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Home » Policy & Funding » OSPI Rulemaking Activity

OSPI Rulemaking Activity

CR 101 Preproposal Statement of Inquiry

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-121-249 thru -299 School Finance-Certificated Staff: OSPI is considering rule revisions regarding data collection requirements on the S-275 school personnel report after the 2018 Washington Legislature made significant changes to how school districts are funded and how educators are compensated. The Washington Legislature no longer provides funding to school districts for teacher salary and benefits tied to their education level (degree and credits) and certificated years of experience. Rule revisions are needed to implement those changes while continuing to collect S-275 education and experience data as needed. 04/21/2021 21-09-086 Ross Bunda
392-162 Learning Assistance Program (LAP): Considering revisions to (1) align the rules with the amended requirements under chapter 28A.165 RCW through the passage of HB 1208; (2) clarify requirements in HB 1208, including specific guidance on the use of the Washington Integrated Student Supports Protocol (WISSP) for determining LAP services; and (3) provide regulatory guidelines to districts who choose to use learning assistance program funds to implement the K–2 literacy screening and intervention requirements under RCW 28A.320.260. 08/13/2021 21-17-099 Jason Miller
392-194 Certification Fees: Considering increasing fees for processing initial educator and paraprofessional certificate applications and subsequent actions. The proposed revisions would continue to support and maintain the operations of OSPI’s Professional Certification office. Current staffing is not adequate to sufficiently process educator applications in a timely manner to meet school district and applicant needs. 07/21/2021 21-15-118 David Kinnunen
392-198 School employee training re: blood-borne pathogens: Considering amending rules concerning school employee training and education for blood-borne pathogens. RCW 70.24.290 was amended (HB1551, 2020) and directs OSPI to adopt rules concerning educating and training school employees on the prevention, transmission, and treatment of blood-borne pathogens. Previously, the requirement was for education and training concerning HIV/AIDS but has been amended to include blood-borne pathogens. 08/04/2021 21-16-112 Annie Hetzel
392-415 Partial credit for Highly Mobile Students: Add new section to chapter 392-415 WAC (Secondary Education – Standardized High School Transcript) concerning on-time grade level progression and graduation of students who are homeless, dependent, or at-risk youth or children in need of services - commonly known as partial credit for highly mobile students. 02/17/2021 21-05-073 Matt Smith
  • 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 Rulemaking – Public Hearing Scheduled

WAC Chaptersort descending Description Hearing Date WA Register Agency Contact
392-410-350 Seal of Biliteracy proposed changes would expand options for demonstrating English language proficiency to be consistent with Section 201(4)(b)(i)-(v) of HB 1599 (2019). Further, OSPI is considering updating and clarifying the rule to ensure Tribal languages, American Sign Language, and languages that may only be communicated orally (not through writing or reading) can be included in the criteria for awarding the Seal of Biliteracy. Written comments are due 9/21/21. Hearing will be 9/21/21, follow this link for more info: 09/21/2021 21-17-106 Veronica Trapani

CR 103P Adopted Rules (Permanent)

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-122 and 392-140-916 thru -939 Finance-Categorical Apportionment: housekeeping changes updating chapter to align with state and federal statutes, simplify language for clarity and readability, and made other technical revisions. 01/27/2021 21-04-039 Evan Gaffey
392-132-075 The rule change addresses capital construction agreements entered into by host and nonhigh school districts. The new section added to the chapter provides nonhigh districts (districts with no high school) with basic protections and ensures the host districts are able to secure financing of capital construction projects. Previously, nonhigh school districts were vulnerable to dissolution if the district and host high school district cannot agree to terms of capital construction financing. 04/21/2021 21-09-089 Scott Black
392-172A, 392-173, 392-140-60105 through -685 Special Education: New and amended regulations, as well as for repealing existing regulations, to (1) address changes to federal law and requirements; (2) clarify existing requirements under current state law that impact the free appropriate public education (FAPE) of students eligible for special education services; (3) add requirements from Engrossed Substitute House Bill (ESHB) 1130 (2020); and (4) make housekeeping changes to correct typographical errors, reorganize and remove outdated WACs in these chapters for ease of reference, and other rule changes that are technical in nature. Please note: Most changes are effective on October 15, 2021 with the exception of the following sections, which will be effective starting January 1, 2022, 392-172A-01035, -02076, -02105, -02110. Please refer to the rule language for specific changes. 09/14/2021 21-19-065 Glenna Gallo
392-341, -343, -347 School Facilities – Study and Survey: Rule changes apply lean management principles to the school facilities study and survey process as required by Section 5015 of Chapter 413, Laws of 2019. Amending the rules by applying lean management principles is intended to ease the administrative process followed by school districts in conducting school facilities study and surveys. 06/22/2021 21-13-129 Scott Black
392-342 and -344 School Facilities – “D Forms Process:” Apply lean management principles, as required by Section 5015 of Chapter 413, Laws of 2019, to the process related to applying for state assistance for school plant facilities, also known as the “D-Forms” process. Apply lean management principles and other performance management strategies is intended to reduce undue administrative burdens on school districts participating in this school facilities process. 07/14/2021 21-15-045 Scott Black
392-344-130 School Facilities – Small District Modernization: Rule change allows the Superintendent of Public Instruction flexibility to disburse state funding assistance for school district projects which are also receiving small district modernization grant funds to assist school districts in minimizing project financing costs and provide additional time for a school district to secure sufficient local funding to meet its local funding obligations. 06/22/2021 21-13-128 Scott Black
392-380 Clarify the procedural and substantive due process requirements governing the exclusion of children from schools pursuant to RCW 28A.210.120 and RCW 28A.210.320. Rules by the Washington State Board of Health (August 2020) regarding school immunization requirements increase the possibility that students may be excluded from school due to non-compliance with these requirements. 07/14/2021 21-15-047 Annie Hetzel
392-401 Absence: rules changes to 1) establish a definition of absence from synchronous and asynchronous instruction, 2) establish excused absences that pertain only during times of emergency school facility closures where districts are required to provide synchronous and asynchronous, and 3) establish the minimum criteria of a district's multi-tiered system of support for attendance. 08/13/2021 21-17-088 Krissy Johnson
392-550-025 Alternative Learning Experience (ALE): In August 2020, ALE rules were re-codified as Chapter 392-550 WAC. In this process, the codified timeline for implementation of an intervention plan, previously codified at WAC 392-121-182(7)(a)(ii)(B), was unintentionally omitted. Prior to the August 2020 rule recodification, schools offering ALE had five school days to implement an intervention plan after a determination of unsatisfactory student progress. Due to a typographical error, that requirement was unintentionally omitted when the ALE rules were re-codified as Chapter 392-550 WAC. There was no intention of removing the requirement, and schools offering ALE courses are accustomed to the five-day timeline. This expedited rule corrects the typographical drafting error and maintains the established intervention plan requirement. 03/01/2021 21-06-082 Anissa Sharratt
392-550-040 ALE – Truancy: Updated permanent rule to be effective starting with the 2021-22 school year. The change reflects emergency rule adjustments made to WAC 392-550-040 concerning the ALE truancy process. Emergency rules were implemented for the 2020-21 school year due to the ongoing COVID-19 pandemic, and the requirement of many school districts to shift their instructional models, either completely or partially, in order to ensure the safety of their students, staff, and communities. 07/14/2021 21-15-046 Anissa Sharratt

