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Chapter 180-16 WAC

Last Update: 7/27/21

STATE SUPPORT OF PUBLIC SCHOOLS

WAC Sections

HTMLPDF180-16-002Purpose and authority.
HTMLPDF180-16-162Strike defined—Presumption of approved program operation—Strikes—Exception—Approval/disapproval of program during strike period—Work stoppages and maintenance of approved programs for less than one hundred eighty days not condoned.
HTMLPDF180-16-163Strike defined.
HTMLPDF180-16-164Work stoppages and maintenance of approved programs for less than 180 days not condoned.
HTMLPDF180-16-191Programs subject to basic education allocation entitlement requirements.
HTMLPDF180-16-195Annual reporting and review process.
HTMLPDF180-16-200Total instructional hour requirement.
HTMLPDF180-16-212Continuity of operations plan.
HTMLPDF180-16-220Supplemental basic education program approval requirements.
HTMLPDF180-16-225Waiver—Substantial lack of classroom space—Grounds and procedure.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
180-16-003Authority for rules. [Order 6-71, § 180-16-003, filed 10/13/71; Order, filed 5/3/66, effective 6/3/66; No. SBE, filed 12/17/64, effective 7/1/65.] Repealed by WSR 84-11-043 (Order 2-84), filed 5/17/84. Statutory Authority: RCW 28A.58.754(6).
180-16-005Regulations pursuant to RCW 28.41.060(4) and 28.41.110. [Rules, WAC 180-16-005 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC).] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-006Purpose. [Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-16-006, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-006, filed 5/17/84.] Repealed by WSR 02-18-056, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6).
180-16-010Apportionment of current state school funds to school districts—Educational unit basis. [Rules, WAC 180-16-010 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), adopted 2/21/55, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-015Apportionment of current state school funds to school districts—Administrative interpretations. [Rules, WAC 180-16-015 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), adopted 2/21/55, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-019Special service unit basis—Regulations pursuant to RCW 28.41.010(3). [Rules, WAC 180-16-019 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), adopted 2/21/55, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-020Special service unit basis—Allotment of funds for special service units. [Rules, WAC 180-16-020 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-025Special service unit basis—Typical duties of personnel in each field. [Rules, WAC 180-16-025 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-029Special service unit basis—Minimum standards and schedule of minimum funds—Regulations pursuant to RCW 28.41.090. [Filed 12/17/64, effective 7/1/65; SBE 16-4-6 (repealed before publication in WAC).] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-030Minimum standards—Teachers salaries. [Rules, WAC 180-16-030 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), adopted 4/9/45, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-035Minimum standards—Schedule of minimum funds. [Rules, WAC 180-16-035, (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), adopted April 21, 1947 with modifications automatically resulting because of subsequent legislative enactments: Amended March 31-April 1, 1958, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-040Minimum standards—Junior high support. [Rules, WAC 180-16-040 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), adopted 6/24-25/47, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-044Minimum standards—High school support. [Filed 12/17/64, effective 7/1/65; SBE 16-4-70; Finance Regulations (part), adopted 6/24-25/47, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-045Minimum standards—Equalization level of a school district that establishes a high school. [Rules, WAC 180-16-045 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC).] