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Home » Policy & Funding » OSPI Rulemaking Activity

OSPI Rulemaking Activity

CR 101 Preproposal Statement of Inquiry

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-121-249 thru -299 School Finance-Certificated Staff: OSPI is considering rule revisions regarding data collection requirements on the S-275 school personnel report after the 2018 Washington Legislature made significant changes to how school districts are funded and how educators are compensated. The Washington Legislature no longer provides funding to school districts for teacher salary and benefits tied to their education level (degree and credits) and certificated years of experience. Rule revisions are needed to implement those changes while continuing to collect S-275 education and experience data as needed. 04/21/2021 21-09-086 Ross Bunda
392-410-350 Seal of Biliteracy: OSPI is considering rule making concerning the Seal of Biliteracy to expand options for demonstrating English language proficiency to be consistent with Section 201(4)(b)(i)-(v) of HB 1599 (2019). Further, OSPI is considering updating and clarifying the rule to ensure Tribal languages, American Sign Language, and languages that may only be communicated orally (not through writing or reading) can be included in the criteria for awarding the Seal of Biliteracy. 11/17/2020 20-23-084 Veronica Trapani
392-415 Partial credit for Highly Mobile Students: Add new section to chapter 392-415 WAC (Secondary Education – Standardized High School Transcript) concerning on-time grade level progression and graduation of students who are homeless, dependent, or at-risk youth or children in need of services - commonly known as partial credit for highly mobile students. 02/17/2021 21-05-073 Matt Smith
392-700 OSPI is considering rule making concerning high school reengagement programs which requires a minimum two hours a month of “face to face” program staff interaction with each student. A rule amendment is necessary to provide clarification regarding acceptable “face to face” engagements when a reengagement program is being administered in remote learning environments made necessary by the global COVID-19 pandemic. Since in-person interaction is not feasible for all students participating in remote learning, the proposed amendment is needed to ensure students will be able to access services through different means of contact in the 2020-21 school year. An emergency rule has also been filed (see CR103E section below, WSR 20-20-137). 09/16/2020 20-19-089 Katherine Mahoney
  • To view proposed text visit the Washington State Register website. You will need the WSR# indicated in the CR 102 table below.

CR 102 Proposed Rulemaking – Public Hearing Scheduled

WAC Chaptersort descending Description Hearing Date WA Register Agency Contact
392-172A, 392-173, 392-140-60105 through -685 Special Education: SUPPLEMENTAL HEARING and COMMENT PERIOD for proposed rule making changes to chapters 392-172A and 392-173 WAC, and WAC 392-140-60105 through -685, for the purpose of addressing changes to federal law and requirements, clarifying existing requirements under current state law that impact the free appropriate public education (FAPE) of students eligible for special education services, and adding requirements from ESHB 1130 (2020). In addition, the proposal makes housekeeping changes to correct typographical errors and reorganize WACs in this chapter for ease of reference, and other rule changes that are technical in nature. For information about changes made since the hearings held in January 2021, please click on the link to the right, WAC Chapter “392-172A, 392-173, 392-140-60105 thru -685” and the link to the left, WA Register “21-09-088.” For the hearing, please register in advance, with this link: https://us02web.zoom.us/webinar/register/WN_Lam4WlJfSPKZiSFBI0Ch5A 05/25/2021 21-09-088 Glenna Gallo
392-342 and -344 School Facilities – “D Forms Process:” OSPI is considering rule making to apply lean management principles, as required by Section 5015 of Chapter 413, Laws of 2019, to the process related to applying for state assistance for school plant facilities, also known as the “D-Forms” process. Applying lean management principles and other performance management strategies is intended to reduce undue administrative burdens on school districts participating in this school facilities process. Comments due by July 7, 2021. Hearing is July 7, 2021, via Zoom, register at: https://us02web.zoom.us/meeting/register/tZ0rdOihqT4oHt0p49LKWbZUAaeBhJp... 07/07/2021 21-12-093 Scott Black
392-380 OSPI is considering rule making to clarify the procedural and substantive due process requirements governing the exclusion of children from schools pursuant to RCW 28A.210.120 and RCW 28A.210.320. Rules by the Washington State Board of Health (August 2020) regarding school immunization requirements increase the possibility that students may be excluded from school due to non-compliance with these requirements. Register in advance for the hearing: https://us02web.zoom.us/webinar/register/WN_WdHzOucRTmST_a8z8P59og 05/11/2021 21-08-081 Annie Hetzel
392-401 Absence: proposed rules changes to 1) establish a definition of absence from synchronous and asynchronous instruction, 2) establish excused absences that pertain only during times of emergency school facility closures where districts are required to provide synchronous and asynchronous, and 3) establish the minimum criteria of a district's multi-tiered system of support for attendance. Register in advance for the hearing: https://us02web.zoom.us/webinar/register/WN_uS3TgUqPRJuYWckoQCT3_A 07/27/2021 21-13-127 Krissy Johnson
392-410-350 Physical Education: The proposed rule change amends 392-410-135(1) for the 2020-21 school year only. The amendment would continue to allow that, for the 2020-21 school year only, instructional minutes for physical education can be less than the regularly required 100 instructional minutes per week for students in grades 1 through 8. Physical education instruction must still be provided to students in grades 1-12, unless otherwise waived per RCW 28A.230.040. The COVID-19 pandemic has required many school districts to provide instruction remotely in school year 2020-21, either completely or partially, in order to ensure the safety of their students, staff, and communities. This rule amendment would continue to provide flexibility for school districts to offer physical education instructional time for all students in grades 1-8 during the 2020-21 school year. Written comments concerning this proposed rule change can be submitted by March 23, 2021 (please see 21-05-072 link). 03/23/2021 21-05-072 Ken Turner
392-550-040 • ALE – Truancy: OSPI is initiating permanent rulemaking to reflect emergency adjustments made to WAC 392-550-040 concerning the ALE truancy process. Emergency rules were implemented for the 2020-21 school year due to the ongoing COVID-19 pandemic, and the requirement of many school districts to shift their instructional models, either completely or partially, in order to ensure the safety of their students, staff, and communities. Comments due by June 24, 2021. Hearing is June 24, 2021, via Zoom, register at: https://us02web.zoom.us/meeting/register/tZYlc-igqjkvG9VTnSGL4pERNWvUuJK... 06/24/2021 21-11-110 Anissa Sharratt

