Administrative Resources Services

OSPI Rule Making Activity — WAC Changes

Updated 11/26/18

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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*


Filing Date*

WA Register*

Agency Contact*


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.



Jess Lewis

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teachers and other certificated instructional staff after the 2017-18 school year; and (2) amend rules to discontinue outdated language, such as "staff mix" and LEAP salary allocation documents, while continuing to collect education and experience data during the 2018–19 transitional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.



Ross Bunda,

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.

3/1/18 18-06-042 Becky McLean

Apportionment: Ensure class size compliance rules align with class size structure in the underlying statute and appropriations act. K-3 class-size compliance calculation in preparation for SY19-20. Remove references to high poverty schools and simplify description of calculation.

8/22/18 18-17-182 T.J. Kelly

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

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


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.



Jody Hess,


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.



Sue Anderson

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.



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 Rule Making – Public Hearing Scheduled

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WAC Chapter*


Hearing Date*

WA Register*

Agency Contact*


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).



T.J. Kelly

392-140-600 thru -675

Special Education: Safety Net funding process improvements

11/27/18 18-21-185  Glenna Gallo

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.

11/27/18 18-21-186 Steven Mueller

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

12/11/18 18-22-105 Glenn Gorton


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.



Scott Black


CR 103 Adopted Rules (Permanent)

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WAC Chapter*


Filing Date*

WA Register*

Agency Contact*


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


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.



Rhett Nelson


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

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
392-121-570, 571, 573

Vocational Education minimum expenditures

1/19/18 18-03-116 TJ Kelly

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

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.



Ross Bunda,


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).



Ross Bunda


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.



Carrie Dubuque


Multi-function school activity buses

4/17/18 18-09-092 Glenn Gorton


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.



Glenn Gorton

392-162 & 392-122

LAP - align with recent changes to RCW re: prototypical funding formula

1/2/18 18-02-082 Gayle Pauley

Special Service programs - update complaint procedures for programs administered under ESEA as amended by ESSA

1/2/18 18-02-083 Gayle Pauley

Highly Capable - equitable prioritization of low-income students (per new statute language 28A.185)

1/5/18 18-03-012 Gayle Pauley

Special Education – address changes to federal law and requirements; make clarifications, housekeeping, and technical changes. Reorganize for ease of reference.

11/9/17 17-23-054 Kasi Walker

Special Education: expand current requirement to include prescription drugs that are not covered under the controlled substance act (21 U.S.C. Sec 812(c)).

1/11/18 18-03-063 Kasi Walker

Align OSPI's background check rules with SSB 5605, including allowing for fingerprint criminal background checks on school volunteers in certain circumstances, fee adjustments related to background checks and fingerprinting, and possible technical updates.

1/12/18 18-03-070 Catherine Slagle

Construction insurance for SCAP projects – clarify language

12/5/17 17-24-089 Scott Black

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


18-16-081 Dierk Meierbachtol

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

5/3/18 18-11-011 Krissy Johnson


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



Becky McLean


College in the High School

10/5/17 17-21-001 Kim Reykdal


CR 103 Emergency Adoption

* Click on column header to sort.

WAC Chapter*


Filing Date*

WA Register*

Agency Contact*


Apportionment - The emergency rule removes 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).

11/21/18 18-23-111 TJ Kelly

NBCT challenging school bonus related to CEP meal services



Steven Mueller


Align rules for the Highly Capable program to the statutory changes made to the program by ESSSB 6362 (2018). Changes must be in effect for 2018-2019 school year. For identifying highly capable students, requires school districts to comply with additional criteria regarding multiple pathways for qualification, use of local norms for assessments, use of subjective measures, and use of assessments in native language of student.

11/21/18 18-23-112 Jody Hess,


CR 105 Expedited Rule Making

WAC Chapter


Filing Date

WA Register

Agency Contact


Manual Changes - Public Hearing Scheduled


Hearing Date

Agency Contact







   Updated 11/26/2018

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