A district shall release a student if there is a special hardship or detrimental condition. The following shall be considered in applying this section:

1. (1) The term "special" means a circumstance or factor which is generally not applicable to other students or families.
2. (2) The terms "hardship" and "detrimental condition" apply to any circumstance or factor harmfully affecting the student or student's immediate family and is not restricted to a financial, educational, safety, or health condition.

3. (3) The following are judged by the superintendent of public instruction to constitute a special hardship or detrimental condition, the proof of which is a per se hardship or condition for the order of a release:

   1. (a) A student who was enrolled the previous school year in a nonresident district who is scheduled to complete in the same nonresident district during the next school year the highest grade offered in the resident district.
   2. (b) A student who has completed two or more school years in a nonresident district without a release but with the knowledge of such nonresident attendance by the superintendent or any member of the board of directors of the resident district.

[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). WSR 90-19-068 (Order 26), § 392-137-145, filed 9/17/90, effective 10/18/90.]