OSPI Rule Making Activity — WAC Changes
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OSPI Rule Making Activity — WAC Changes

Updated 4/1/19

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Rules Calendar

Code Revision Forms and Filing Dates

CR 101 Preproposal Statement of Inquiry


* Click on column header to sort.

WAC Chapter*

Description

Filing Date*

WA Register*

Agency Contact*

392-TBD

Sexual Health Education: Child sexual abuse prevention in K-12 schools (Erin's Law) – HB 1539 authorizes OSPI to collect and disseminate to school districts information on and curricula for the coordinated program for the prevention of sexual abuse of K-12 students, child abuse, and neglect established in RCW 28A.300.160. OSPI is further authorized to adopt rules addressing the prevention of sexual abuse of students in K-12 and child abuse for purposes of curricula used in public schools.

3/20/19

19-07-079

Andrea Wessel
andrea.wessel@k12.wa.us

392-TBD

Implement 28A.320.192 (updated by 2017 Legislature) to establish procedures to ensure homeless children and youth receive full and partial credit for work completed as required under the McKinney-Vento act.

1/19/18

18-03-112

Jess Lewis
jess.lewis@k12.wa.us

392-121-266 thru -295

Finance – Certificated – OSPI is considering rulemaking that would: (1) repeal rules that are no longer needed after the Washington State Legislature discontinued "staff mix" in state funding and compensation for teachers and other certificated instructional staff after the 2017-18 school year; and (2) amend rules to discontinue outdated language, such as "staff mix" and LEAP salary allocation documents, while continuing to collect education and experience data during the 2018–19 transitional year.

11/21/18

18-23-109

Ross Bunda,
ross.bunda@k12.wa.us

392-126-004

Pursuant to RCW 28A.400.380, every school district board of directors and educational service district superintendent may, in accordance with RCW 41.04.650 through 41.04.665, establish and administer a leave sharing program for their certificated and classified employees. RCW 28A.400.380 further authorizes OSPI to adopt standards establishing (1) appropriate parameters for the program that are consistent with RCW 41.04.650 through 41.04.665, and (2) procedures to ensure that the program does not significantly increase the cost of providing leave. OSPI has adopted rules under this authority at WAC 392-126-004 through 104. OSPI intends to amend these rules for the purpose of aligning them with the underlying statutes, RCW 41.04.650 through 41.04.665, establishing appropriate parameters and procedures for district shared leave programs, and making technical and housekeeping revisions.

2/20/19

19-05-091

T.J. Kelly
Thomas.kelly@k12.wa.us

392-137-190-200/392-172A-05085/392-101

Streamlining the filing procedure for inter-district student transfer appeals and special education due process hearing requests. Change procedure to allow for filing of appeals/hearing requests directly to OSPI's designee, Office of Administrative Hearings.

12/19/18

19-01-112

Evan Gaffey
evan.gaffey@k12.wa.us

392-139

Finance: EHB 2242 (2017) drastically changes OSPI's process and calculations in determining maximum school district levies starting in 2019. Proposed changes would amend or repeal several sections previously known as maintenance and operations levies, now called "enrichment levies."

12/13/18

19-01-041

T.J. Kelly
Thomas.kelly@k12.wa.us

392-144

Define hearing process for school bus drivers, updates to disqualifying requirements, minimum requirements for non-CDL drivers.

6/19/18 18-13-098 Glenn Gorton
glenn.gorton@k12.wa.us
392-153

Traffic Safety – Driver Education: revisions related to ESHB 1481 (2017) which requires OSPI and the WA Department of Licensing to develop core curriculum to be followed by school districts, private schools, and commercial driving schools. Also, development of a certification process. Technical clarifications and revisions may be included, as needed.

6/19/18 18-13-102 Glenn Gorton
glenn.gorton@k12.wa.us

392-191A

Teacher/Principal Evaluation Program (TPEP) - Focused Evaluation for certificated staff – eliminate a provision that focuses on score rather than educator development/growth. Change would allow evaluators to assign the score from the most recent comprehensive evaluation thus shifting the evaluation focus to "educator growth" rather than assigning a score.

5/2/18

18-10-097

Sue Anderson
sue.anderson@k12.wa.us

392-400

Student Discipline: On July 30, 2018, OSPI adopted final rules that comprehensively revised chapter 392-400 WAC, which provides rules governing how a public school district may administer student discipline. Several sections of the chapter are effective, as amended, for the 2018-19 school year only. OSPI is initiating rulemaking that would repeal those sections before the commencement of the 2019-20 school year and make some minor housekeeping revisions to a handful of provisions that are set to go into effect July 1, 2019. The rulemaking would also recodify WAC 392-400-226 (pertaining to harassment, intimidation, and bullying).