CR 103P Adopted Rules (Permanent)

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-121-182 and 392-550 This rule making amends WAC 392-121-182 to remove non-fiscal alternative learning experience (ALE) provisions. It recodifies those provisions in a new standalone WAC chapter governing ALE (chapter 392-550 WAC), defines truancy expectations in ALE settings, and removes the current requirement to obtain a parent signature documenting the parent’s understanding of the difference between home-based instruction and ALE. 07/10/2020 20-15-062 Anissa Sharratt
392-122 and 392-140-916 thru -939 Finance-Categorical Apportionment: housekeeping changes updating chapter to align with state and federal statutes, simplify language for clarity and readability, and made other technical revisions. 01/27/2021 21-04-039 Evan Gaffey
392-132-075 The rule change addresses capital construction agreements entered into by host and nonhigh school districts. The new section added to the chapter provides nonhigh districts (districts with no high school) with basic protections and ensures the host districts are able to secure financing of capital construction projects. Previously, nonhigh school districts were vulnerable to dissolution if the district and host high school district cannot agree to terms of capital construction financing. 04/21/2021 21-09-089 Scott Black
392-340-336 392-340-336(2) has been amended to include position five for the regional committee tasked with decision-making regarding school district boundaries.. “Position five” was inadvertently excluded in the list of regional committee member positions. 06/25/2020 20-14-038 Scott Black
392-341, -343, -347 School Facilities – Study and Survey: Rule changes apply lean management principles to the school facilities study and survey process as required by Section 5015 of Chapter 413, Laws of 2019. Amending the rules by applying lean management principles is intended to ease the administrative process followed by school districts in conducting school facilities study and surveys. 06/22/2021 21-13-129 Scott Black
392-344-130 School Facilities – Small District Modernization: Rule change allows the Superintendent of Public Instruction flexibility to disburse state funding assistance for school district projects which are also receiving small district modernization grant funds to assist school districts in minimizing project financing costs and provide additional time for a school district to secure sufficient local funding to meet its local funding obligations. 06/22/2021 21-13-128 Scott Black
392-550-025 Alternative Learning Experience (ALE): In August 2020, ALE rules were re-codified as Chapter 392-550 WAC. In this process, the codified timeline for implementation of an intervention plan, previously codified at WAC 392-121-182(7)(a)(ii)(B), was unintentionally omitted. Prior to the August 2020 rule recodification, schools offering ALE had five school days to implement an intervention plan after a determination of unsatisfactory student progress. Due to a typographical error, that requirement was unintentionally omitted when the ALE rules were re-codified as Chapter 392-550 WAC. There was no intention of removing the requirement, and schools offering ALE courses are accustomed to the five-day timeline. This expedited rule corrects the typographical drafting error and maintains the established intervention plan requirement. 03/01/2021 21-06-082 Anissa Sharratt