CR 103E Emergency Adoption

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-117-070 thru -085 Apportionment – Health and Safety – Vaccinations Requirements: emergency rule concerning willful failure by local education agencies to comply with health and safety requirements, including face-coverings and vaccinations, related to Governor’s Proclamations 20-09 and 21-14. 08/25/2021 21-18-052 Katherine Mahoney
392-121-249 thru -299 Emergency rule revisions regarding data collection requirements on the annual S-275 school personnel report. The revisions implement legislative changes related to how school districts are funded and educators are compensated. The revisions implement those changes while continuing to collect S-275 education and experience data as needed. The changes are intended to provide simplified, accurate data for the Legislature to review and rebase state salary allocations that align with the staffing costs for the state’s program of basic education. 09/08/2021 21-19-023 Ross Bunda
392-160-015 and -026 Transitional Bilingual (screening): Emergency rule amendment allows school districts additional time for required screening of potential multilingual/English learners by increasing the screening timeframe from ten days to thirty days. The temporary extended screening timeframe allows districts to screen students identified on a provisional status as well as incoming new students within 30-days of on-site attendance this fall. The emergency rule will be effective through December 2021. 08/23/2021 21-18-022 Kristin Percy Calaff
392-162 Learning Assistance Program (LAP): To align OSPI rules under chapter 392-162 WAC regarding the learning assistance program with the statutory provisions under chapter 28A.165 RCW as amended with passage of SHB 1208, and to provide regulatory guidelines to districts who choose to use learning assistance program funds to implement the K–2 literacy screening and intervention requirements under RCW 28A.320.260. 09/17/2021 21-19-098 Annie Pennell
392-210 Honors Award Program – this emergency rule allows for the continuation of the Washington Honors Award program for the 2020-21 school year by adjusting the criteria and process. Due to the ongoing COVID-19 pandemic, high school students have had limited to no opportunities to satisfy the testing criteria currently outlined in the rule as the Scholastic Aptitude Test (SAT) and the American College Test (ACT). The emergency amendment allows for additional assessment options. The emergency amendment also revises the selection of students to allow more flexibility for schools and streamline the process for OSPI. 04/07/2021 21-08-084 Nasue Nishida
392-700-015 Open Doors/Drop-out Reengagement: This emergency rule provides necessary accommodations for youth reengagement programs as a result of the ongoing coronavirus (COVID-19) pandemic. The emergency rule provides clarification regarding acceptable “face to face” engagements when a reengagement program is being administered in remote learning environments made necessary by the global COVID-19 pandemic. Because face to face, in-person interaction is not feasible for all students participating in remote learning, this emergency rule amendment is necessary to ensure students will be able to access services through different means of contact in the 2021-22 school year. OSPI will be initiating regular rulemaking as well. 08/17/2021 21-17-134 Mandy Paradise

CR 105 Expedited Rulemaking

No results at this time.

Notice of Policy Statement

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
N/A Preventing and Addressing Discrimination in Student Discipline, Guidelines for Implementing Washington’s Equal Educational Opportunity Laws: Chapter 28A.640 and 28A.642 RCW and Chapter 392-190 WAC 10/22/2019 19-21-151 Sarah Albertson

Manual Changes - Public Hearing Scheduled

No results at this time.