2/5/19

19-04-104

Dierk Meierbachtol
dierk.meierbachtol@k12.wa.us

  • 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 Rule Making – Public Hearing Scheduled


* Click on column header to sort.

WAC Chapter*

Description

Hearing Date*

WA Register*

Agency Contact*

392-343-019

School Facilities: Possible revisions related to counting stairwells and vertical shafts (mechanical shafts, elevator shafts, etc.) at each level of a building, excluding unoccupied basements and attics. May also include clarifications related to double or triple height spaces (gyms, commons, etc.) to be counted only once, at the lowest level of such spaces.

1/3/19

18-23-110

Scott Black
schoolfacilitiesrules@k12.wa.us

392-725

OSPI is considering amending chapter 392-725 WAC to clarify provisions of the College in the High School (CHS) program that would explicitly define "College in the High School program," explain the process for colleges to regain eligibility to offer a CHS program after being held accountable for unmet program standards, modify a high school faculty standard pertaining to instructor participation in annual professional development, and add language from WAC 180-51-050 to the explanation of conferring high school credit.

5/8/19

19-08-042

Katherine Mahoney
katherine.mahoney@k12.wa.us

 

CR 103 Adopted Rules (Permanent)


* Click on column header to sort.

WAC Chapter*

Description

Filing Date*

WA Register*

Agency Contact*

392-105

Updating public records rules for OSPI (in response to recent legislation revising the Public Records Act). Proposed changes reorganize and streamline chapter, including clarifications on making public records requests, costs associated with public records, guidelines for inspection of records.

6/14/18 18-13-060 Dierk Meierbachtol
dierk.meierbachtol@k12.wa.us

392-121-182

Alternative Learning Experience (ALE): Proposed changes reflect modifications to ALE course-type definitions made in Senate Bill 6134 (2018), which became effective June 7, 2018. The definition of "site-based course" will change from a course where a student has at least twenty percent in-person instructional contact time to one where the student has any in-person instructional contact time. The definition of "remote course" will change to having less than twenty percent of in-person instructional contact time to no in-person instructional contact time.

9/13/18

18-19-040

Rhett Nelson
rhett.nelson@k12.wa.us

392-121-182

Update ALE (Alternative Learning Experience) rules to ensure school districts and charter schools comply with statutory Full-Day Kindergarten (FDK) requirements when offering ALE to students.

4/26/18 18-10-045 Becky McLean
becky.mclean@k12.wa.us
392-121-415

Eliminates WAC 392-121-415(2), which required the Office of Superintendent of Public Instruction (OSPI) to deduct proceeds from state forest payments under RCW 79.22.040 and 79.22.050 from school district and charter school basic education apportionment payments. Eliminating the requirement to treat state forest revenue as a deductible revenue will allow approximately 80 school districts, mostly rural, to keep approximately $13 to $17 million in funds from which they currently get no benefit.

4/24/18 18-10-025 T.J. Kelly
Thomas.kelly@k12.wa.us

392-121-415

Apportionment - Remove language that reduces state basic education apportionment payments by proceeds from the sale, rental or lease of stone, minerals, timber, forest products, other crops and matter, and improvements from or on tax title real property managed by a county pursuant to chapter 36.35 RCW. The purpose is to ensure that local revenue does not offset costs of basic education as prescribed in EHB 2242 (2017).

12/13/18

19-01-040

T.J. Kelly
Thomas.kelly@k12.wa.us

392-122-900

Learning Assistance Program (LAP) carryover and recovery calculation rules – allow unspent LAP high poverty funds to carryover to next school year ensuring funding for students in need of additional support can be utilized as the Legislature intended.

9/24/18 18-20-023 T.J. Kelly
Thomas.kelly@k12.wa.us
392-140 & -122 

Updating rules to address the elimination of K-3 high poverty school enhanced funding and clarify the process to determine K-3 class size compliance.

2/5/19 19-04-097 Becky McLean
becky.mclean@k12.wa.us
392-140-600 thru -675

Special Education: Safety Net funding process improvements

12/13/18 19-01-039  Glenna Gallo
glenna.gallo@k12.wa.us

392-140-950 through -967

Learning Improvement Days (LID) - Repeal rules related to Learning Improvement Days. These rules have not been used since school year 2010-11, are no longer needed, and have become obsolete.