CR 103E Emergency Adoption

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-121 Apportionment – student enrollment: This emergency rule amendment addresses how student enrollment will be reported as schools reopen for the 2020-21 school year through both the remote continuous learning and hybrid models. Due to the coronavirus pandemic, the immediate adoption of this emergency rulemaking order is necessary in order to provide a method for school districts to claim remote learning for state funding as students learn from home or attend class in-person on a rotating schedule. To that end, these rules change the September count day; provide extended time for student participation from September 2020 until September 30 as schools reopen and students receive access to instruction; amend alternative learning experience (ALE) requirements for the October 2020 count; and provide that the Running Start count day for December can be the last school day in November if the fall 2020 quarter does not have a December count day. 01/29/2021 21-04-065 Becky McLean
392-162 Learning Assistance Program (LAP): To align OSPI rules under chapter 392-162 WAC regarding the learning assistance program with the statutory provisions under chapter 28A.165 RCW as amended with passage of SHB 1208, and to provide regulatory guidelines to districts who choose to use learning assistance program funds to implement the K–2 literacy screening and intervention requirements under RCW 28A.320.260. 05/19/2021 21-11-113 Joshua Lynch
392-210 Honors Award Program – this emergency rule allows for the continuation of the Washington Honors Award program for the 2020-21 school year by adjusting the criteria and process. Due to the ongoing COVID-19 pandemic, high school students have had limited to no opportunities to satisfy the testing criteria currently outlined in the rule as the Scholastic Aptitude Test (SAT) and the American College Test (ACT). The emergency amendment allows for additional assessment options. The emergency amendment also revises the selection of students to allow more flexibility for schools and streamline the process for OSPI. 04/07/2021 21-08-084 Nasue Nishida
392-344-130 School Facilities – Small District Modernization: Allow OSPI flexibility to disburse state funding assistance for school district projects which are also receiving small district modernization grant funds to assist school districts in minimizing project financing costs and provide additional time for a school district to secure sufficient local funding to meet its local funding obligations. 05/26/2021 21-12-046 Scott Black
392-380 Clarify due process concerning school immunizations: The purpose of this emergency rule amendment to chapter 392-380 WAC is to clarify the procedural and substantive due process requirements governing the exclusion of children from schools pursuant to RCW 28A.210.120 and RCW 28A.210.320 for the 2020-21 school year. Recent rules adopted by the Washington State Board of Health that went into effect August 1, 2020, regarding school immunization requirements increase the possibility that students may be excluded from school due to non-compliance with these requirements at the start of the 2020-21 school year. This, coupled with the current lack of clarity in chapter 392-380 WAC regarding procedural and substantive due process safeguards for students who are excluded from school due to non-compliance with immunization requirements, create an urgent need to immediately amend chapter 392-380 WAC. 04/23/2021 21-10-012 Annie Hetzel
392-401A Definition of Absence for the 2020-21 School Year: The purpose of this emergency rule revision is to (1) define student absence in the 2020-21 school year for school districts across the state to collect and use daily attendance data during the COVID-19 epidemic, and (2) establish the minimum criteria of the attendance system that each school district must implement as required under WAC 180-16-200(4)(c). These rules continue to support the state and school districts in addressing the challenge of chronic absenteeism, improving learning outcomes and success in school for all students, and supporting the whole child. 06/16/2021 21-13-084 Krissy Johnson
392-410-135 Physical Education: Temporarily suspend part of WAC 392-410-135 – concerning the requirement that all students in grades 1-8 receive at least one hundred instructional minutes per week, per year of physical education. Immediate suspension of part of this WAC is necessary to provide flexibility for school districts to adopt and implement a COVID-19 reopening plan that keeps students and staff safe and provides students with the opportunity to access educational services. A school district’s decision to operate a hybrid or fully remote learning model and to practice social distancing will directly impact the district’s ability to offer 100 minutes per week of face-to-face instructional time for all students in grades 1-8. This change does not remove the requirement for all students in grades 1-8 to receive instruction in physical education, per RCW 28A.230.040. 04/23/2021 21-10-014 Ken Turner
392-550-040 This emergency revision aligns truancy timelines for Alternative Learning Experience (ALE) settings with revised timelines for the non-ALE setting. In response to the pandemic cause by the COVID-19 virus, OSPI filed an emergency rule for WAC 392-401A-035 modifying truancy requirements for the non-ALE setting for the 2020-21 school year. This emergency revision aligns ALE truancy requirements for the remainder of the 2020-21 school year. 02/23/2021 21-06-032 Anissa Sharratt
392-700-015 and -160 This emergency rule revision provides some necessary accommodations for youth reengagement programs as a result of the ongoing coronavirus (COVID-19) pandemic. First, the emergency rule provides necessary clarification regarding acceptable “face to face” engagements when a reengagement program is being administered in remote learning environments made necessary by the global COVID-19 pandemic. Second, the rule extends the reengagement programs apportionment count date for the month of September 2020 to allow schools to claim apportionment for students unable to enroll and begin school until later in the month due to the impact of the pandemic and wildfires. Third, the rule removes some “prior month” requirements for October 2020 apportionment to address the impact caused by late student enrollment and participation in September 2020 due to the COVID-19 pandemic. This emergency rule supersedes the previous emergency rule filed under WSR 20-18-081. Because face to face, in-person interaction is not feasible for all students participating in remote learning, this emergency rule amendment is necessary to ensure students will be able to access services through different means of contact in the 2020-21 school year. OSPI is initiating rulemaking to make this change permanent through the remainder of the 2020-2021 school year. 06/04/2021 21-13-010 Katherine Mahoney & Rhett Nelson

CR 105 Expedited Rulemaking

No results at this time.

Notice of Policy Statement

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
N/A Preventing and Addressing Discrimination in Student Discipline, Guidelines for Implementing Washington’s Equal Educational Opportunity Laws: Chapter 28A.640 and 28A.642 RCW and Chapter 392-190 WAC 10/22/2019 19-21-151 Sarah Albertson

Manual Changes - Public Hearing Scheduled

No results at this time.