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-050Minimum standards—Attendance credit for apportionment purposes in case of nonattendance. [Rules, WAC 180-16-050 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), adopted 2/24/60, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-055Minimum standards—More than 180 days school operation during any one school year—Summer school programs. [Rules, WAC 180-16-055 (SBE section 16-4), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); Finance Regulations (part), subsection 1, adopted 4/9/45; subsection 2, adopted 6/10-11/46; subsections 3-6, adopted 4/3-4/59; subsections 1-6, filed 3/24/60.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-057Approval or nonapproval of summer school programs for apportionment credit. [Rules, WAC 180-16-057 (SBE section 16-8), filed 12/17/64, effective 7/1/65 (repealed before publication in WAC); filed 7/11/63, effective 8/12/63.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-060Approval or nonapproval of summer school programs for apportionment credit—Allotments to school districts with an excessive annual increase in enrollment. [SBE 16-4-63, 16-4-630 and 16-4-631, filed 12/17/64, effective 7/1/65.] Repealed by order filed 5/3/66, effective 6/3/66.
180-16-065Junior college apportionment units. [Adopted 11/3/41, filed 3/24/60.] Repealed by order filed 12/17/64, effective 7/1/65.
180-16-100Intermediate school districts—Regulations and formula for the allocation of state funds. [Order 2-69, § 180-16-100, filed 6/27/69; SBE 16-20-2, filed 6/20/67, effective 7/21/67; SBE 16-20-1 and 16-20-2, filed 5/3/66, effective 6/3/66; subsection 1, filed 12/17/64, effective 7/1/65; subsection 2, filed 7/20/65; filed 12/17/64, effective 7/1/65; Adopted 6/9/59, filed 3/24/60.] Repealed by Order 6-71, filed 10/13/71.
180-16-101Intermediate school districts—Budgets—Request for allocation. [Order 2-69, § 180-16-101, filed 6/27/69; SBE 16-20-3, filed 6/20/67, effective 7/21/67; SBE 16-20-3, filed 5/3/66, effective 6/3/66; filed 12/17/64, effective 7/1/65.] Repealed by Order 6-71, filed 10/13/71.
180-16-102Intermediate school districts—Allocation of funds—By superintendent. [Order 2-69, § 180-16-102, filed 6/27/69; SBE 16-20-4, filed 5/3/66, effective 6/3/66; filed 12/17/64, effective 7/1/65.] Repealed by Order 6-71, filed 10/13/71.
180-16-150Federal funds, channeling of for education—Policy statement. [SBE 16-24-1, filed 12/17/64, effective 7/1/65; Rules (part), filed 3/24/60, adopted 5/13-14/57.] Repealed by WSR 82-20-054 (Order 5-82), filed 10/1/82.
180-16-160Nursery school operation. [Order 3-77, § 180-16-160, filed 6/1/77; SBE 16-6-1, filed 12/17/64, effective 7/1/65.] Repealed by WSR 82-20-053 (Order 7-82), filed 10/1/82. Statutory Authority: RCW 28A.34.010.
180-16-165Minimum approval requirements for purposes of apportionment. [Order 3-77, § 180-16-165, filed 6/1/77; Order 2-76, § 180-16-165, filed 3/23/76; Order 5-73, § 180-16-165, filed 9/6/73; Order 4-72, § 180-16-165, filed 8/29/72; Order 7-70, § 180-16-165, filed 6/9/70; Order, filed 4/26/67; Order, filed 7/27/66.] Repealed by WSR 78-06-097 (Order 3-78), filed 6/5/78. Statutory Authority: RCW 28A.41.130 and 28A.58.754.
180-16-166Entry age. [Statutory Authority: RCW 28A.58.190. WSR 79-06-047 (Order 2-79), § 180-16-166, filed 5/22/79.] Repealed by WSR 83-13-004 (Order 5-83), § 180-16-166, filed 6/2/83.
180-16-167Kindergarten operation on ninety full-day school year basis—Approval provisions. [Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-167, filed 6/5/78; Order 4-72, § 180-16-167, filed 8/29/72.] Repealed by WSR 79-02-048 (Order 1-79), filed 1/30/79. Statutory Authority: RCW 28A.58.750.
180-16-170Adult education. [SBE 16-12-4, filed 5/3/66, effective 6/3/66; filed 12/17/64, effective 7/1/65.] Repealed by Order 6-71, filed 10/13/71.
180-16-180Vocational-technical institutes, state support of. [Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-16-180, filed 8/6/90, effective 9/6/90; Order 3-77, § 180-16-180, filed 6/1/77; Order 6-71, § 180-16-180, filed 10/13/71; Filed 5/3/66, effective 6/3/66; SBE 16-16-4, 16-16-40, 16-16-401 and 16-16-402, filed 12/17/64, effective 7/1/65.] Repealed by WSR 98-08-039, filed 3/24/98, effective 4/24/98. Statutory Authority: RCW 28A.150.220(4).
