1998, 07-10 Code Section LtrKid City Day Care &
Pre School Center
Mr. Bobby Stone
Spokane County
Building & Planning Dept.
1026 W. Broadway Avenue
Spokane, Wa 99260
Kid City Day Care & Preschool Center
5920 E. 9th Avenge
Spokane WA 992212-0219
Phone (509) 535-7817
July 10, 1998
Dear Bobby:
am in receipt of your letter dated June 22, 1998, wherein you advise us of your findings from the field
inspection report of June 19, 1998. Thank you very much for the information.
As mentioned during our previous meetings, as well as during the inspection of 6/22, we aim to fulfill
all the necessary requirements that will bring us into compliance so that we may continue our business
at this location. Because you make several references to U. B. C. and WAC regulations/statutes in
your letter, we would kindly appreciate it if you would send them to us. I will outline them below
according to your letter, by item, to make sure I covered all of them. A copy of them from your office
will ensure our awareness of what was required, and will also ensure compliance by our contractor.
1. Classification as an E-2
U.B.C. Section 305.1
2. WAC 51-30 Chapter 11, Section 1107
4. U.B.C. Section 310.4
5. U.B.C. Section 1004
7. U.B.C. Section 2406
8. WAC 51-30 Section 1106.8
10. 1994 U.B.C. Section 509 and 1006
11. WAC 51-30 Section 1106
Your attention to this matter is greatly appreciated.
Sincerely,
Mitchell J. & Lucenette Hicks
Owners
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180-90-130
180-90-133
180-90-135
180-90-137
180-90-139
180-90-141
180-90-145
180-90-150
180-90-160
180-90-010
180-90-015
180-90-020
180-90-030
180-90-040
(180-90-050
180-90-060
180-90-140
Chapter 180-90 WAC
PRIVATE SCHOOLS
WAC
180-90-105 Authority.
180-90-110 Purpose.
180-90-112 Definition —Approved private school.
180-90-115 Definition —Private school.
180-90-119 Definition —Reasonable health and fire safety require-
ments.
180-90-120 Definitions —Deviations.
180-90-123 Definition —Total program hour offering.
180-90-125 Definitions —Exceptional case, unusual competence,
and general supervision.
Approval —Annual certification.
SP1 report to SBE—No adverse findings.
SPI adverse findings —Report to private school.
SPI report to SBE—Adverse findings.
Approval action by SBE.
Loss of approval of a nonoperating private school.
Approval —Annual certification and initial applica-
tion —Exception.
Appeals.
Minimum standards and certificate form.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
Approval of private and/or parochial schools —Authority
for rules —Scope. [Order 3-72, § 180-90-010, filed
6/27/72.] Repealed by Order 1-75, filed 2/4/75.
Approval of private and/or parochial schools —Intent.
[Order 3-72, § 180-90-015, filed 6/27/72.] Repealed by
Order 1-75, filed 2/4/75.
Approval of private and/or parochial schools —Definitions.
[Order 3-72, § 180-90-020, filed 6/27/72.] Repealed by
Order 1-75, filed 2/4/75.
Approval of private and/or parochial schools —Standards
for purposes of approval. [Order 3-72, § 180-90-030, filed
6/27/72.] Repealed by Order 1-75, filed 2/4/75.
Approval of private and/or parochial schools —Annual
certification. [Order 3-72, § 180-90-040, filed 6/27/72.]
Repealed by Order 1-75, filed 2/4/75.
Approval of private and/or parochial schools —
Discrimination —Race. [Order 3-72, § 180-90-050, filed
6/27/72.] Repealed by Order 1-75, filed 2/4/75.
Approval of private and/or parochial schools —Application
and approval procedure —Administration. [Order 3-72, §
180-90-060, filed 6/27/72.] Repealed by Order 1-75, filed
2/4/75.
Initial application for approval. [Statutory Authority:
RCW 28A.04.120(4). 82-04-004 (Order 3-82), § 180-90-
140, filed 1/21/82; Order 2-77, § 180-90-140, filed
3/24/77; Order 1-76, § 180-90-140, filed 2/3/76; Order 1-
75, § 180-90-140, filed 2/4/75.] Repealed by 85-24-056
(Order 23-85), filed 12/2/85. Statutory Authority: RCW
28A.02.240.
WAC 180-90-105 Authority. The authority for this
chapter is RCW 28A.195.040 which authorizes the state
board of education to promulgate rules and regulations for
the approval of private schools for the purpose of imple-
menting RCW 28A.225.010.
