Rulemaking and Public Comment
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Rulemaking and Public Comment

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)


Notice of Preproposal Statement of Inquiry

On March 16, 2015, OSPI filed a Preproposal Statement of Inquiry (CR 101) to address possible rule making activity. The CR-101 is the first step in the rulemaking process and areas of possible rule-making. OSPI filed the CR-101 because of potential changes to state law regarding the restraint and isolation and the use of aversive interventions for students eligible for special education under WAC 392-172A. (See: Substitute House Bill 1240 and Second Substitute Senate Bill 5908) OSPI is also considering rule changes to WAC 392-172A-05125, addressing a student’s status during due process proceedings, and may also consider any needed clerical or technical changes to ensure the regulations are consistent with current federal law.

If you are interested in providing proposed regulatory language or comments about these potential rule making areas, before OSPI drafts rules, please send them to : Dr. Douglas H. Gill, Assistant Superintendent, Special Education, OSPI, P.O Box 47200, Olympia, WA 98504-7200; by Facsimile at (360) 586-0247; or by email to speced@k12.wa.us, with the words “2015 Rulemaking” in the subject line.

If you have any questions about this proposal, please contact Pamela McPartland at Pamela.McPartland@k12.wa.us or (360) 725-6075.


Second Notice of Preproposal Statement of Inquiry

On Tuesday, April 28, 2015, the United States Department of Education filed a final rule addressing calculation of maintenance of effort for school districts. On May 6, 2015, OSPI filed a notice of proposed rulemaking (CR-101) to notify interested parties that we will be drafting proposed special education regulations in Chapter 392-172A WAC to implement the change.

If you are interested in providing proposed regulatory language or comments about these potential rule making areas, before OSPI drafts rules, please send them to : Dr. Douglas H. Gill, Assistant Superintendent, Special Education, OSPI, P.O Box 47200, Olympia, WA 98504-7200; by Facsimile at (360) 586-0247; or by email to speced@k12.wa.us, with the words “2015 Rulemaking MOE” in the subject line.

If you have any questions about this proposal, please contact Pamela McPartland at Pamela.McPartland@k12.wa.us or (360) 725-6075.


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 limited use of restraint and isolation, repealing sections addressing aversive interventions, and addressing IEP team considerations for advanced educational planning. 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 Pamela McPartland, Special Education Dispute Resolution Coordinator, at (360) 725-6075 or by email at Pamela.McPartland@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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