180-16-190Community colleges, state support of. [Reference 16-16-8, filed 5/3/66, effective 6/3/66.] Repealed by Order 7-70, filed 6/9/70.
180-16-205Classroom teacher contact hours requirement—Waiver. [Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-086, § 180-16-205, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.150.220, 28A.320.200, 28A.150.260 and 1992 c 141. WSR 92-17-053, § 180-16-205, filed 8/17/92, effective 9/17/92. Statutory Authority: RCW 28A.150.220 and [28A.150.]260. WSR 92-05-047, § 180-16-205, filed 2/13/92, effective 3/15/92. Statutory Authority: RCW 28A.04.127 and 28A.41.140. WSR 86-21-020 (Order 15-86), § 180-16-205, filed 10/7/86. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-205, filed 5/17/84. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-205, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-205, filed 6/5/78.] Repealed by WSR 01-24-092, filed 12/4/01, effective 1/4/02. Statutory Authority: Chapter 28A.630 RCW.
180-16-210Kindergarten through grade three students to classroom teacher ratio requirement. [Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-086, § 180-16-210, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.41.130. WSR 89-01-039 (Order 24-88), § 180-16-210, filed 12/14/88; WSR 87-12-043 (Order 12-87), § 180-16-210, filed 6/1/87. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-210, filed 5/17/84. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-210, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-210, filed 6/5/78.] Repealed by WSR 11-24-033, filed 12/1/11, effective 1/1/12.
180-16-215Minimum one hundred eighty school day year. [Statutory Authority: RCW 28A.150.220(4). WSR 02-18-053, § 180-16-215, filed 8/28/02, effective 9/28/02. Statutory Authority: Chapter 28A.630 RCW. WSR 01-24-092, § 180-16-215, filed 12/4/01, effective 1/4/02. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-086, § 180-16-215, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-215, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-215, filed 6/5/78.] Repealed by WSR 11-24-034, filed 12/1/11, effective 1/1/12.
180-16-221Assignment of classroom teachers within districts. [Statutory Authority: RCW 28A.150.220(4) and 28A.410.010. WSR 98-01-031, § 180-16-221, filed 12/8/97, effective 1/8/98. Statutory Authority: RCW 28A.150.220(6) and 28A.410.010. WSR 97-04-083, § 180-16-221, filed 2/5/97, effective 3/8/97. Statutory Authority: RCW 28A.70.005. WSR 87-12-040 (Order 9-87), § 180-16-221, filed 6/1/87. Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-221, filed 6/10/86.] Repealed by WSR 99-07-054, filed 3/16/99, effective 4/16/99. Statutory Authority: RCW 28A.150.220(4).
180-16-222Exceptions to classroom teacher assignment policy. [Statutory Authority: RCW 28A.150.220(6) and 28A.410.010. WSR 97-04-083, § 180-16-222, filed 2/5/97, effective 3/8/97. Statutory Authority: RCW 28A.150.220(6). WSR 94-24-040, § 180-16-222, filed 12/2/94, effective 1/2/95. Statutory Authority: RCW 28A.410.010. WSR 93-07-102, § 180-16-222, filed 3/23/93, effective 4/23/93; WSR 92-04-044, § 180-16-222, filed 1/31/92, effective 3/2/92. Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-222, filed 6/10/86.] Repealed by WSR 99-07-054, filed 3/16/99, effective 4/16/99. Statutory Authority: RCW 28A.150.220(4).
180-16-223Temporary out-of-endorsement assignment criteria. [Statutory Authority: RCW 28A.410.010. WSR 94-20-054, § 180-16-223, filed 9/30/94, effective 10/31/94; WSR 93-07-102, § 180-16-223, filed 3/23/93, effective 4/23/93; WSR 92-04-044, § 180-16-223, filed 1/31/92, effective 3/2/92. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-16-223, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.754(6). WSR 88-08-045 (Order 9-88), § 180-16-223, filed 4/4/88; WSR 86-13-015 (Order 5-86), § 180-16-223, filed 6/10/86.] Repealed by WSR 97-04-083, filed 2/5/97, effective 3/8/97. Statutory Authority: RCW 28A.150.220(6) and 28A.410.010.
180-16-224Second and third year temporary out-of-endorsement criteria. [Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-224, filed 6/10/86.] Repealed by WSR 97-04-083, filed 2/5/97, effective 3/8/97. Statutory Authority: RCW 28A.150.220(6) and 28A.410.010.
