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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-(new sections-tbd) Institutional Education: OSPI is considering rule making based on HB 1295 (2021) which directs OSPI to establish requirements concerning education and supports for youth in or recently exiting the juvenile justice system. Academic progress toward grade-level progression and high school graduation are particularly critical for students within the juvenile justice system, including those entering, transitioning between facilities, and post-resident youth, in making life-changing transformations for the future. 08/24/2022 22-17-158 Emmelia Wargacki
392-(TBD) OSPI is considering adding sections to Title 392 WAC concerning withholding distribution of certain apportionment funds to school districts and other local education agencies. This rule making is intended to establish terms and conditions for withholding state basic education apportionment allocations when a school district is found to be willfully non-compliant with certain state laws and rules. 11/17/2021 21-23-110 Kristin Murphy
392-117 Add sections to chapter 392-117 WAC concerning Apportionment – health and safety and vaccination requirements. The purpose of this rulemaking is to establish the terms and conditions governing local education agencies’ entitlement to receive state basic education apportionment allocations during the 2021-2022 school year when local education agencies willfully fail to meet the requirements of Proclamation 20-09, et seq. or Proclamation 21-14, et seq. 09/22/2021 21-19-145 Kristin Murphy
392-136A Finance/Shared Leave: In response to the COVID-19 pandemic, shared leave statutes were amended by the Washington State Legislature (HB 2739 (2020)). OSPI is considering rule making concerning shared leave to align with recent changes to the related statute. The purpose will be to clearly articulate changes to the shared leave program eligibility for district staff to include the permitted use of shared leave as a result of the 2019 novel coronavirus. Additional changes to the chapter may be considered. An emergency rule was also filed concerning this topic, see WSR 22-13-080, filed 6/10/22. 06/21/2022 22-13-161 T.J. Kelly
392-142 Student Transportation: OSPI is considering rule making related to Substitute House Bill 1644 (2022) which included language to expand the allowable use of the transportation vehicle fund. In addition, technical revisions may be considered. 06/01/2022 22-12-087 Patti Enbody
392-191A Teacher and Principal Evaluation Program (TPEP): In collaboration with the TPEP Steering Committee, OSPI is considering rule making concerning timing for principal/assistant principal evaluations to ensure these are completed in a manner or on a timeline that allows a principal/assistant principal to receive timely feedback, to improve their practice, or to seek another position based on their employment status. 08/24/2022 22-17-157 Sue Anderson
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 Lisa Fish
392-725 College in the High School: Considering rule making related to recent changes to RCW 28A.600.290 (SHB 1302 (2021)) which established new provisions for eligibility to students in the ninth grade to be able to earn college credit for completing the courses. The statute changes also established new provisions for OSPI to annually determine the maximum per credit tuition fee colleges can charge students based on inflation. 10/06/2021 21-20-133 Kim Reykdal
  • 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
392-122-430 thru -455 Finance – Physical, Social, Emotional Support (PSES): Considering adding new sections to compliance rules and calculations concerning provisions in SSHB 1664 (2022) and the 2022 supplemental budget (ESSB 5693). SSHB 1664 provides increased funding allocations for physical, social, and emotional support staff through the prototypical school funding model beginning with the 2022-23 school year. Also, see CR-103E Emergency Rule (WSR 22-15-056). Hearing and comment info, along with proposed language, can be found at "392-122-430 thru -455" link (under WAC chapter column). 09/29/2022 22-17-159 T.J. Kelly
392-210 Honors Awards Program: Considering rulemaking to amend the process and procedures concerning the administration of the Washington State Honors Awards Program. The COVID-19 pandemic and related emergency public health safety measures created inequities for students to meet the criteria specified in the rules concerning the Washington Honors Award. Hearing and comment info, along with proposed language, can be found at 392-210 link (under WAC chapter column). 10/04/2022 22-17-160 Tony May

CR 103P Adopted Rules (Permanent)