[Statutory Authority: 1990 c 33. 90-17-009, § 180-90-105, filed 8/6/90,
effective 9/6/90. Statutory Authority: RCW 28A.02.240. 85-24-056 (Order
23-85), § 180-90-105, filed 12/2/85.]
(722/96)
WAC 180-90-110 Purpose. The purpose of this
chapter is to establish the procedures and conditions govern-
ing the approval of private schools by the state board of
education.
[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-
90-110, filed 12/2/85; Order 2-77, § 180-90-110, filed 3/24/77; Order 1-75,
§ 180-90-110, filed 2/4/75.]
WAC 180-90-112 Definition —Approved private
school. As used in this chapter the term "approved private
school" shall mean a private school which has been approved
by the state board of education in accordance with the
minimum standards for approval as prescribed in this
chapter.
[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-
90-112, filed 12/2/85.]
WAC 180-90-115 Definition —Private school. As
used in this chapter, the term "private school" shall mean a
nonpublic school or nonpublic school district conducting a
program consisting of kindergarten and at least grade one, or
a program consisting of any or all of czrades one through
twelve.
[Statutory Authority: RCW 28A.305.130(6), 28A.195.040 and 1996 c 83.
96-15-099, § 180-90-115, filed 7/22/96, effective 8/22/96. Statutory
Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-90-115,
filed 12/2/85.]
WAC 180-90-119 Definition —Reasonable health
and fire safety requirements. As used in this chapter, the
term (1) "reasonable health requirements" shall mean those
standards contained in chapter 248-64 WAC as adopted by
the state board of health.
(2) "Reasonable fire safety requirements" shall mean
those standards adopted by the state fire marshal pursuant to
chapter 48.48 RCW.
[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-
90-119, filed 12/2/85.]
WAC 180-90-120 Definitions —Deviations. As used
in this chapter the term:
(1) "Minor deviation" shall mean a variance from the
standards established by these regulations which represents
little or no threat to the health or safety of students and
school personnel, and which does not raise a question as to
the ability of the school to provide an educational program
which is in substantial compliance with the minimum
standards set forth in WAC 180-90-160, and which, there-
fore, does not preclude the granting of full approval.
(2) "Major deviation" shall mean a variance from the
standards established by these regulations which represents
little or no threat to the health or safety of students and
school personnel but raises a question as to the ability of the
[Ch. 180-90 WAC—p. 1]
180-90-120 Private Schools
school to provide an educational program which substantially
complies with the minimum standards set forth in WAC 180-
90-160, but is not so serious as to constitute an unacceptable
deviation.
(3) "Unacceptable deviation" shall Mean a variance from
the standards established by these regulations which either:
(a) Constitutes a serious, imminent threat to the health
or safety of students or school personnel; or
(b) Demonstrates that the school is not capable of
providing an educational program which substantially
complies with the minimum standards set forth in WAC 180-
90-160.
[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-
90-120, filed 12/2/85. Statutory Authority: RCW 28A.02.201 et seq. and
28A.04.120(4). 78-06-064 (Order 9-78), § 180-90-120, filed 5/25/78; Order
2-77, § 180-90-120, filed 3/24/77; Order 1-75, § 180-90-120. filed 2/4/75.1
WAC 180-90-123 Definition —Total program hour
offering. As used in this chapter, the term "total program
hour offering" shall mean those hours when students are
provided the opportunity to engage in educational activity
planned by and under the direction of school staff, as
directed by the administration and board of directors,
inclusive of intermissions for class changes, recess and
teacher/parent-guardian conferences which are planned and
scheduled by the district for the purpose of discussing
students' educational needs for progress, and exclusive of
time actually spent for meals.
[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-
90-123, filed 12/2/85.]
WAC 180-90-125 Definitions —Exceptional case,
unusual competence, and general supervision. As used in
this chapter the term:
(1) "Exceptional case" means that a circumstance exists
within a private school in which:
(a) A certified teacher is not available for employment
for the school year or remainder thereof and documents
related to unsuccessful efforts to recruit a certified teacher
are on file in the school records and will be forwarded to the
superintendent of public instruction upon request; and
(b) The educational program offered by the private
school either will be significantly impaired without the
employment of the noncertified employee or will be signifi-
cantly improved with the employment of the noncertified
employee; and
(c) The school which employs a noncertified employee
or employees pursuant to this subsection employs at least
one person certified pursuant to rules of the state board of
education to every twenty-five FTE students enrolled in
grades kindergarten through twelve.