180-16-226Superintendent of public instruction annual report to state board of education. [Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-226, filed 6/10/86.] Repealed by WSR 99-07-054, filed 3/16/99, effective 4/16/99. Statutory Authority: RCW 28A.150.220(4).
180-16-227Implementation timeline for WAC 180-16-220(2). [Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-16-227, filed 2/3/04, effective 3/5/04; WSR 02-18-056, § 180-16-227, filed 8/28/02, effective 9/28/02.] Repealed by WSR 06-23-011, filed 11/2/06, effective 12/3/06. Statutory Authority: RCW 28A.150.220, 28A.305.140, and 28A.305.130(6).
180-16-230Definitions—Basic skills areas. [Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-230, filed 6/5/78.] Repealed by WSR 79-10-033 (Order 10-79), filed 9/12/79. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250.
180-16-231Assignment of principals and vice principals within districts. [Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-231, filed 6/10/86.] Repealed by WSR 99-07-054, filed 3/16/99, effective 4/16/99. Statutory Authority: RCW 28A.150.220(4).
180-16-235Definitions—Work skills. [Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-235, filed 6/5/78.] Repealed by WSR 79-10-033 (Order 10-79), filed 9/12/79. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250.
180-16-236Assignment of educational staff associates. [Statutory Authority: RCW 28A.410.010. WSR 94-01-103, § 180-16-236, filed 12/16/93, effective 1/16/94. Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-236, filed 6/10/86.] Repealed by WSR 99-07-054, filed 3/16/99, effective 4/16/99. Statutory Authority: RCW 28A.150.220(4).
180-16-238Assignment of persons providing instruction of braille to students. [Statutory Authority: RCW 28A.410.010 and 1995 2nd sp.s. c 18 § 501 (2)(j). WSR 96-11-111, § 180-16-238, filed 5/20/96, effective 6/20/96.] Repealed by WSR 99-07-054, filed 3/16/99, effective 4/16/99. Statutory Authority: RCW 28A.150.220(4).
180-16-240Compliance with other program requirements. [Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-16-240, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-240, filed 5/17/84. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-240, filed 9/12/79. Statutory Authority: RCW 28A.58.750. WSR 79-02-048 (Order 1-79), § 180-16-240, filed 1/30/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-240, filed 6/5/78.] Repealed by WSR 99-10-091, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.150.250, 28A.150.260 and 28A.15.220 [ 28A.150.220].
180-16-241Remote and necessary small school plants—Purpose and authority. [WSR 05-13-061, recodified as § 180-16-241, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 sp.s. c 6 § 502 (i)(e). WSR 02-14-113, § 180-24-400, filed 7/2/02, effective 8/2/02; WSR 95-20-055, § 180-24-400, filed 10/2/95, effective 11/2/95.] Amended and decodified by WSR 06-17-038, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). Recodified as § 392-349-005.
180-16-242Remote and necessary small school plants—Criteria. [WSR 05-13-061, recodified as § 180-16-242, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 c 6 § 502 (i)(e). WSR 02-14-113, § 180-24-410, filed 7/2/02, effective 8/2/02. Statutory Authority: 1994 1st sp.s. c 6 § 502 (1)(e). WSR 97-21-069, § 180-24-410, filed 10/15/97, effective 11/15/97. Statutory Authority: 1994 sp.s. c 6 § 502(i)(e). WSR 95-20-055, § 180-24-410, filed 10/2/95, effective 11/2/95.] Amended and decodified by WSR 06-17-038, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). Recodified as § 392-349-010.
180-16-243Remote and necessary small school plants—Review committee. [WSR 05-13-061, recodified as § 180-16-243, filed 6/10/05, effective 6/10/05. Statutory Authority: 1994 sp.s. c 6 § 502 (i)(e). WSR 02-14-113, § 180-24-415, filed 7/2/02, effective 8/2/02. Statutory Authority: 1994 1st sp.s. c 6 § 502 (1)(e). WSR 97-21-069, § 180-24-415, filed 10/15/97, effective 11/15/97. Statutory Authority: 1994 sp.s. c 6 § 502(i)(e). WSR 95-20-055, § 180-24-415, filed 10/2/95, effective 11/2/95.] Amended and decodified by WSR 06-17-038, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). Recodified as § 392-349-015.


