Rulemaking and Public Comment
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Rulemaking and Public Comment

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.

Washington Administrative Code (WAC) 392-140 - Proposed Rule Making to Special Education Safety Net Rules

The Office of Superintendent of Public Instruction (OSPI), Special Education Section, filed a notice of proposed rulemaking (CR-102) with the Office of the Code Reviser on October 20, 2015. The purpose of the proposal is to update regulatory language in response to a legislative change regarding the timing of safety net award determinations for the Washington State School for the Blind and the Center for Childhood Deafness and Hearing Loss. Additionally, the proposed rule would make minor changes to ensure consistent language throughout the rules. A public hearing will be held on the proposed rules on November 24, 2015.

View the Proposed Rule Making CR-102 and the proposed rules.

Washington Administrative Code (WAC) 392-172A – Proposed Rule Making to Address SHB 1240 and Other Proposed Rule Changes

The Office of Superintendent of Public Instruction (OSPI), Special Education Section, filed a notice of proposed rulemaking (CR-102) with the Office of the Code Reviser on July 1, 2015. A public hearing was held on the proposed rules on August 13, 2015. As a result of substantive comment on these proposed rules, the initially proposed rules were withdrawn and a new CR-102 was filed on October 2, 2015. The new proposed rules will be published in the Washington State Register on October 2, 2015. The newly proposed rules amend, add, and repeal sections under Chapter 392-172A WAC. OSPI is proposing these rules to address changes in Revised Code of Washington (RCW) 28A.155 consistent with Substitute House Bill 1240, Laws of 2015, “An Act Relating to Restraint and Isolation of Students, Including Students with Disabilities in Public Schools.” OSPI is also proposing to amend WAC 392-172A-05125 so that it is consistent with the federal Department of Education rules at 34 CFR 300.518, which address a student’s status during due process proceedings.

The purpose of the proposed rule changes is to amend the special education rules so that parents of students eligible for special education, local school districts, and other entities providing special education and related services understand the strict limitations associated with the use of isolation, restraint and restraint devices in the State of Washington. The changes include adding definitions relevant to the limited use of isolation, restraint, and restraint devices, repealing certain sections of the current aversive intervention rules, and addressing advanced educational planning in the case of emergency response situations. In addition to these proposed changes and the proposed change to WAC 392-172A-05125, OSPI is also making changes to correct typographical errors or make other changes that are technical in nature.

OSPI has scheduled a public hearing on the proposed rule changes for November 12, 2015 at 1 p.m. at: OSPI, Old Capital Building, in the Brouillet Conference Room #430, Olympia, Washington. More information about the proposed rule changes, the public hearing, and how to submit comments is contained in the CR-102. A copy of the CR-102 and the proposed rules can be found at Please note that written comments have the same weight as public comments.

If you have questions about the rulemaking process, please contact Abigail Westbrook at 360-725-6075 or by email at, the TTY is 360-586-0126. Otherwise, please provide comments consistent with the information provided in the CR-102.

Since there may be situations that currently impact the delivery of special education services in our state that are being addressed in this proposed rule change, the following resources from other states that have adopted similar rules are being made available to assist school districts and families in Washington.

Once the final rules are adopted, OSPI will revise the model state forms as appropriate, and create a Q & A document for our website. Please note that one of the major issues that resulted in this legislation was a strong perception of the over use of isolation and restraint as a behavior management technique.

Notice of Adoption of Rule Revisions Regarding Maintenance of Effort (MOE)

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)



Old Capitol Building, PO Box 47200, 600 Washington St. S.E., Olympia, WA  98504-7200  360-725-6000  TTY 360-664-3631
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