(2) "Unusual competence":
(a) As applied to an exceptional case wherein the
educational program as specified in RCW 28A.195.010(7)
and WAC 180-90-160(7) will be significantly impaired
without the employment of a noncertified employee, means
that the noncertified employee possesses a minimum of
forty-five quarter credits beyond the baccalaureate degree
with a minimum of forty-five quarter credits in courses in
the subject matter to be taught or in courses closely related
to the subject matter to be taught; or
(b) As applied to an exceptional case wherein the
educational program will be significantly improved with the
employment of a noncertified employee, means that the
noncertified employee possesses a minimum of three
calendar years of experience in a specialized field. For
purposes of this subsection, the term "specialized field"
means a specialized area of the curriculum where skill or
talent is applied and where entry into an occupation in such
field generally does not require a baccalaureate degree,
including, but not limited to the fields of art, drama, dance,
music, physical education, and vocational or occupational
education.
(3) "General supervision" means that:
(a) A certified teacher or administrator shall be general-
ly available at the school site to observe and advise the
noncertified employee; and
(b) The noncertified employee shall be evaluated
pursuant to policies of the private school.
(4) Provided, That the noncertified employee of the
private school, employed pursuant to this section, and as
verified by the private school:
(a) Meets the age, good moral character, and personal
fitness requirements of WAC 180-75-085 (1) and (2); and
(b) Has not had his or her teacher's certificate revoked
by any state or foreign country; and
(c) Is not eligible for an initial or continuing teacher's
certificate in the state of Washington.
[Statutory Authority: RCW 28A.305.130(6), 28A.I95.040 and 1996 c 83.
96-15-099, § 180-90-125, filed 7/22/96, effective 8/22/96. Statutory
Authority: 1990 c 33. 90-17-009, § 180-90-125. filed 8/6/90, effective
9/6/90. Statutory Authority: RCW 28A.02.204 [28A.02240). 87-09-039
(Order 7-87), § 180-90-125, filed 4/14/87.]
WAC 180-90-130 Approval —Annual certification.
At least ninety days prior to the commencement of the
annual school term or period, the chief administrator of each
private school shall file with the superintendent of public
instruction, in accordance with procedures established by the
superintendent of public instruction, a certificate of compli-
ance in the form and substance set forth in WAC 180-90-
160.
The superintendent of public instruction shall review
each certificate. The review shall be completed within thirty
days after receipt of a completed application.
[Statutory Authority: RCW 28A.02240. 85-24-056 (Order 23-85), § 180-
90-130, filed 12/2/85. Statutory Authority: RCW 28A.04.120(4). 82-04-
004 (Order 3-82), § 180-90-130, filed 1/21/82; Order 2-77, § 180-90-130,
filed 3/24/77; Order 1-75, § 180-90-130, filed 2/4/75.)
WAC 180-90-133 SPI report to SBE—No adverse
findings. If the superintendent of public instruction finds no
minor, major, or unacceptable deviations, the superintendent
of public instruction shall so notify the private school and
shall recommend full approval of the private school to the
state board of education.
[Statutory Authority: RCW 28A.02240. 85-24-056 (Order 23-85), § 180-
90-133, filed 12/2/85.]
WAC 180-90-135 SPI adverse findings —Report to
private school. If the superintendent of public instruction
finds deviation, the private school shall be notified in writing
of any minor, major, or unacceptable deviations.
[Ch. 180-90 WAC—p. 2]
(722/96)
Private Schools 180-90-135
[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-
90-135, filed 12/2/85.]
WAC 180-90-137 SPI report to SBE—Adverse
findings. If the superintendent of public instruction finds
minor, major, or unacceptable deviations, the superintendent
of public instruction shall not transmit the recommendation
regarding approval status to the state board of education until
the private school submits a narrative report indicating
agreement or not with the findings of the superintendent of
public instruction and any proposed remedial action to
address the reported deviations. Upon receipt of the narra-
tive report, the superintendent of public instruction shall
transmit the recommendation and the narrative report to the
state board of education.
[Statutory Authority: RCW 28A.02240. 85-24-056 (Order 23-85), § 180-
90-137, filed 12/2/85.]
WAC 180-90-139 Approval action by SBE. The
state board of education shall take one of the following
actions:
(I) If no deviations are found, the state board of
education shall grant full approval.
(2) If minor deviations are found and the private school
acknowledges the existence of such deviations and indicates
an intent to correct such deviations in its narrative response,
the state board of education shall grant full approval.