PDF180-16-002

Purpose and authority.

(1) In support of improving student learning and growth, the purpose of this chapter is to establish the policies and procedures for state board of education approval of school district programs for entitlement to state basic education allocation funding.
(2) The authority for this chapter is RCW 28A.150.220(4).
[Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6). WSR 02-18-056, § 180-16-002, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.150.220(4). WSR 98-08-039, § 180-16-002, filed 3/24/98, effective 4/24/98. Statutory Authority: RCW 28A.150.220(4) and 28A.410.010. WSR 98-01-031, § 180-16-002, filed 12/8/97, effective 1/8/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-16-002, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-002, filed 5/17/84.]



PDF180-16-162

Strike defined—Presumption of approved program operation—Strikes—Exception—Approval/disapproval of program during strike period—Work stoppages and maintenance of approved programs for less than one hundred eighty days not condoned.

(1) Strike defined. For the purpose of this section the term "strike" shall mean: A concerted work stoppage by employees of a school district of which there has been a formal declaration by their recognized representative and notice of the declaration has been provided to the district by the recognized representative at least two calendar school days in advance of the actual stoppage.
(2) Presumption of approved program. It shall be presumed that all school days conducted during a school year for which the state board of education has granted annual program approval are conducted in an approved manner, except for school days conducted during the period of a strike. The following shall govern the approval or disapproval of a program conducted during the period of a strike:
(a) Upon the submission of a written complaint of substandard program operation by a credible observer, the state superintendent of public instruction may investigate the complaint and program being operated during the strike.
(b) The district's program shall be deemed disapproved if the investigation of the state superintendent establishes a violation of one or more of the following standards or, as the case may be, such deviations as have been approved by the state board:
(i) All administrators must have proper credentials;
(ii) WAC 180-16-220(1) which requires that all teachers have proper credentials;
(iii) The school district shall provide adequate instruction for all pupils in attendance;
(iv) Adequate provisions must be made for the health and safety of all pupils;
(v) The local district shall have a written plan for continuing the school program during this period; and
(vi) The required ratio of enrolled pupils to certificated personnel for the first five days shall not exceed 60 to 1, for the next five days shall not exceed 45 to 1 and thereafter shall not exceed 30 to 1.
(c) Program disapproval shall be effective as of the day following transmittal of a notice of disapproval by the state superintendent and shall apply to those particular school days encompassed in whole or in part by the remainder of the strike period.
(d) The decision of the state superintendent shall be final except as it may be reviewed by and at the option of the state board of education.
(e) The program shall be deemed approved during those days of operation for which a trial court order ordering striking employees to work is in effect.
(3) Work stoppages. Nothing in this section or WAC 180-16-191 through 180-16-225 shall be construed as condoning or authorizing any form of work stoppage which disrupts any portion of the planned educational program of a district or the maintenance of an approved program for less than the minimum number of school days required by law, except as excused for apportionment purposes by the superintendent of public instruction pursuant to RCW 28A.150.290.
[Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-16-162, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.150.220(4). WSR 02-18-053, § 180-16-162, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-162, filed 9/12/79; Order 5-73, § 180-16-162, filed 9/6/73.]



PDF180-16-163

Strike defined.

For the purpose of WAC 180-16-162, the term "strike" shall mean: A concerted work stoppage by employees of a school district of which there has been a formal declaration by their recognized representative and notice thereof provided to the district by such representative at least two calendar school days in advance of the actual stoppage.
[Order 5-73, § 180-16-163, filed 9/6/73.]



PDF180-16-164

Work stoppages and maintenance of approved programs for less than 180 days not condoned.

Nothing in WAC 180-16-162, 180-16-163 or 180-16-191 through 180-16-225 shall be construed as condoning or authorizing any form of work stoppage which disrupts the planned educational program of a district, or any portion thereof, or the maintenance of an approved program for less than the minimum number of school days required by law except as excused for apportionment purposes by the superintendent of public instruction pursuant to RCW 28A.150.290.
[Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-16-164, filed 11/16/10, effective 12/17/10. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-16-164, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-164, filed 9/12/79; Order 5-73, § 180-16-164, filed 9/6/73.]



PDF180-16-191

Programs subject to basic education allocation entitlement requirements.

The requirements, procedures and other provisions set forth in this chapter shall apply to kindergarten programs and to such portion of the grade one through twelve program, including related vocational instruction, as a school district provides for students enrolled in kindergarten through grade twelve.
[Statutory Authority: RCW 28A.150.220(4). WSR 02-18-053, § 180-16-191, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-191, filed 5/17/84. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-191, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-191, filed 6/5/78.]



PDF180-16-195

Annual reporting and review process.

