Rules for the Provision of Special Education

Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State. The WAC codifies the regulations and arranges them by subject or agency. The online version of the WAC is updated twice a month. Copies of the WAC as they existed each year since 2004 are available in the WAC archive.

The OSPI provides additional information regarding special education topics through training and Technical Assistance Papers on discipline, evaluation, and IEPs (follow links, below).

Current Rules & Regulations related to Special Education can be found in Chapter 392-172A WAC.

GENERAL

Authority.
Purposes.
Applicability.

DEFINITIONS

Act.
Assistive technology device.
Assistive technology service.
Charter school.
Child with a disability or student eligible for special education.
Consent.
Core academic subjects.
Day—Business day—School day.
Educational service agency.
Elementary or secondary school.
Equipment.
Evaluation.
Excess costs.
Free appropriate public education.
Highly qualified special education teachers.
Homeless children.
Include.
Individualized education program.
Individualized education program team.
Limited English proficient.
Local educational agency or school district.
Native language.
Parent.
Parent training and information center.
Part-time enrollment.
Personally identifiable.
Private school.
Public agency.
Related services.
Residency or resident student.
Scientifically based research.
Services plan.
Special education.
State educational agency.
Supplementary aids and services.
Transition services.
Universal design.
Ward of the state.

FAPE REQUIREMENTS

Students’ rights to a free appropriate public education (FAPE).
Exceptions to a student’s right to FAPE.
Methods of payment for FAPE.
Availability of assistive technology.
Extended school year services.
Nonacademic services.
Physical education.
Program options.
Child find.
Routine checking of hearing aids and external components of surgically implanted medical devices.

LEAST RESTRICTIVE ENVIRONMENT

Least restrictive environment.
Continuum of alternative placements.
Placements.
Nonacademic settings.
Students in public or private institutions.

OTHER REQUIREMENTS

Prohibition on mandatory medication.
Transition of children from the Part C program to preschool programs.
Homeless children.
Personnel qualifications.
Transportation.
Home/hospital instruction.

EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS

Consent

Parental consent for initial evaluations, initial services and reevaluations.
EVALUATIONS AND REEVALUATIONS
Referral and timelines for initial evaluations.
Screening for instructional purposes is not an evaluation.
Reevaluation timelines.
Evaluation procedures.
Review of existing data for evaluations and reevaluations.
Evaluations before change in eligibility.
Evaluation report.
Determination of eligibility.

ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES

District procedures for specific learning disabilities.
Additional members of the evaluation group.
Specific learning disability—Determination.
Process based on a student’s response to scientific research-based intervention.
Use of discrepancy tables for determining severe discrepancy.
Method for documenting severe discrepancy.
Observation of students suspected of having a specific learning disability.
Specific documentation for the eligibility determination of students suspected of having specific learning disabilities.

INDIVIDUALIZED EDUCATION PROGRAMS

Definition of individualized education program.
IEP team membership.
Parent participation.
When IEPs must be in effect.
Development, review, and revision of IEP.
Educational placements.

AVERSIVE INTERVENTIONS

Aversive interventions definition and purpose.
Aversive intervention prohibitions.
Aversive interventions—Conditions.
Aversive interventions—Individualized education program requirements.

STUDENTS IN PRIVATE SCHOOLS

Students Eligible for Special Education Enrolled by Their Parents in Private Schools
Definition of parentally placed private school students.
Child find for parentally placed private school students eligible for special education.
Provision of services for parentally placed private school students eligible for special education.
Expenditures.
Consultation.
Written affirmation.
Compliance with procedures for consultation.
Determination of equitable services.
Equitable services provided.
Location of services and transportation.
Due process and state complaints regarding parentally placed students in a private school.
Requirement that funds not benefit a private school.
Use of personnel.
Prohibition on the use of separate classes.
Property, equipment and supplies.

STUDENTS IN PRIVATE OR PUBLIC SCHOOLS PLACED OR REFERRED BY SCHOOL DISTRICTS

Applicability and authorization.
Responsibility of the school district.
Approval of nonpublic agencies.
Application requirements for nonpublic agency approval.
Notification of nonpublic agency program changes.
Suspension, revocation or refusal to renew approval.
State responsibility for nonpublic agency placements.

STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS WHEN FAPE IS AT ISSUE

Placement of students when FAPE is at issue.

SAFEGUARDS

Opportunity to examine records—Parent participation in meetings.
Independent educational evaluation.
Prior notice and contents.
Procedural safeguards notice.
Electronic mail.

STATE CITIZEN COMPLAINT PROCEDURES

Procedures for filing a complaint.
Investigation of the complaint and decision.
Citizen complaints and due process hearings.
Complaints against OSPI.
Informing citizens about complaint procedures.

MEDIATION

Mediation purpose—Availability.
Qualifications and selection of mediators.
Resolution of a dispute through mediation.
Meeting to encourage mediation.

DUE PROCESS HEARING PROCEDURES

Right to a due process hearing.
Due process hearing request filing and response.
Resolution process.
Administrative law judges.
Hearing rights.
Hearing decisions.
Timelines and convenience of hearings.
Civil action.
Attorneys’ fees.
Student’s status during proceedings.

SURROGATE PARENTS

Surrogate parents.

TRANSFER OF RIGHTS AT AGE OF MAJORITY

Transfer of parental rights to the student at age of majority.
DISCIPLINE PROCEDURES
Purpose.
Authority of school personnel.
Determination of setting.
Change of placement because of disciplinary removals.
Appeal of placement decisions and manifestation determinations.
Placement during an appeal through a due process hearing.
Protections for students not determined eligible for special education and related services.
Referral to and action by law enforcement and judicial authorities.

CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS

Definitions—Destruction of records, educational records, participating agency.
Notice to parents.
Access rights.
Record of access.
Records on more than one student.
List of records.
Fees.
Amendment of records and hearing rights.
Hearing on a request to amend records.
Consent for release of records.
Safeguards.
Destruction of educational records.
Student rights to educational records.
District procedures for confidential information.

SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS

Condition of assistance.
Consistency with state policies.
School district use of funds.
Maintenance of effort.
Exception to maintenance of effort.
Adjustment to local fiscal efforts in certain fiscal years.
School wide programs under Title 1 of the ESEA.
Permissive use of funds.
Purchase of and access to instructional materials.
School district information for the OSPI.
Public information.
Records regarding migratory students eligible for special education.
Exception for prior policies and procedures.
Notification of a school district in case of ineligibility.
School district compliance.
Collaborative requests.
Requirements for establishing eligibility.
Coordinated early intervening services.
Direct services by the OSPI.
State agency eligibility.

STATE PROCEDURES—MONITORING—ENFORCEMENT AND STATE PROGRAM INFORMATION

Methods of ensuring services.
Students eligible for special education who are covered by public benefits or insurance or private insurance.

MONITORING

Monitoring.
Determinations.

PERFORMANCE GOALS AND INDICATORS—STATE PERFORMANCE PLANS AND ANNUAL PERFORMANCE REPORTS

Performance goals and indicators.
State performance plans and data collection.
State use of targets and reporting.
State enforcement.

CHILD COUNT, DISPROPORTIONALITY, SUSPENSION AND EXPULSION

Child count.
Significant disproportionality.
Suspension and expulsion rates for students eligible for special education.
State use of funds.
State safety net fund for high need students.

STATE ADVISORY COUNCIL

State advisory council.
Records related to grant funds.
Public participation.

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