Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-14-075.

     Title of Rule and Other Identifying Information: Chapter 180-08 WAC, Access to records.

     Hearing Location(s): Puget Sound Educational Service District 121, 800 Oakesdale Avenue S.W., Renton, WA 98055, on October 26, 2006, at 9:00 a.m.

     Date of Intended Adoption: October 27, 2006.

     Submit Written Comments to: Edith W. Harding, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail eharding@ospi.wednet.edu, fax (360) 586-2357, by October 12, 2006.

     Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by October 12, 2006, TTY (360) 664-3631 or (360) 725-6025.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These are technical amendments to bring chapter 180-08 WAC in line with the requirements of E2SHB 3098, incorporating the new responsibilities of the state board of education.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 28A.305.130, 34.05.220, and 42.17.250 through 42.17.348.

     Statute Being Implemented: E2SHB 3098 (chapter 263, Laws of 2006).

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

     Name of Proponent: State board of education, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Edith Harding, State Board of Education, Olympia, Washington, (360) 725-6025.

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

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

September 19, 2006

Edith Harding

Executive Director

OTS-9229.1

AMENDATORY SECTION(Amending WSR 02-18-054, filed 8/28/02, effective 9/28/02)

WAC 180-08-002   General description of organization.   (1) The state board of education is created by law in chapter 28A.305 RCW.

     (2) The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability system to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board shall:

     (a) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business;

     (b) Form committees as necessary to effectively and efficiently conduct the work of the board;

     (c) Seek advice from the public and interested parties regarding the work of the board;

     (d) For the purposes of statewide accountability:

     (i) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems necessary to improve student learning;

     (ii) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of certificates;

     (iii) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:

     (A) An increase in the percent of students meeting standards;

     (B) Positive progress on an improvement index that measures improvement in all levels of the assessment; and

     (C) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting standard, or the improvement index.

     (iv) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards;

     (v) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies after the legislature has authorized a set of intervention strategies. After the legislature has authorized a set of intervention strategies, at the request of the board, the superintendent shall intervene in the school or school district and take corrective actions;

     (vi) Identify performance incentive systems that have improved or have the potential to improve student achievement;

     (vii) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction for any improvements needed to the system; and

     (viii) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board.

     (e) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve; provide that no private school may be approved that operates a kindergarten program only; provided further that no private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials;

     (f) Articulate with the institutions of higher education, work force representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system;

     (g) Hire an executive director and an assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020.

     (3) The board consists of ((one voting member from each congressional district in the state, elected by the members of school district boards of directors in the congressional district, who serve staggered four-year terms; the superintendent of public instruction, who serves as an ex officio member and chief executive officer of the board and votes only to break ties; and one member elected at large by members of the boards of directors of approved private schools, who serves a four-year term. A secretary (executive director) is appointed by the board.)):

     (a) Five members, three from Western Washington and two from Eastern Washington elected by members of school district boards of directors in those respective regions;

     (b) Seven members appointed by the governor;

     (c) The superintendent of public instruction;

     (d) One member elected at large by members of the boards of directors of approved private schools; and

     (e) Two high school students, selected by a process determined by the state board, who are nonvoting members.

     (((2))) (4) The governor appointed and school director elected members serve staggered terms of office of no more than two consecutive four-year terms.

     (5) The board determines its own officers.

     (6) General policy powers of the board relate to ((educator preparation and certification requirements, school construction)) the school accountability system, high school graduation requirements, school district approval for basic education funding purposes, waivers from basic education requirements, private school approval and accreditation, ((school)) educational service district boundaries, ((approval)) immunization of private school((s)) students, and ((other matters)) home-based testing.

     (((3))) (7) 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.

[Statutory Authority: RCW 34.05.220, 28A.305.130. 02-18-054, § 180-08-002, filed 8/28/02, effective 9/28/02.]

     (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)) director. 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)) executive director 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)) required 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)) executive director 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)) executive director 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)) board to protect public records from damage or disorganization, prevent excessive interference with essential functions of the ((agency)) board, 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. Copying charges shall be reasonable and conform with RCW 42.17.300. 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 and dates of official state board of education business requiring all board staff to be away from the office.

[Statutory Authority: RCW 34.05.220, 28A.305.130. 02-18-054, § 180-08-006, filed 8/28/02, effective 9/28/02.]

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