(1) Annual school district reports. A review of each school district's kindergarten through twelfth grade program shall be conducted annually for the purpose of determining compliance or noncompliance with basic education program approval requirements. On or before September 15th of each school year, each school district superintendent shall complete and return the program assurance form distributed by the state board of education. The form shall be designed to elicit data necessary to make a determination of a school district's compliance or noncompliance with basic education program approval requirements. The form shall be submitted electronically and signed by:
(a) The school board president or chairperson, and
(b) The superintendent of the school district.
(2) State board staff review.
(a) State board of education staff shall review each school district's program assurance form, may conduct on-site visits of selected school districts, as needed and subject to funding support, and shall prepare recommendations and reports for presentation to the state board of education: Provided, that, if a school district's initial program assurance form does not establish compliance with the basic education program approval requirements, the district shall be provided the opportunity to explain the deficiency or deficiencies.
(b) School districts may use the personnel and services of the educational service district to assist the school district and schools in the district that are out of compliance with basic education program approval requirements.
(3) Annual certification of compliance or noncomplianceWithholding of funds for noncompliance.
(a) At the November meeting of the state board of education, or at such other meeting as the board shall designate, the board shall certify by motion each school district as being in compliance or noncompliance with the basic education program approval requirements.
(b) A certification of compliance shall be effective for the then current school year subject to any subsequent ad hoc review and determination of noncompliance as may be deemed necessary by the state board of education or advisable by the superintendent of public instruction. In addition, a certification of compliance shall be effective tentatively for the succeeding school year until such time as the state board takes its annual action certifying compliance or noncompliance with the program approval requirements.
(c) A certification of noncompliance shall be effective until program compliance is assured by the school district to the satisfaction of state board of education staff, subject to review by the state board.
(d) Upon the certification of noncompliance of a school district, state board of education staff shall notify the superintendent of public instruction and the school district of a certification of noncompliance immediately after the board meeting at which certification occurred.
(e) A withholding of basic education allocation funding from a school district shall not occur for noncompliance if the school district has remediated the noncompliance situation within sixty school business days from the time the district receives notice of the noncompliance from the state board of education. The state board of education may extend the sixty days timeline only if the district demonstrates by clear and convincing evidence to the satisfaction of the state board of education that sixty days is not reasonable to make the necessary corrections. For the purposes of this section, a school business day shall mean any calendar day, exclusive of Saturdays, Sundays, and any federal and school holidays upon which the office of the superintendent of the school district is open to the public for the conduct of business. A school business day shall be concluded or terminated upon the closure of said office for the calendar day.
(f) At the discretion of the state board of education, after notification by the state board of education to a school district regarding an existing noncompliance, the state board of education may recommend the superintendent of public instruction withhold funds or may enter into a compliance agreement with the school district that shall include, but not be limited to, the following criteria:
(i) A deadline for school district remediation of the noncompliance(s).
(ii) A listing of all the noncompliance areas and the necessary terms that must be satisfied in each area in order for the school district to gain compliance status. This listing also shall specify additional deadlines for the accomplishment of the stated terms if different from the final deadline as specified in subsection (1) of this section.
(iii) A closing statement specifying that a school district's failure to remediate a noncompliance by the determined deadline may result, at the state board of education's or its designee's discretion, in the recommendation to the superintendent of public instruction of withholding of the school district's basic education allocation funding by the superintendent of public instruction.
(iv) The date and the signatures of the superintendent of the school district, the chair of the school district's board of directors, and the chair of the state board of education, or his/her designee, to the agreement. A copy of the completed compliance agreement shall be sent to the chairperson of the school district's board of directors and the school district superintendent.
(g) In the event a school district fails to sign a compliance agreement within five school business days from the date of issuance or does not satisfy all of the terms of the signed compliance agreement within the designated amount of time, the state board of education may recommend to the superintendent of public instruction withholding state funds for the basic education allocation until program compliance is assured.
(h) Any school district may appeal to the state board of education the decision of noncompliance by the state board of education. Such appeal shall be limited to the interpretation and application of these rules by the state board of education. Such appeal shall not stay the withholding of any state funds pursuant to this section or completion of the compliance agreement.
(4) The provisions of subsection (3)(g) of this section shall not apply if the noncompliance is related to the school district's fiscal condition and results in the implementation of a financial plan under RCW 28A.505.140(3).
(5) Each school district shall develop, maintain and, if necessary, implement a continuity of operations plan under WAC 180-16-200 and 180-16-212 for delivering the program of basic education during disruptions to basic education delivery resulting from an "emergency or disaster" as defined in RCW 38.52.010. "Emergency" may also include a national declaration of emergency by an authorized federal official.
[Statutory Authority: RCW 28A.150.220(7). WSR 21-16-044, § 180-16-195, filed 7/27/21, effective 8/27/21; WSR 21-05-015, § 180-16-195, filed 2/5/21, effective 3/8/21. Statutory Authority: RCW 28A.150.220 and 28A.150.250. WSR 18-24-090, § 180-16-195, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.150.220, 28A.150.250, and 28A.150.260. WSR 11-17-044, § 180-16-195, filed 8/11/11, effective 9/11/11. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6). WSR 02-18-056, § 180-16-195, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.150.250, 28A.150.260 and 28A.15.220 [28A.150.220]. WSR 99-10-091, § 180-16-195, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-195, filed 5/17/84. Statutory Authority: RCW 28A.04.120. WSR 83-13-002 (Order 3-83), § 180-16-195, filed 6/2/83. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-195, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-195, filed 6/5/78.]



PDF180-16-200

Total instructional hour requirement.

