The Special Education Section posts notices of any rulemaking activities that are specific to possible rule changes to state special education rules.
We invite and encourage participation in the rule making process either through providing written comment or providing public comment, when public hearings are scheduled. Your written or public comments regarding proposed rules improve our efforts in developing final rules.
The purpose of this correspondence is to provide you with PDF copies of the CR-103, Concise Explanatory Statement, and final state adopted regulations which address SHB 1240. There are also four model state forms associated with the revision of the special education rules in WAC 392-172A regarding the use of isolation, restraint, and restraint devices.
The CR-103 confirms the agency’s action to adopt the final regulations 31 days after filing. The final rules were filed on December 29, 2015. The Concise Explanatory Statement includes OSPI’s response to the comments provided in relationship to the rule making process. Download a PDF copy of the final regulations.
In addition, four model state forms associated with the revision of the special education rules in WAC 392-172A regarding the use of isolation, restraint, and restraint devices. The forms include two amended IEP model state forms: one that does not include transition (6c), and one that does include transition (6d), and two new state model forms for the Emergency Response Protocol (6e) and the Behavioral Intervention Plan (7b).
OSPI also issued Memorandum 075-15 in December regarding the reporting requirements associated with the implementation of Substitute House Bill 1240. The memorandum is linked above.
We hope you find this information helpful. Once again, thank you for your input, patience and participation in this process.
Amendments to the state special education safety net regulations consistent
with state operating budget, 2015–16 ESSB 6052 (507)(7)(b) were adopted on
December 2, 2015. Amendments to clarify language throughout the rules were also
adopted. Amendments were made to:
- WAC 392-140-600 – Special education safety net—Applicable provisions;
- WAC 392-140-608 – Special education safety net—Safety net
- WAC 392-140-617 – Special education safety net—Standards—Community
- WAC 392-140-643 – Special education safety net—Definition—State
- WAC 392-140-646 – Special education safety net—State oversight committee
- WAC 392-140-656 – Special education safety net—Request for review and
reconsideration of an action.
Rule-Making Order (CR-103) (PDF) | View the
Amendments to the state special education regulations consistent with 2015 Office of Special Education Programs United States Department of Education regulations were adopted on August 28, 2015. Amendments were made to:
- WAC 392-172A-06015 – Maintenance of effort;
- WAC 392-172A-06025 – Adjustment to fiscal efforts in certain fiscal years; and
- WAC 392-172A-06030 – School wide programs under Title I of ESEA clarifying the standards of eligibility and maintenance of effort and subsequent years test.
View the Rule-Making Order (CR-103) (PDF) | View the WAC (PDF)