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-121-249 thru -299 School Finance-Certificated Staff: Revises data collection requirements on the annual 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. These rule revisions implement those changes while continuing to collect S-275 education and experience data as needed. 11/29/2021 21-24-061 Ross Bunda
392-162 Learning Assistance Program (LAP): 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. 06/27/2022 22-14-036 Annie Pennell
392-191A-030 TPEP (school personnel certificate definition references): Update definitions section, WAC 392-191A-030, to align the language with recent rule changes made by the Professional Educator Standards Board (PESB) concerning the types of certificates available to educators. 04/05/2022 22-08-087 Sue Anderson
392-194-001 and -002 Certification Fees: Adjust the processing fees for educator certificate applications and subsequent actions. The fee is adjusted to $51 for initial educator certificate applications and subsequent actions. 12/01/2021 21-24-103 David Kinnunen
392-198 School Employee Training re: Blood-borne Pathogens: Amended 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. 04/05/2022 22-08-089 Annie Hetzel
392-349-015 School Facilities/Remote and Necessary: Removes the requirement to review remote and necessary schools every four years to determine if the schools can continue to keep their remote and necessary status. Existing statutes & rules establish the conditions necessary to become a remote and necessary district and further defines conditions when the status can be removed. The conditions that designate the remote and necessary status do not change due to the remoteness of the schools. The change will save administrative time and effort. 08/30/2022 22-18-051 Scott Black
392-401-020 Absence - Mental Health: Amended the section to include absences due to mental and behavioral health as excusable absences in compliance with HB 1834 (2022). Change is effective August 1, 2022. In addition, OSPI is developing guidance for districts to use in implementing this change. 06/08/2022 22-13-056 Krissy Johnson
392-410-350 Seal of Biliteracy: Amended to expand options for demonstrating English language proficiency to be consistent with Section 201(4)(b)(i)-(v) of HB 1599 (2019). Also, updated and clarified rule to ensure Tribal languages, American Sign Language, and languages that may only be communicated orally (not through writing or reading) are included in the criteria for awarding the Seal of Biliteracy. 02/07/2022 22-05-033 Veronica Trapani
392-550-035 and -050 Alternative Learning Experience (ALE) and WA-Kids: Amended ALE rules to expand and clarify the methods through which full-day kindergarten can be implemented in an ALE setting. 07/15/2022 22-15-060 Anissa Sharratt
392-700, 392-121-136, 392-122-221 Open Doors (drop-out youth reengagement) and Institutional Education: Allow for students enrolled in an institutional education program to be concurrently enrolled in a youth dropout reengagement program. The changes allow the student to be claimed for a combined FTE that exceeds 1.0. In addition, for all students enrolled in youth dropout reengagement programs, the amended rule updates the face-to-face contact requirement for students to expand options beyond in-person communication. 07/20/2022 22-15-119 Becky McLean

CR 103E Emergency Adoption

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-122-430 thru -455 Finance – Physical, Social, Emotional Support (PSES): Emergency Rule (effective September 1, 2022) - adding new sections to compliance rules and calculations concerning provisions in SSHB 1664 (2022) and the 2022 supplemental budget (ESSB 5693). SSHB 1664 provides increased funding allocations for physical, social, and emotional support staff through the prototypical school funding model beginning with the 2022-23 school year. Also, see CR102 - WSR 22-17-159. 07/15/2022 22-15-056 T.J. Kelly
392-136A-030 Shared Leave: Emergency rule-making to add language to existing 392-136A-030 that clearly articulates the changes made to the shared leave program eligibility for school district staff to include the permitted use of shared leave as a result of the 2019 novel coronavirus. OSPI has initiated the permanent rule making process concerning chapter 392-136A WAC (CR101 filed on 6/21/22, WSR 22-13-161). 06/10/2022 22-13-080 T.J. Kelly

CR 105 Expedited Rulemaking

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-107 Educational Service District (ESD) Board of Directors: OSPI is proposing to repeal chapter 392-107 WAC since HB 1974 (2022) moved election administration for ESD boards of directors to the Washington State School Directors’ Association (WSSDA). As WSSDA is now responsible for the administration of these elections and establishing related procedures, the rules under chapter 392-107 WAC are no longer valid. 08/24/2022 22-17-161 Kristin Murphy
392-109 State Board of Education (SBE) Elected Members: OSPI is proposing to repeal chapter 392-109 WAC since HB 1974 (2022) moved election administration for elected members of the SBE to the Washington State School Directors’ Association (WSSDA). As WSSDA is now responsible for the administration of these elections and establishing related procedures, the rules under chapter 392-109 WAC are no longer valid. 08/24/2022 22-17-162 Kristin Murphy
392-162-100 and -115 Learning Assistance Program (LAP): In the course of the recent rule making process (see WSR 22-14-036), two sections were unintentionally omitted from the list of sections to repeal. The purpose of this expedited rule making is to complete the process of repealing WAC 392-162-100 and 392-162-115. The purpose of repealing these sections is to eliminate redundancies in language that already exists in statute and guidance. 08/24/2022 22-17-163 Kristin Murphy

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.