School Environmental Health and Safety Rule

Summary

During the 2024 session, the Legislature included a new budget proviso. The new proviso directs the State Board of Health (Board) to propose a new school environmental health and safety rule. The Board initiated this process in May 2024 and will complete the drafting of the new proposed rule, an environmental justice assessment, a fiscal analysis, and implementation recommendations by June 30, 2025. The project will be completed in collaboration with other state agencies and interested parties. The goal is to create a proposed rule establishing minimum environmental health and safety standards for schools.

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Additional Background

2024-2025 School Rules Project

During the 2024 legislative session, the Legislature included in the 2024 supplemental operating budget a proviso (Section 222, subsection 159 (page 492) that directed the Board to review and develop a new rule to set minimum health and safety standards for K-12 schools. The proviso also required the Board to complete a fiscal analysis of any proposed rules, work with the Department of Health (Department) to complete an environmental justice assessment, and submit a final report to the Governor and Legislature by June 30, 2025.

The proviso required the Board to research and update the rule in collaboration with the Department and a multi-disciplinary technical advisory committee. At a minimum, the committee had to have representation from:

Office of Superintendent of Public Instruction (OSPI) Small and Large School Districts Washington Association of School Administrators

Additionally, the proviso required the Board to consider the size of school districts, regional cost differences, the age of schools, feasibility of implementing the proposed rule by section or subject area, and other variables that may affect rule implementation when drafting the proposed rule.

On June 30, 2025, the final report was delivered to the Office of the Governor and appropriate committees. The report prioritized sections or subject areas of the proposed rule with the greatest health and safety benefits and suggested the order in which they should be implemented. The report will also include a section on common discussions and concerns that arose during the committee meetings and open public listening sessions. Further, the Department published the environmental justice assessment in June 25, 2025.

  • Washington State School Directors Association
  • Washington Association of Maintenance and Operations Administrators
  • Washington Association of School Business Officials
Chapters 246-366 WAC and 246-366A WAC

Chapter 246-366 of the Washington Administrative Code (WAC) sets the current standards for regulating K-12 school environmental health and safety for over 1.2 million students. In 2004, the Board began rulemaking to update these rules and in 2009 adopted chapter 246-366A WAC Environmental Health and Safety Standards for Primary and Secondary Schools. For further information, go to Primary and Secondary School Environmental Health and Safety Rule Revision (Historic).

In 2010, the Legislature included a budget proviso prohibiting the implementation of any new or amended “school rule” unless fully funded by the Legislature. Each budget since 2010 has retained the proviso, and in response, the Board has continued to extend the effective date of Chapter 246-366A WAC. Because the Board never implemented Chapter 246-366A WAC, schools and local health jurisdictions remain subject to chapter 246-366 WAC.

During the 2024 legislative session, the Legislature directed the Board to review chapters 246-366 and 246-366A WAC and propose updates to the environmental health and safety standards for K-12 schools in Washington state. The intent of the new proposed rule is that it will supersede chapters 246-366 and 246-366A WAC. Board staff convened a technical advisory committee and drafted a proposed rule chapter 246-370 WAC. The committee met with the Board during the Board’s April 2025 Board meeting where the Board accepted the committee’s proposal and instructed Board staff to start the repeal of chapter 246-366A WAC. The Board held a public hearing at the June 2025 Board meeting and heard public testimony. The Board voted unanimously to approve the repeal of chapter 246-366A WAC. The CR-103 was filed June 18, 2025, and will be effective September 1, 2025.

