WSR 11-08-039

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 4, 2011, 2:18 p.m. ]

     Title of Rule and Other Identifying Information: Repealing chapter 392-200 WAC, School personnel -- Employment discrimination. The substantive portions of chapter 392-200 WAC, School personnel -- Employment discrimination, have been incorporated into chapter 392-190 WAC without material change. This rule making would repeal chapter 392-190 WAC to eliminate duplication.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Yvonne Ryans, Office of Superintendent of Public Instruction (OSPI), P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY June 6, 2011.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In developing rules to implement chapter 28A.642 RCW, OSPI has incorporated the substantive portions of chapter 392-200 WAC regarding employment discrimination and affirmative action into chapter 392-190 WAC. The inclusion of employment discrimination and affirmative action provisions into chapter 392-190 WAC has been vetted through the public hearing and public input process. Because these provisions are now located in chapter 392-190 WAC, OSPI is repealing chapter 392-200 WAC to eliminate the duplication of these rules. Repealing these rules does not materially change the responsibilities of OSPI or school districts.

     Reasons Supporting Proposal:


     •     To include all rules implementing chapters 28A.640 and 28A.642 RCW regarding discrimination in public schools in one chapter of the WAC.

     •     Because the adoption of substantively identical amendments in chapter 392-190 WAC governs the same activity as WAC 392-200-003 through 392-200-020, those rules are no longer necessary and have been made redundant. They therefore meet the criteria for repeal set forth in RCW 34.05.353(2).

     Statutory Authority for Adoption: RCW 28A.640.020 and 28A.642.020.

     Statute Being Implemented: Chapters 28A.640 and 28A.642 RCW.

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

     Name of Proponent: Office of superintendent of public instruction, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Yvonne Ryans, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6162.

April 4, 2011

Randy Dorn

Superintendent of

Public Instruction

OTS-3925.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 392-200-003 Authority.
WAC 392-200-005 Purpose.
WAC 392-200-010 Public school employment and contract practices -- Sex discrimination.
WAC 392-200-015 Public school employment -- Affirmative action program.
WAC 392-200-020 Public school employment -- Affirmative action program -- General.

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