Status of School Rule – May 2011

On August 12, 2009, the State Board of Health adopted chapter 246-366A WAC, which contains updated rules regarding school environmental health and safety. It also added two new sections to the existing school rules, chapter 246-366 WAC. Please note that adoption is not the same as implementation and the state budget currently prohibits implementation of the updated chapter 246-366A WAC without funding. On December 22, 2009, the Board filed rule-making order WSR 10-01-174 with an effective date of July 1, 2010. However, the updated rules, chapter 246-366A WAC, could not become effective at that time unless the 2010 Legislature took action that would allow for implementation of all or part of the rules. On March 10, 2010, as the regular legislative session was concluding and no funding was expected to allow implementation of the new rules, the Board voted to extend the effective date to July 1, 2011.This was done through rule-making order WSR 10-12-018 filed on May 21, 2010.

In April 2011, the Legislature was considering state operating budget bills from both chambers that would continue restrictions on implementing the new rules. Therefore on April 13, 2011, the Board again voted to file a rule-making order to delay the effective date of the new rules another two years – July 1, 2013. This rule-making order (WSR 11-10-080) was filed on May 3, 2011.

The Board intends that the existing chapter 246-366 WAC remain in effect until it can implement the updated rules. The Board will evaluate actions of the Legislature during future legislative sessions until chapter 246-366A WAC is allowed to be implemented and chapter 246-366 WAC repealed. The Board will notify stakeholders each year if it is planning to implement any new provisions.

• Memo from Ned Therien, SBOH Health Policy Analyst, to Craig McLaughlin, SBOH Executive Director, and Mary Selecky, DOH Secretary

• Summary of New Provisions

• CR-103P Rule-Making Order WSR 10-01-174

• CR-103P Rule-Making Order WSR 10-12-018

• CR-103P Rule-Making Order WSR 11-10-080

• Tentative General Effective Date and Dates for Phased in Provisions

School Rule Hearings, August 2008 - August 2009

Original Rule Proposal (CR102) - Filed July 2008

On August 27 and September 10, 2008, the State Board of Health heard public testimony on a proposed modernization of its school environmental health and safety rule, chapter 246-366 WAC. The proposal, published in the State Register as WSR 08-15-174, would have repealed the current rule chapter and adopted a reorganized and updated set of provisions in a new chapter 246-366A WAC. The Board deliberated on the proposal October 8 and considered three motions:

• First it adopted by unanimous consent a motion to amend some of the language in the rule proposal.

• It considered a motion to adopt the rule proposal as amended, but did not vote on this motion.

• It then passed a subsidiary motion to defer a vote on the motion to adopt until the Legislature had an opportunity during the 2009 session to consider providing funding to support rule implementation.

The final 2009-11 operating budget, passed April 2009 as ESHB 1244, includes language prohibiting the Department of Health and the State Board of Health from implementing any new or amended school facility rules without public school funding by the Legislature. The Legislature provided no funding for rule implementation during the 2009 session. Section 222 of ESHB 1244 contains the following language:

"The appropriations in this section are subject to the following conditions and limitations:
(1)...The department of health and the state board of health shall not implement any new or amended rules pertaining to primary and secondary school facilities until the rules and a final cost estimate have been presented to the legislature, and the legislature has formally funded implementation of the rules through the omnibus appropriations act or by statute..."

On June 10, 2009, the Board considered the legislative restriction. It substituted the motion delayed from its October 2008 meeting with a new motion that directed staff to develop and file a revised rule proposal  recognizing the legislative restriction on implementing new or amended rules. The intention of the revised proposal was to maintain existing chapter 246-366 WAC provisions until they could be superseded by  updated rules, chapter 246-366A WAC. This would allow phase-in of provisions contingent on funding being provided to public schools by the Legislature or restrictions being otherwise removed. The Board scheduled an August 12 meeting for a hearing and vote on a revised rule proposal.

Supplemental (CR102) Rule Proposal - Two Alternatives

On July 1, 2009, the Board filed a supplemental rule proposal (WSR 09-14-136) with two alternatives. The alternatives differed primarily in the process for establishing implementation dates and language explaining legislative actions needed before new rules are implemented.

Public Hearing - August 2009

On August 12, 2009, the Board adopted an amended, blended version of the alternatives in the supplemental rule proposal, as recommended by the Board's Environmental Health Committee. Existing chapter 246-366 WAC will remain in place until superseded by new provisions of chapter 246-366A WAC.

The Board's Executive Director will file a rule order (CR103) by the end of 2009 indicating an effective date of July 1, 2010. This order could be amended before July 1, 2010 to delay the effective date of all or some of the new sections, depending on the status of legislative restrictions and funding to public schools for new or amended rule provisions.

Update Newsletters

• October 22, 2008

• July 30, 2008

• May 22, 2008

• May 1, 2008

• April 7, 2008

• March 24, 2008

Additional Materials and Resources

• Department of Health School Rule Development Web Site

• Board of Health Meeting Materials--School Environmental Health & Safety

• School Rule Revision Workshops

• Legislative Correspondence

  • From the Board

    • Speaker Frank Chopp, March 26, 2009

    • Senate Early Learning and K-12 Committee and House Appropriations Subcommittee on Education, October 17, 2008

    • Senate Early Learning and K-12 Education Committee, March 24, 2008

    • House Capital Budget Committee, February 18, 2008

    • Representative Shay Schual-Berke, February 12, 2008

  • To the Board

    • Senators Rodney Tom, Rosemary McAuliff, and Fred Jarrett; Representatives Kelli Linville and Mark Ericks, May 27, 2009

    • Senator Ken Jacobsen, October 9, 2008

    • Senator Eric Oemig, October 7, 2008

    • Senator Craig Pridemore, September 24, 2008

    • Senator Karen Keiser, September 11, 2008

    • Representative Christine Rolfes, September 2, 2008

    • Senators Rosemary McAuliffe, Rodney Tom, Dale Brandland, and Curtis King, July 28, 2008

    • Representatives Kathy Haigh, Pat Sullivan, Skip Priest, Glenn Anderson, Ross Hunter, and Fred Jarrett, July 14, 2008

• 2009 Legislative Bills

  • ESHB 1244 ~ Regarding state operating budget for 2009-2011 biennium (See Section 222(1) ~ Department of Health budget proviso)

  • HB 2070/SSB 5779 ~ Regarding adoption of school environmental health and safety rules

  • HB 2334 ~ Regarding jobs creation/public facilities construction

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  For additional information about the Board’s history of proceedings regarding the proposed school rule revision, view documents at the following web sites: http://www.sboh.wa.gov/rules/schooleh/MtgMaterials.htm or http://www.sboh.wa.gov/rules/schooleh/SRRT.htm