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Rulemaking

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Current rulemaking activity  |  General rulemaking FAQ  |  Feedback

The State Board of Education has the authority to creates rules for public and approved private schools in Washington state. Rules developed by SBE can be found in Title 180 WAC.

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Current Rulemaking Activity/Rulemaking Docket:

SBE is staff is currently working on this page. You can find the status of SBE rulemaking on the SBE Rulemaking Docket page. The Current Rulemaking Docket was last updated 10/7/20. You may examine SBE rulemaking publications in the Washington State Register (WSR) on the Legislature's website.

Upcoming public hearings: 

Recent filings: 

  • A CR-102 (proposal for permanent rules for WAC 180-16 (State support of public schools) has been filed with the Code Reviser on 9/4/20 and will be published as WSR 20-19-022 in the 10/7/20 WSR publication.
  • A CR-102 (proposal for permanent rules) for WAC 180-51 regarding high school graduation requirements, WAC 180-90 regarding private schools, and WAC 180-11 regarding emergency waivers in response to COVID-19 has been published as WSR 20-15-151 filed 7/22/20. A public hearing was held on 8/27/20 at 2:00 p.m. and SBE will consider adoption of permanent rules during its September 2020 board meeting.
  • A CR-101 (preproposal statement of inquiry) for WAC 180-08 regarding practice, procedure, and access to public records has been published as WSR 19-12-043 filed 5/30/19

If you'd like an Office of the Code Reviser certified copy (PDF) of the documents above, please contact us.

Rulemaking FAQ

  1. What is a rule? 
     Rule is established by state agencies and becomes Washington state law as Washington Administrative Code.
  2. Why can agencies make rules? Isn't that usually the Legislature? 
    Agencies are given authorities in statute by the Legislature to make rules that become law as Washington Administrative Code. Often, statute on a topic is vague, and therefore agencies who have content experts write clarifying information in rule. For instance, when the graduation pathway options were created in E2SHB 1599, SBE was given authority to further define the pathways in rule, to assist districts in implementing the new policy. Statute supersedes Washington Administrative Code. The Legislature makes statute and state agencies make Washington Administrative Code.
  3. Why is the process so complicated? 
    There are certain timelines and requirements for the public process during rulemaking. The process can move no faster than allowed unless there are certain compelling situations that warrant emergency rulemaking to put a rule into effect immediately. 
  4. What do all of these terms like CR-101, WAC, and chapter or section of WAC mean?
    Code Reviser (CR) forms like CR-102, CR-102, and other CR-XXXX are submitted by state agencies to change the Washington Administrative Code (WAC). The Code Reviser is an office within the Legislature that processes rulemaking submissions from state agencies to formally establish it as law in the Washington State Register (WSR), a publication of changes to Washington state law. A chapter of WAC is the particular chapter within an agency title and a particular section of WAC is within a chapter. An example for  rule for SBE would be 180-51-210. The 180 is the SBE title that all rules are under, the 51 is the chapter on graduation requirements, and 210 is the section on credit requirements for the Class of 2024 and beyond.
  5. What's the most up-to-date resource for seeing State Board of Education (SBE) rulemaking publications?
    This page is maintained by staff at SBE. Please visit the Legislature's website for a full listing of SBE rulemaking submissions. 
  6. What is the Washington State Register (WSR)?
    WSR publications are how the Legislature maintains an open and public process when agencies go through the procedural steps of changing the WAC. The Code Reviser forms (i.e. CR-101, etc) are published in the WSR. The number sequences in the WSR publication allow people to find the rule filings on www.leg.wa.gov and ensures that the public has access to state rulemaking information. We hyperlink those WSR publications for your ease-of-access.
  7. Where can I learn more about these rulemaking processes and the Legislature?
    The site www.leg.wa.gov has many useful resources including this page about the Washington State Register.

Feedback

Your input is valuable to the board as they consider these rules. Please submit written comment on rules to the addresses below within the official timeline for receiving comment. Please provide verbal comment at the scheduled public hearing time. Details on the official timelines and public hearing locations can be found in the CR-102 documents linked above.

Email: rulescoordinatorSBE@k12.wa.us

Mail: 600 Washington Street SE, P.O. Box 47206, Olympia, WA 98504

If you have specific questions about the information on this page, please contact the SBE Rules Coordinator:

Parker Teed, 360.725.6047