Washington Administrative Code (WAC) & Federal IDEA 04

Second Notice of Proposed Rule Making CR-101

OSPI filed a second notice of proposed rule-making (CR-101) with the Office of the Code Reviser to amend sections Chapter 392-172A WAC. This notice was published in the Washington State Register on April 17, 2013 in the publication numbered, 13-08-074. A CR-101 identifies areas of the regulations that OSPI is considering for rulemaking. The areas for rulemaking include: amending section requirements in an IEP including aversive interventions and transition; revising sections that address educational services agencies who assume FAPE responsibilities on behalf of school districts; and, revisions to procedures for use of Part B funds that include monitoring, enforcement and information that is required to be reported to OSPI.

OSPI filed a second CR-101 because some of these sections were not proposed for rulemaking in the earlier notice. In addition, some sections of WAC 392-172A may require revisions due to potential legislative changes. OSPI plans to, if possible, combine all of the recommended changes into one set of proposed rules, so that public hearings can be held, and public comments can be received at the same time as the previous CR-101.

While OSPI may not choose to amend all of the sections identified above, districts are encouraged to provide input, proposed language, or written comments, for OSPI’s consideration when it develops the proposed rules. Information on how to provide input is contained in the CR-101.

Review the CR-101 (PDF)

(posted 04/11/13)

Notice of Proposed Rule Making CR-101

OSPI has filed a form called a CR-101 with the Office of the Code Reviser to amend or add sections to Chapter 392-172A WAC. This notice will be published in the Washington State Register on March 20, 2013 in the publication numbered, 13-06. A CR-101 identifies areas of the regulations that OSPI is considering for amendment or to add new sections. These areas include:

1. the creation of charter schools in Washington state;
2. revising requirements for obtaining consent for use of Medicaid benefits; due to a change in federal law;
3. clarifying procedural safeguards for students who are not currently eligible for special education services including when parents place in a private school because FAPE is at issue;
4. clarifying rules for non-public agency approval;
5. clarifying citizen complaint procedures;
6. clarifying due process hearing procedures;
7. clarifying language regarding initiating requests for evaluations; and,
8. housekeeping changes to correct typographical errors or rule changes that are technical in nature.

While we may not choose to amend all of the sections identified above, you are encouraged to provide input, proposed language, or written comments, for OSPI’s consideration when it develops the proposed rules. Information on how to provide input is contained in the CR-101.

Review the CR-101 (PDF)

(posted 03/05/13)

Notice of Annual State Application for Fiscal Year 2013

Office of Superintendent of Public Instruction (OSPI) amended its annual state application under Part B of the Individuals with Disabilities Education Act (IDEA) for Federal Fiscal Year 2013. This application is now available for public comment. Please submit your comments in writing to speced@k12.wa.us, fax to (360) 586-0247, or mail to the Special Education Office, OSPI, PO Box 47200, Olympia, WA 98504-7200 and refer to the Annual State Special Education Application.

This application is broken into the following sections. Section I contains the submission statement. Section II contains assurances related to policies and procedures required by Part B of the IDEA. Section III is a description of the use of funds under Part B of IDEA 2004. Section IV describes State Administration.

Review the application (PDF)

(posted 02/28/13)

WAC 392-140-600 Safety Net Rule Revision

Purpose: Amendment of the state regulations was necessary to implement state regulations consistent with the state special education safety net program modifications made in Section 507, chapter 564, Laws of 2009.

Effective date of rules is March 16, 2013, which is 31 days after the date of filing (February 13, 2013)

View the Rule-Making Order (CR-103) (PDF)
View the WAC (PDF)
View the concise explanatory statement (PDF)

(posted 02/19/13)