Rulemaking and Public Comment
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Special Education   >   Laws & Procedures   >   Rulemaking and Public Comment

Rulemaking and Public Comment

The Special Education Section posts notices of any rulemaking activities that are specific to possible rule changes to state special education rules.

We invite and encourage participation in the rule making process either through providing written comment or providing public comment, when public hearings are scheduled. Your written or public comments regarding proposed rules improve our efforts in developing final rules.

Notice of Annual State Application for Fiscal Year 2015

OSPI amended its annual state application under Part B of the Individuals with Disabilities Education Act (IDEA) for Federal Fiscal Year 2015. 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 and Section V confirms the States Maintenance of Financial Support.

Review the application (PDF) (posted 2/25/15)


Washington Administrative Code (WAC) 392-172A - Proposed Rule Making to Address SHB 1240 and Other Proposed Rule Changes.

The Special Education Section of the Office of Superintendent of Public Instruction (OSPI) filed a notice of proposed rulemaking (CR-102) with the Office of the Code Reviser on July 1, 2015. The proposed rules will be published in the Washington State Register on July 15, 2015. (See: CR-102 and proposed rules) The proposed rules amend, add, and repeal sections under Chapter 392-172A WAC. This proposal is to address amendments to RCW 28A.155.020 and RCW 28A.600.485 as a result of recent legislative changes under SHB 1240, Laws of 2015 “An Act Relating to Restraint and Isolation of Students, Including Students with Disabilities in Public Schools.” OSPI is also proposing to amend WAC 392-172A-05125, so that it is consistent with the federal Department of Education rules at 34 CFR 300.518, when addressing a student’s status during due process proceedings.

The purpose of the proposed changes is to amend the special education rules so that parents of students eligible for special education, local educational agencies, and other entities providing special education services understand the strict limitations associated with the use of restraint or isolation in Washington. The changes include adding definitions relevant to the strict limitation on the use of restraint and isolation, repealing sections addressing aversive interventions, and addressing IEP team considerations for educational planning purposes if appropriate. In addition to those proposed changes, and the proposed change to WAC 392-172-05125, OSPI is making changes to correct typographical errors or make other changes that are technical in nature.

OSPI has scheduled a public hearing on the proposed changes for August 13, 2015 at 10:00 a.m. at: OSPI, Old Capital Building, in the Brouillet Conference Room #430, Olympia, Washington. More information about the proposed rule changes, the public hearing, and how to submit comments is contained in the CR-102. Please note that written comments have the same weight as public comments.

If you have questions about the proposed rule making process, please contact the Special Education Dispute Resolution Unit, at 360-725-6075 or by email at speced@k12.wa.us, the TTY number is 360-586-0126. Otherwise, please provide comments or make other requests to the persons identified in the CR-102.


Washington Administrative Code (WAC) 392-172A - Proposed Rule Making to Address Maintenance of Effort

The Special Education Section of the Office of Superintendent of Public Instruction (OSPI) filed a notice of proposed rulemaking (CR-102) with the Office of the Code Reviser on July 16, 2015. The proposed rules will be published in the Washington State Register on August 5, 2015. (See: CR-102 and proposed rule. Please link to the attached) The proposed rules amend WAC 392-172A-06020, Maintenance of Effort; WAC 392-172A-06025, Adjustment to Local Fiscal Efforts in Certain Fiscal Years; and, WAC 392-172A-06030, School Wide Programs under Title 1 of the ESEA. The proposed amendments are made to address recent changes to the federal special education maintenance of effort requirements for special education.

OSPI has scheduled a public hearing on the proposed changes for August 26, 2015, at 10:00 a.m. at: OSPI, Old Capital Building, in the Brouillet Conference Room #430, Olympia, Washington. More information about the proposed rule changes, the public hearing, and how to submit comments is contained in the CR-102. Please note that written comments have the same weight as public comments.

If you have questions about the proposed rulemaking process, please contact the Special Education Dispute Resolution Unit, at 360-725-6075 or by email at speced@k12.wa.us; the TTY number is 360-586-0126. Otherwise, please provide comments or make other requests to the persons identified in the CR-102.

 

 

Old Capitol Building, PO Box 47200, 600 Washington St. S.E., Olympia, WA  98504-7200  (360) 725-6000  TTY (360) 664-3631
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