(3) If major deviations are found and the private school
in its narrative report assures compliance by the commence-
ment of the annual school term, the state board of education
shall grant full approval.
(4) If major deviations are found and the private school
in its narrative report, supplemented by direct testimony to
the state board of education, demonstrates it is not practical
to correct such major deviations prior to the commencement
of the annual school term but establishes to the satisfaction
of the state board of education its commitment to correct
such deviation as soon as is practical, the state board of
education shall grant such private school provisional approv-
al for the period of time the state board of education
determines is necessary to correct the major deviation but no
'longer than one year.
(5) If unacceptable deviations are found or if the private
school fails to comply with corrective conditions within
subsection (2), (3), or (4) of this section for minor or major
deviations, state board of education approval shall be denied.
[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-
90-139, filed 12/2/85.]
WAC 180-90-141 Loss of approval of a nonoperat-
ing private school. An approved private school which does
not have students enrolled for any six consecutive calendar
months and which fails to provide evidence of student
enrollment upon request of the superintendent of public
instruction for the said period of time shall lose its approval
status for the remainder of the school year.
[Statutory Authority: RCW 28A.02.204 [28A.02240]. 87-09-039-(Order
7-87), § 180-90-141, filed 4/14/87.]
WAC 180-90-145 Approval —Annual certification
and initial application —Exception. Any private school
which is unable to file its application at least 90 days prior
to the commencement of the annual school term or period
may in any event request that the superintendent of public
instruction to review the application and that the superinten-
dent's findings and recommendations be submitted to the
state board of education. This request shall be granted if the
superintendent finds that the private school was not suffi-
ciently developed prior to the 90 day time period to enable
it to comply with that requirement. The superintendent of.
public instruction shall have the discretion to grant the
request in other exceptional circumstances. If said request
is granted, the review shall be completed within thirty days
and the findings and recommendations presented to the state
board of education.
[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85). § 180-
90-145, filed 12/2/85; Order 2-77, § 180-90-145, filed 3/24/77.]
WAC 180-90-150 Appeals. Pursuant to RCW
28A.195.030 any private school may appeal the actions of
the superintendent of public instruction or state board of
education as provided in chapter 34.05 RCW and chapter
180:08 WAC.
[Statutory Authority: 1990 c 33. 90-17-009, § 180-90-150, filed 8/6/90,
effective 9/6/90. Statutory Authority: RCW 28A.02.240. 85-24-056 (Order
23-85), § 180-90-150. filed 12/2/85; Order 2-77, § 180-90-150, filed
3/24/77; Order 1-75, § 180-90-150, filed 2/4/75.]
WAC 180-90-160 Minimum standards and certifi-
cate form. The annual certificate required by WAC 180-90-
130 shall be in substantial compliance with the form and
substance of the following:
CERTIFICATE OF COMPLIANCE
WITH STATE STANDARDS
ESD/County/Public
School District
Private School/
District Address
I , do hereby certify that I am the principal or
chief administrator of the above named school; that said
school is located at the address listed above, and conducts
grades through .... with a projected enrollment of
; and that said school is scheduled to meet through-
out the school year, the following standards with the
exception only of such deviations, if any, as are set forth in
an attachment to this certificate of compliance
or
I , do hereby certify that I am the superinten-
dent of the above named private school district; and that the
private schools under my jurisdiction are scheduled to meet
throughout the school year, the following standards with the
exception only of such deviations as are set forth in an
attachment to this certificate of compliance; and that a list of
such schools, including the grades conducted and the
projected enrollment for each school, accompanies this
certificate:
(1) The minimum school year for instructional purposes
consists of no less than 180 school days or the equivalent in
annual minimum program hour offerings as prescribed in
RCW 28A.150.220.
(722/96)
[Ch. 180-90 WAC—p. 3]
180-90-160 Private Schools
(2) On each school day, pupils enrolled in the school are
provided the opportunity to be engaged in educational
activity planned by and under the direction of the staff, as
directed by the administration and/or governing board; and
that pupils are provided a total program hour offering as
prescribed in RCW 28A.150.220 except that the percentages
for basic skills, work skills, and optional subjects and
activities prescribed in RCW 28A.150.220 do not apply to
private schools and that the total program hour offering,
except as otherwise specifically provided in RCW
28A.150.220, made available is at least:
(a) 450 hours for students in kindergarten.
(b) 2700 hours for students in grades one through three.
(c) 2970 hours for students in grades four through six.
(d) 1980 hours for students in grades seven and eight.