(1) Kindergarten total instructional hour requirement - An annual minimum one thousand instructional hours according to an implementation schedule under RCW 28A.150.315.
(2) Grades 1-12 total instructional hour requirement - District-wide annual average of at least:
(a) A district-wide average of one thousand eighty instructional hours for students enrolled in grades nine through twelve and a district-wide annual average of one thousand instructional hours in grades one through eight; or
(b) A district-wide annual average of one thousand twenty-seven instructional hours in grades one through twelve.
(3) For nonhigh school districts, a district-wide annual average of one thousand instructional hours in such grades as are offered by the district.
(4) Instructional hours are defined in RCW 28A.150.205.
(a) Instructional hours are delivered "in-person," as defined in RCW 28A.232.010 (1)(b), except as provided in RCW 28A.232.010 (4)(b).
(b) School districts may deliver instructional hours through learning modalities other than in-person instruction which may include, but are not limited to, distance learning, hybrid classrooms, rotating schedules, or other methods that allow for delivery of basic education services under the following:
(i) Funding allocation models established by the legislature or the superintendent of public instruction in chapter 392-121 WAC, chapters 28A.232 and 28A.250 RCW that allow for modalities other than in-person instruction;
(ii) Districts may provide the opportunity for individual students to engage in the program of basic education through modalities other than in-person instruction if so agreed upon by the district and the student due to health or safety needs of the student;
(iii) During implementation of the school district's continuity of operations plan under WAC 180-16-212; and
(iv) Under any other applicable law that would allow for modalities other than in-person instruction to be delivered.
(5) Nothing in this section supersedes other applicable law.
[Statutory Authority: RCW 28A.150.220(7). WSR 21-16-044, § 180-16-200, filed 7/27/21, effective 8/27/21; WSR 21-05-015, § 180-16-200, filed 2/5/21, effective 3/8/21. Statutory Authority: 2014 c 217 and RCW 28A.230.090. WSR 14-19-032, § 180-16-200, filed 9/8/14, effective 10/9/14. Statutory Authority: Chapter 28A.630 RCW. WSR 01-24-092, § 180-16-200, filed 12/4/01, effective 1/4/02. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-086, § 180-16-200, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.410.010. WSR 94-03-104 (Order 5-94), § 180-16-200, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.150.220, 28A.320.200, 28A.150.260 and 1992 c 141. WSR 92-17-053, § 180-16-200, filed 8/17/92, effective 9/17/92. Statutory Authority: RCW 28A.150.220 and [28A.150.]260. WSR 92-05-047, § 180-16-200, filed 2/13/92, effective 3/15/92. Statutory Authority: RCW 28A.04.127 and 28A.41.140. WSR 86-21-020 (Order 15-86), § 180-16-200, filed 10/7/86. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-200, filed 5/17/84. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-200, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-200, filed 6/5/78.]



PDF180-16-212

Continuity of operations plan.

By the beginning of the 2021-22 school year, each school district shall develop, maintain and, if necessary, implement a continuity of operations plan that ensures delivery of basic education services during disruptions to basic education delivery resulting from an "emergency or disaster" as defined in RCW 38.52.010. "Emergency" may also include a national declaration of emergency by an authorized federal official.
(1) The continuity of operations plan shall describe the following:
(a) The process for the school district to decide how to transition to modalities other than in-person instruction if needed in the event of an emergency or disaster in order to ensure equitable delivery of the program of basic education to all students;
(b) The roles of school district staff responsible for executing the continuity of operations plan during an emergency;
(c) The process for the school district to decide how to transition to offering each student in-person instruction when the disruptions to basic education delivery due to the emergency have ended; and
(d) The schedule for routine review of the continuity of operations plan by the district.
(2) The following apply during implementation of the continuity of operations plan:
(a) Days in which instructional hours are offered shall count as school days for the purpose of meeting the requirements of RCW 28A.150.220; and
(b) Nothing in this section supersedes other applicable law.
(3) Each school district that implements its continuity of operations plan shall notify the state board of education and the office of superintendent of public instruction within five days of the decision to implement the continuity of operations plan by email and postal mail of the following:
(a) Date that the disruptions to basic education delivery began or will begin if there is an impending emergency situation and the estimated duration of the emergency or disaster;
(b) Documentation of the emergency or disaster, such as a declaration of emergency, and information that describes the disruption to basic education delivery due to the emergency;
(c) Contact information for school district staff who are responsible for executing the continuity of operations plan; and
(d) Further information or assurances upon request, at the discretion of the state board of education or the office of superintendent of public instruction staff.
(4) At the discretion of state board of education staff, each school district's compliance with the requirements of the program of basic education is subject to review under WAC 180-16-195.
(5) This continuity of operations plan may be used as a component of the comprehensive emergency management plan under RCW 38.52.030.
[Statutory Authority: RCW 28A.150.220(7). WSR 21-16-044, § 180-16-212, filed 7/27/21, effective 8/27/21.]



PDF180-16-220

Supplemental basic education program approval requirements.