9/13/18

18-19-041

Ross Bunda,
ross.bunda@k12.wa.us

392-140-973

Align compilation date for student poverty data with other state funding processes for the purposes of calculating the National Board salary bonus for instructional assignment in challenging, high-poverty schools (for teachers and other certificated instructional staff who hold national board certification).

7/3/18

18-14-103

Ross Bunda
ross.bunda@k12.wa.us

392-140-973

NBCT (National Board Certified Teachers) allow schools that participate in the School Breakfast and National School Lunch Program's Community Eligibility Provision (CEP) meal service option and have historically been challenging high-poverty schools ("challenging schools") for purposes of the National Board Certified Teacher (NBCT) bonus to continue to qualify as challenging schools for the duration of their CEP eligibility.

12/28/18 19-02-067 Steven Mueller
steven.mueller@k12.wa.us

392-140-976

NBPTS (National Board candidates) - Align the terms of the conditional loan with the length of candidacy as defined by NBPTS. Candidates have up to five years to complete certification. The proposed rule change would allow repayment to begin at the five-year mark and not the three-year/mid-candidacy point, as is currently the case.

8/22/18

18-17-181

Carrie Dubuque
carrie.dubuque@k12.wa.us

392-143

Multi-function school activity buses

4/17/18 18-09-092 Glenn Gorton
glenn.gorton@k12.wa.us

392-145

Student Transportation: Two brief technical revisions - (1) SDs – related to low visibility bus stops - removes "state patrol" from needing to be notified. State patrol does not review road signs and locations on local roads. (The school district still must notify and work with the local jurisdiction roads department for proper signage or other remedy). (2) Bus Driver procedures – removes "parking" when describing applying brakes as there are other brakes that need to be set in addition to the parking brake when loading/unloading passengers.

8/1/18

18-16-121

Glenn Gorton
glenn.gorton@k12.wa.us

392-151

School safety patrol – proposed revisions would bring the school safety patrol operations up-to-date with current safety standards.

12/14/18 19-01-058 Glenn Gorton
glenn.gorton@k12.wa.us

392-170

Highly Capable: Engrossed Second Substitute Senate Bill 6362 (2018) added a new section to 28A.300 – effective starting SY2018-19. Establishes criteria school districts must use in identifying qualifying students for highly capable programs. Requires OSPI to provide guidance for highly capable programs that must be regularly updated and aligned with evidence-based practices.

1/22/19

19-03-152

Jody Hess,
jody.hess@k12.wa.us

392-400

Revisions to Student Discipline Rules
Student Discipline Rules Information
Concise Explanatory Statement

7/30/18

18-16-081 Dierk Meierbachtol
disciplinerulecomments@k12.wa.us
392-401

Revising definition of absence. Align OSPI's data collection with federal reporting.

5/3/18 18-11-011 Krissy Johnson
krissy.johnson@k12.wa.us

392-503 and 392-501-707 thru -740

Required Action Districts (RAD) – The RAD process and rules provide, per statute, additional supports to districts and schools with persistent challenges in demonstrating progress in improving outcomes for students. The RAD process was originally designed under the federal No Child Left Behind Act, which has since been reauthorized as the Every Child Succeeds Act. Some changes to RAD are required to align the state-directed RAD process with the new federally required accountability framework. OSPI and State Board of Education staff are engaged in a collaborative effort to improve the RAD process, and the agencies' respective rulemaking will reflect the outcomes of that collaboration.

3/29/19

19-08-045

Katherine Mahoney
katherine.mahoney@k12.wa.us 

392-700

Open Doors Programs – increase annual hours of instruction provided by Open Doors programs from 900 to 1,000 beginning with SY 2018-19 as required under RCW 28A.150.260

8/6/18

18-17-031

Becky McLean
becky.mclean@k12.wa.us

 

CR 103 Emergency Adoption


* Click on column header to sort.

WAC Chapter*

Description

Filing Date*

WA Register*

Agency Contact*

 

CR 105 Expedited Rule Making

WAC Chapter

Description

Filing Date

WA Register

Agency Contact

 

Manual Changes - Public Hearing Scheduled

Description

Hearing Date

Agency Contact

Changes to School District Accounting Manual and Educational Service District Accounting Manual

2/28/19

Paul Stone
paul.stone@k12.wa.us

 

 

 

 

 

 

   Updated 4/1/2019

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