(e) 4320 hours for students in grades nine through
twelve.
(3) All classroom teachers hold appropriate Washington
State certification except for:
(a) Teachers for religious courses or courses for which
no counterpart exists in the public schools: Provided, That
a religious course is a course of study separate from the
courses of study defined in RCW 28A.195.010 including
occupational education, science, mathematics, language,
social studies, history, health, reading, writing, spelling, and
the development of the appreciation of art and music all in.
sufficient units for meeting state board of education gradua-
tion requirements; and/or
(b) A person of unusual competence who is not certified
but who will teach students in an exceptional case under the
general supervision of a certified teacher or administrator
pursuant to WAC 180-90-125. The noncertified employee,
the certified person who will supervise, and the exceptional
circumstances are listed on the addendum to this certificate:
Provided, That if a noncertified person is employed subse-
quent to the filing of this certificate, this same information
shall be forwarded to the superintendent of public instruction
within thirty days from the date of employment.
(4) If the school operates an extension program for
parents, guardians, or persons having legal custody of a child
-to teach children in their custody, the extension program
meets the following requirements:
(a) The parent, guardian, or custodian is supervised by
a person certified under chapter 28A.410 RCW and who is
employed by the school;
(b) The planning by the certified person and the parent,
guardian, or person having legal custody includes objectives
consistent with this subsection and subsections (1), (2), (5),
(6), and (7) of this section;
(c) The certified person spends a minimum average each
month of one contact hour per week with each student under
his or her supervision who is enrolled in the extension
program;
(d) Each student's progress is evaluated by the certified
person: and
(e) The certified person does not supervise more than
thirty students enrolled in the approved private school's
extension program.
(5) Measures have been taken to safeguard all perma-
nent records against loss or damage through either the
storage of such records in fire-resistant containers or facili-
ties, or the retention of duplicates in a separate and distinct
area;
(6) The physical facilities of the school are adequate to
meet the program offered, and all school facilities and
practices are in substantial compliance with reasonable health
and fire safety standards, as substantiated by current inspec-
tion reports of appropriate health and fire safety officials
which are on file in the chief administrator's office;
(7) The school's curriculum includes instruction in the
basic skills of occupational education science, mathematics,
language, social studies, history, health, reading, writing,
spelling, and the development of appreciation of art and
music in sufficient units for meeting state board of education
graduation requirements, as set forth in chapter 180-51
WAC;
(8) The school or its organized district maintains up-to-
date policy statements related to the administration and
operation of the school or district;
(9) The school does not engage in a policy of racial
segregation or discrimination;
(10) The governing authority of this private school or
private school district has been apprised of the requirements
of chapter 180-90 WAC relating to the minimum require-
ments for approval of private schools and such governing
authority has further been apprised of all deviations from the
rules and regulations of the state board of education and the
standards contained in chapter 180-90 WAC. I have
reported all such deviations herewith.
(11) Approval by the state board of education is
contingent upon on -going compliance with the standards
certified herein. The superintendent of public instruction
shall be notified of any deviation from these standards which
occurs after the action taken by the state board of education.
Such notification shall be filed within thirty days of occur-
rence of the deviation.
(12) Failure to comply with the requirements of this
chapter may result in the revocation of the approval of the
private school and shall be considered in subsequent applica-
tion for approval as a private school.
Dated this .... day of , 19..
(signed)
(title)
(phone number)
[Statutory Authority: RCW 28A.305.130(6), 28A.195.040 and 1996 c 83.
96-15-099, § 180-90-160, filed 7/22/96. effective 8/22/96. Statutory
Authority: 1990 c 33. 90-17-009, § 180-90-160, filed 8/6/90, effective
9/6/90. Statutory Authority: RCW 28A.02.240. 89-01-038 (Order 23-88),
§ 180-90-160, filed 12/14/88; 87-09-039 (Order 7-87), § 180-90-160, filed
4/14/87. Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85),
§ 180-90-160, filed 12/2/85. Statutory Authority: RCW 28A.04.120(4).
82-04-004 (Order 3-82), § 180-90-160, filed 1/21/82. Statutory Authority:
RCW 28A.02.201 et seq. and 28A.04.120(4). 78-06-064.(Order 9-78), §
180-90-160, filed 5/25/78; Order 2-77, § 180-90-160, filed 3/24/77; Order
1-76, § 180-90-160, filed 2/3/76; Order 1-75, § 180-90-160, filed 2/4/75.]
[Ch. 180-90 WAC—p. 4]
(722/96)