of public instruction will provide the school district with a first notice stating its determination of willful noncompliance and identify corrective actions and a timeline for the school district to come into compliance. Upon receipt of the first notice of a finding of willful noncompliance, the school district board of directors shall hold a public meeting to present the finding of willful noncompliance with state law, the identified corrective actions and timeline for those actions, and take public comment on what additional actions the public thinks may be needed to come into compliance with the state law(s) identified in the investigation.

(2) Second notice of willful noncompliance.

(a) If the school district fails to comply with the corrective actions identified for willful noncompliance in the first notice within the prescribed timeline, the office of superintendent of public instruction shall provide the school district a second notice stating that continued failure to comply with corrective actions may result in consequences as established in RCW 28A.300.0714.

(b) Upon receipt of a second notice, the school district superintendent and school district board of directors must adopt and submit a compliance action plan to the office of superintendent of public instruction for approval. The compliance action plan must be submitted under a timeline as required by the office of superintendent of public instruction.

(c) After receiving a second notice of willful noncompliance, the school district must collaborate with the office of superintendent of public instruction to develop a compliance action plan. The school district must provide school district administrators, teachers, and other staff, parents of children attending a school within the school district, unions representing employees within the school district, students from the school district, and other impacted communities as appropriate with an opportunity to provide input on the development of the compliance action plan.

(d) Before submitting the compliance action plan to the office of superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified without their consent, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws.

(e) After submission and approval of the compliance action plan, the school district shall conduct additional public meetings with an opportunity for public comment at least once every six months to present school district progress on implementation of the compliance action plan until the superintendent of public instruction finds that the school district has come into compliance with state law.