Rulemaking and Public Comment
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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 2016 Public Comment Period

The annual state fund application for Part B of the Individuals with Disabilities Education Act (IDEA) for Federal Fiscal Year 2016 is now available for public comment. This notice is given to announce and invite, public review and public written comment. This application is divided 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, Section V confirms the States Maintenance of Financial Support and a Supplemental Assurance due to ESSA Reauthorization.

Public Comment: A required 30-day Public Written Comment period regarding Washington’s Part B IDEA Annual Application will occur through April 15, 2016. Please submit your comments in writing to, fax to 360-586-0247, or mail to the Special Education Office, OSPI, PO Box 47200, Olympia, WA 98504-7200. When submitting your written comments, please insert in the subject line, “WA Part B Annual State Special Education Application, Public Comments.”

Public Review: Annual Application for Federal Fiscal Year 2016 (FFY 16) (posted March 7, 2016)

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

The purpose of this correspondence is to provide you with PDF copies of the CR-103, Concise Explanatory Statement, and final state adopted regulations which address SHB 1240. There are also four model state forms associated with the revision of the special education rules in WAC 392-172A regarding the use of isolation, restraint, and restraint devices.

The CR-103 confirms the agency’s action to adopt the final regulations 31 days after filing. The final rules were filed on December 29, 2015. The Concise Explanatory Statement includes OSPI’s response to the comments provided in relationship to the rule making process. Download a PDF copy of the final regulations.

In addition, four model state forms associated with the revision of the special education rules in WAC 392-172A regarding the use of isolation, restraint, and restraint devices. The forms include two amended IEP model state forms: one that does not include transition (6c), and one that does include transition (6d), and two new state model forms for the Emergency Response Protocol (6e) and the Behavioral Intervention Plan (7b).

OSPI also issued Memorandum 075-15 in December regarding the reporting requirements associated with the implementation of Substitute House Bill 1240. The memorandum is linked above.

We hope you find this information helpful. Once again, thank you for your input, patience and participation in this process.

Other resources:

Notice of Adoption of Rule Revisions Regarding State Special Education Safety Net Funding

Amendments to the state special education safety net regulations consistent with state operating budget, 2015–16 ESSB 6052 (507)(7)(b) were adopted on December 2, 2015. Amendments to clarify language throughout the rules were also adopted. Amendments were made to: 

  • WAC 392-140-600 – Special education safety net­­—Applicable provisions;
  • WAC 392-140-608 – Special education safety net—Safety net application--Timing;
  • WAC 392-140-617 – Special education safety net—Standards—Community impact applications;
  • WAC 392-140-643 – Special education safety net—Definition—State oversight committee—Procedures;
  • WAC 392-140-646 – Special education safety net—State oversight committee actions; and
  • WAC 392-140-656 – Special education safety net—Request for review and reconsideration of an action.

View the Rule-Making Order (CR-103) (PDF) | View the WAC (PDF)

Notice of Adoption of Rule Revisions Regarding Maintenance of Effort (MOE)

Amendments to the state special education regulations consistent with 2015 Office of Special Education Programs United States Department of Education regulations were adopted on August 28, 2015. Amendments were made to:

  • WAC 392-172A-06015 – Maintenance of effort;
  • WAC 392-172A-06025 – Adjustment to fiscal efforts in certain fiscal years; and
  • WAC 392-172A-06030 – School wide programs under Title I of ESEA clarifying the standards of eligibility and maintenance of effort and subsequent years test.

View the Rule-Making Order (CR-103) (PDF) | View the WAC (PDF)



   Updated 3/8/2016

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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