The following requirements are hereby established by the state board of education as related supplemental condition to a school district's entitlement to state basic education allocation funds, as authorized by RCW 28A.150.220(4).
(1) Current and valid certificates. Every school district employee required by WAC 181-79A-140 to possess an education permit, certificate, or credential issued by the superintendent of public instruction for his/her position of employment, shall have a current and valid permit, certificate or credential. In addition, classroom teachers, principals, vice principals, and educational staff associates shall be required to possess endorsements as required by WAC 181-82-105, 181-82-120, and 181-82-125, respectively.
(2) Annual school building approval.
(a) Each school in the district shall be approved annually by the school district board of directors under an approval process determined by the district board of directors.
(b) At a minimum the annual approval shall require each school to have a school improvement plan that is data driven, promotes a positive impact on student learning, and includes a continuous improvement process that shall mean the ongoing process used by a school to monitor, adjust, and update its school improvement plan. For the purpose of this section "positive impact on student learning" shall mean:
(i) Supporting the goal of basic education under RCW 28A.150.210, "…to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives…";
(ii) Promoting continuous improvement of student achievement of the state learning goals and essential academic learning requirements; and
(iii) Recognizing nonacademic student learning and growth related, but not limited to: Public speaking, leadership, interpersonal relationship skills, teamwork, self-confidence, and resiliency.
(c) The school improvement plan shall be based on a self-review of the school's program for the purpose of annual building approval by the district. The self-review shall include active participation and input by building staff, students, families, parents, and community members.
(d) The school improvement plan shall address, but is not limited to:
(i) The characteristics of successful schools as identified by the superintendent of public instruction and the educational service districts, including safe and supportive learning environments;
(ii) Educational equity factors such as, but not limited to: Gender, race, ethnicity, culture, language, and physical/mental ability, as these factors relate to having a positive impact on student learning. The state board of education strongly encourages that equity be viewed as giving each student what she or he needs and when and how she or he needs it to reach their achievement potential;
(iii) The use of technology to facilitate instruction and a positive impact on student learning; and
(iv) Parent, family, and community involvement, as these factors relate to having a positive impact on student learning.
(3) Nothing in this section shall prohibit a school improvement plan from focusing on one or more characteristics of effective schools during the ensuing three school years.
(4) School involvement with school improvement assistance under the state accountability system or involvement with school improvement assistance through the federal Elementary and Secondary Education Act shall constitute a sufficient school improvement plan for the purposes of this section.
(5) Nonwaiverable requirements. Certification requirements, including endorsements, and the school improvement plan requirements set forth in subsection (2) of this section may not be waived.
[Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-16-220, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.150.220, 28A.305.140, and 28A.305.130. WSR 04-23-008, § 180-16-220, filed 11/4/04, effective 12/5/04. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-16-220, filed 2/3/04, effective 3/5/04; WSR 02-18-056, § 180-16-220, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.150.250, 28A.150.260 and 28A.15.220 [ 28A.150.220]. WSR 99-10-091, § 180-16-220, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.58.754(6), 28A.58.085 and 28A.58.090. WSR 90-01-137, § 180-16-220, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.58.090. WSR 86-20-056 (Order 14-86), § 180-16-220, filed 9/29/86. Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-220, filed 6/10/86; WSR 84-11-043 (Order 2-84), § 180-16-220, filed 5/17/84. Statutory Authority: RCW 28A.04.120(4). WSR 81-08-026 (Order 1-81), § 180-16-220, filed 3/26/81. Statutory Authority: RCW 28A.04.120. WSR 80-06-093 (Order 7-80), § 180-16-220, filed 5/29/80. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-220, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-220, filed 6/5/78.]



PDF180-16-225

WaiverSubstantial lack of classroom spaceGrounds and procedure.

(1) Grounds. The superintendent of public instruction may waive one or more of the basic education allocation entitlement requirements set forth in WAC 180-16-200 through 180-16-220(1) only if a school district's failure to comply with such requirement(s) is found by the superintendent of public instruction to be caused by substantial lack of classroom space.
As a condition to a waiver based on substantial lack of classroom space the state board will consider and a school district must demonstrate, at least, that the facilities of the school district do not contain enough classroom space or other space that can reasonably be converted into classroom space, and that necessary classroom space may not reasonably be acquired by lease or rental to enable the district to comply with the referenced entitlement requirements.
(2) Waiver procedure. In order to secure a waiver pursuant to subsection (1) of this section a school district must submit a petition together with a detailed explanation and documentation in support of its request not later than the deadline in a schedule issued by the superintendent of public instruction and the commencement of the school year.
[Statutory Authority: RCW 28A.300.750. WSR 18-24-090, § 180-16-225, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.150.220, 28A.305.140, and 28A.305.130. WSR 04-23-008, § 180-16-225, filed 11/4/04, effective 12/5/04. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-16-225, filed 2/3/04, effective 3/5/04. Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-225, filed 6/10/86; WSR 84-11-043 (Order 2-84), § 180-16-225, filed 5/17/84. Statutory Authority: RCW 28A.04.120. WSR 83-13-002 (Order 3-83), § 180-16-225, filed 6/2/83; WSR 80-06-093 (Order 7-80), § 180-16-225, filed 5/29/80. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-225, filed 6/5/78.]