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Table 1: Technical Advisory Committee Meetings
Date Topics
August 1, 2024
  • Board authority and rule scope
  • Purpose
  • Applicability
  • Severability, Variances, and Appeals
August 22, 2024
  • Purpose
  • Applicability
  • Definitions
  • Severability, Variances and Appeals
September 17, 2024
  • Definitions
  • Complaints
  • Variances
  • Severability
  • Appeals
October 4, 2024
  • Imminent Health Hazards
  • Site Assessments
  • Construction – New, Alterations and Portables
  • Showers And Restrooms
  • Routine Inspections
October 17, 2024
  • Water Quality
  • General Building Requirements
  • Injury Prevention
  • Playgrounds
  • Indoor Air Quality
October 31, 2024
  • Noise
  • Lighting
  • Temperature
  • Ventilation
  • Indoor Air Quality
  • Specialized Rooms
November 20, 2024
  • School Directors discussion
  • Construction updates
  • Indoor Air Quality updates
  • Routine Inspections updates
  • Noise updates
  • Ventilation updates
December 4, 2024
  • Workshop with Commerce and DOH
  • Routine Inspection
  • Specialized Rooms
  • Lighting
December 16, 2024
  • Definitions
  • Specialized Rooms
  • Language Review
  • Informal Comment Period
January 15, 2025
  • Fiscal Assumptions
  • Ventilation
January 16, 2025
  • Fiscal Assumptions
  • Ventilation revisions
February 6, 2025
  • Prioritization Refinement
  • Implementation Timing Goal
February 26, 2025
  • Ventilation refinement
  • Review of Public Comments
March 5, 2025
  • Revisit language
  • Review of Public Comments
March 19, 2025
  • Review language
  • Fiscal Analysis
  • Implementation Discussion
April 9, 2025
  • Joint meeting with the Board
  • Recommendations
  • Updates
May 15, 2025
  • Review Draft Report
  • Discuss FAQ
  • Review Playground Cards
Note: Per State retention requirements, committee meetings are only retained for two years.
Table 2: Filed Documents
Name Date
Environmental Justice Assessment June 26, 2025
Final Report June 30, 2025
Table 3: Repeal 246-366A 
Date Item Description
June 20, 2024 CR-101 WSR 24-13-117 Code Reviser 101 Proposal statement of Inquiry to repeal chapter 246-366A WAC, amend WAC 246-366-005, and repeal WAC 246-366-160
April 21, 2025 CR-102 WSR 25-09-121 Code Reviser 102 Proposed Rule Making to repeal chapter 246-366A WAC, amend WAC 246-366-005, and repeal WAC 246-366-160
June 18, 2025 CR-103 WSR 25-13-109 Code Reviser 103 Rulemaking Order to repeal chapter 246-366A WAC, amend WAC 246-366-005, and repeal WAC 246-366-160
June 23, 2025 Concise Explanatory Statement - Repeal chapter 246-366A WAC Summary of comments received, and action taken by the Board to repeal chapter 246-366A WAC, amend WAC 246-366-005, and repeal WAC 246-366-160
Table 4: Related Documents chapter 246-366A Rule Filings to Extend the Rule
Date Item Description
May 21, 2010 CR-103 WSR 10-12-018 Board voted March 10, 2010, to delay the effective date of the rules to July 1, 2011
May 3, 2011 CR-103 WSR 11-10-080 Board voted April 13, 2011, to delay the effective date to July 1, 2013
April 11, 2013 CR-103 WSR 13-09-040 Board voted March 13, 2013, to delay the effective date to July 1, 2015.
April 15, 2015 CR-103 WSR 15-09-070 Board voted March 11, 2015, to delay the effective date to July 1, 2017
June 28, 2017 CR-103 WSR 17-14-055 Board voted June 14, 2017, to delay the effective date to August 1, 2019
July 2, 2019 CR-103 WSR 19-14-107 Board voted June 12, 2019, to delay the effective date to August 1, 2021
July 1, 2021 CR-103 WSR 21-14-056 Board voted June 9, 2021, to delay the effective date to August 1, 2022
June 24, 2022 CR-103 WSR 22-14-021 Board voted June 8, 2022, to delay the effective date to August 1, 2023
July 19, 2023 CR-103 WSR 23-16-005 Board voted June 14, 2023, to delay the effective date to August 1, 2024
June 28, 2024 CR-103 WSR 24-14-089 Board voted June 12, 2024, to delay the effective date to September 1, 2025
Table 5: Related Documents to chapter 246-366A WAC History
Date Item Description
June 2009 Summary of Cost/Benefit Analysis Summary of cost-benefit analysis performed for the 2009 rulemaking of chapter 246-366A WAC
June 2009 Cost vs. Benefit Estimates Based on 2009 Preliminary Significant Analysis A line-by-line summary of the cost to implement chapter 246-366A versus the benefit received by implementing the rule
June 2009 chapter 246-366A WAC Significant Analysis Cost analysis of each section of chapter 246-366A WAC
May 17, 2021 Meeting Summary Notes Environmental Health Committee Special Meeting
June 9, 2021 School Environmental Health and Safety Rules Meeting Memo Board of Health Meeting
June 9, 2021 Presentation Board of Health Meeting
July 19, 2021 Meeting Summary Notes Environmental Health Committee Special Meeting
May 16, 2022 Meeting Summary Notes Environmental Health Committee Special Meeting
June 8, 2022 Cover Memo Board of Health Meeting
June 8, 2022 Presentation Board of Health Meeting
June 14, 2023 Cover Memo Board of Health Meeting
June 14, 2023 Presentation Board of Health Meeting
Table 6: Correspondence to the Board regarding chapter 246-366A WAC
Date Item
February 12, 2008 Representative Shay Schual-Berke
February 18, 2008 House Capital Budget Committee
March 24, 2008 Senate Early Learning and K-12 Education Committee
October 17, 2008 Senate Early Learning and K-12 Committee and House Appropriations Subcommittee on Education
March 26, 2009 Speaker Frank Chopp
Table 7: Correspondence from the Board regarding chapter 246-366A WAC
Date Item
July 14, 2008 Representatives Kathy Haigh, Pat Sullivan, Skip Priest, Glenn Anderson, Ross Hunter, and Fred Jarrett,
July 28, 2008 Senators Rosemary McAuliffe, Rodney Tom, Dale Brandland, and Curtis King,
September 2, 2008 Representative Christine Rolfes,
September 11, 2008 Senator Karen Keiser,
September 24, 2008 Senator Craig Pridemore,
October 7, 2008 Senator Eric Oeming,
October 9, 2008 Senator Ken Jacobsen,
May 27, 2009 Senators Rodney Tom, Rosemary McAuliff, and Fred Jarrett; Representatives Kelli Linville and Mark Erics,