Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-08-041.

     Title of Rule: Chapter 180-08 WAC, Practice and procedures and chapter 180-10 WAC, Access to public records.

     Purpose: Merge chapters and make technical changes as a result of review by the State Board of Education Mandate Review Committee.

     Other Identifying Information: Repeals and adds new sections to language.

     Statutory Authority for Adoption: RCW 34.05.220, 28A.04.120, [42.17.010, 42.17.250 - 42.17.340].

     Summary: Language merge will enhance understanding of rule language.

     Reasons Supporting Proposal: Reduces number of rules.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 725-6024.

     Name of Proponent: State Board of Education, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The State Board of Education is in its second cycle of reviewing all board rules and the related authorizing statutes. The cycle is preated [repeated] every three years by board rule. The Mandate Review Committee of the board recommends combining chapters 180-08 and 180-10 WAC and making technical editing changes therein. Proposed disposition of the chapters and sections is shown below.

     Proposal Changes the Following Existing Rules: Merges, adds language, and repeals sections.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption. Not applicable.

     Hearing Location: Enumclaw School District Board Room, 2929 McDougall Avenue, Enumclaw, WA 98022-7499, on August 21, 2002, at 8:30 a.m.

     Assistance for Persons with Disabilities: Contact Laura Moore by August 13, 2002, TDD (360) 664-3631, or (360) 725-6027.

     Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, Patty Martin, Associate Director, fax (360) 586-2357, by August 13, 2002.

     Date of Intended Adoption: August 23, 2002.

July 2, 2002

Larry Davis

Executive Director

OTS-5489.1

     (2) The authority for this chapter is RCW 34.05.220 and 42.17.250 through 42.17.348.

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     (2) General policy powers of the board relate to educator preparation and certification requirements, school construction, high school graduation requirements, school district approval for basic education funding purposes, waivers from basic education requirements, school accreditation, school district boundaries, approval of private schools, and other matters.

     (3) The state board typically meets six times a year and publishes a schedule of its meetings and notices of proposed rule-making actions in the Washington State Register. The meetings may be scheduled in various locations across the state. The secretary (executive director) to the state board of education maintains a complete record of all board proceedings and supporting materials.

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     (2) As used in this chapter, "writing" means handwriting, typewriting, printing, photostating, photographing, use of facsimile and electronic communication, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, disks, drums, diskettes, sound recordings, and other documents including existing data compilations from which data may be obtained or translated.

     (3) The state board of education shall hereafter be referred to as the "board" or "state board."

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     (2) Access to public records in the state board of education shall be provided in compliance with the provisions of RCW 42.17.260.

     (3) Requests for public records must comply with the following procedures:

     (a) A request shall be made in writing to the secretary (executive director) or designee of the board. The request may be brought to the administrative office of the board during customary office hours or may be mailed, delivered by facsimile, or by electronic mail. The request shall include the following information:

     (i) The name of the person requesting the record;

     (ii) The time of day and calendar date on which the request was made;

     (iii) The nature of the request;

     (iv) If the matter requested is referenced within the current index maintained by the secretary (executive director), a reference to the requested information as it is described in such current index;

     (v) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested shall be provided.

     (b) In all cases in which a member of the public is making a request, it shall be the obligation of the secretary (executive director), or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

     (4)(a) The board reserves the right to determine that a public record requested in accordance with subsection (3) of this section is exempt under the provisions of RCW 42.17.310 and 42.17.315. Such determination may be made in consultation with the secretary (executive director) or an assistant attorney general assigned to the board.

     (b) Pursuant to RCW 42.17.260, the board reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy: Provided, however, In each case, the justification for the deletion shall be explained fully in writing.

     (c) Response to requests for a public record must be made promptly. Within five business days of receiving a public record request, the board shall respond by either:

     (i) Providing the record;

     (ii) Acknowledging that the board has received the request and providing a reasonable estimate of the time the board will require to respond to the request; or

     (iii) Denying the public record request.

     (d) Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the agency may ask the requester to clarify what information the requester is seeking. If the requester fails to clarify the request within five working days of being asked for said clarification, the board need not respond to it.

     (5) All denials of request for public records must be accompanied by a written statement, signed by the secretary (executive director) or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record, and a brief explanation of how the exemption applies to the public record withheld.

     (6)(a) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.

     (b) The written request by a person petitioning for prompt review of a decision denying a public record shall be submitted to the board's secretary (executive director) or designee.

     (c) Within two business days after receiving a written request by a person petitioning for a prompt review of a decision denying a public record, the secretary (executive director) or designee shall complete such review.

     (d) During the course of the review the secretary (executive director) or designee shall consider the obligations of the board to comply fully with the intent of chapter 42.17 RCW insofar as it requires providing full public access to official records, but shall also consider both the exemptions provided in RCW 42.17.310 through 42.17.315, and the provisions of the statute which require the agency to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

     (7) Public records and a facility for their inspection will be provided by the secretary (executive director) or designee. Such records shall not be removed from the place designated for their inspection. Copies of such records may be arranged for according to the provisions of subsection (8) of this section.

     (8) No fee shall be charged for the inspection of public records. The board may impose a charge for providing copies of public records and for the use by any person of agency equipment to copy public records; such charges shall not exceed fifteen cents per page for photocopies of public records or for use of agency equipment to photocopy public records and the actual postage or delivery charge and the cost of any container or envelope used to mail the public records to the requester. No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate official. All charges must be paid by money order, check, or cash in advance.

     (9) Public records shall be available for inspection and copying during the customary office hours of the administrative office of the board. For the purposes of this chapter, the customary office hours shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

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     (2) The rules of the state code reviser (currently set forth in chapters 1-08 and 1-21 WAC) and the rules of the office of administrative hearings (currently set forth in chapter 10-08 WAC) shall govern procedures and practices before the state board of education for the following: Petitions for declaratory rulings; petitions for adoption, amendment, or repeal of a rule; and the conduct of adjudicative proceedings. All other regulatory actions and hearings conducted by the state board of education may be conducted informally at the discretion of the state board of education.

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     The following sections of the Washington Administrative Code are repealed:

WAC 180-08-003	Authority.
WAC 180-08-005	Administrative practices regarding hearings and rule proceedings.

OTS-5490.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 180-10-001	Purpose.
WAC 180-10-003	Description of organization.
WAC 180-10-005	Operations and procedures.
WAC 180-10-007	Definitions.
WAC 180-10-010	Access to public records.
WAC 180-10-015	Public records officer.
WAC 180-10-020	Office hours.
WAC 180-10-025	Requests for public records.
WAC 180-10-030	Copying.
WAC 180-10-035	Determination regarding exempt records.
WAC 180-10-040	Review of denials of public record requests.
WAC 180-10-045	Protection of public records.

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