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Home » Policy & Funding » OSPI Rulemaking Activity

OSPI Rulemaking Activity

Rule making is the process by which a state agency makes changes to the Washington Administrative Code (WAC). The tables below detail current rule making activity by OSPI concerning Title 392 WAC. 

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
392-121 and 392-169 Running Start for Summer Term: Considering amending chapters 392-121 and 392-169 WAC concerning summer running start. ESSB 5693 Section 504 (18) directs OSPI to adopt rules to fund participating student's enrollment in running start courses during the summer term. 11/30/2022 22-24-028 Becky McLean
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
392-335 & 392-121 Transitional Kindergarten: Considering revising chapters 392-335 and 392-121 WAC to provide regulatory guidelines for school districts who choose to implement a Transitional Kindergarten program. Rules being considered would be intended to clarify the purpose of Transitional Kindergarten, establish uniform entry qualifications, and further define Transitional Kindergarten. 12/21/2022 23-01-135 Samantha Bowen
392-410 and 392-121 High School Credit for Work Experience: Considering rulemaking related to elective high school credit for work experience – clarify implementation requirements for schools and ensure students have access to elective credit. The rulemaking will not seek to impact or modify laws and rules related to employing youth. 10/19/2022 22-21-139 Jill Diehl
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 Tim McClain
  • 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

No results at this time.

CR 103P Adopted Rules (Permanent)

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-107 Educational Service District (ESD) Board of Directors: OSPI repealed 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 were no longer valid. 11/09/2022 22-23-060 Kristin Murphy
392-109 State Board of Education (SBE) Elected Members: OSPI repealed 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 were no longer valid. 11/09/2022 22-23-061 Kristin Murphy
392-122-430 thru -455 Finance – Physical, Social, Emotional Support Staff (PSES): Added new sections concerning compliance rules and calculations for provisions in SSHB 1664 (2022) and the 2022 supplemental budget (ESSB 5693) related to physical, social, and emotional support in schools. The legislation provided for increased funding allocations for physical, social, and emotional support through the prototypical school funding model beginning with the 2022-23 school year. The new rules ensure that local education agencies receive an allocation for basic education that is in alignment with the state budget. 11/30/2022 22-24-029 T.J. Kelly
392-136A Finance/Shared Leave: Shared leave statutes were amended by the Washington State Legislature (HB 2739 (2020)). OSPI amended the shared leave rules in chapter 392-136A WAC to align with current language in RCW 41.04.650 through 41.04.671 and articulate changes to the shared leave statutes as applicable to school district staff and educational service district staff. 02/14/2023 23-05-082 T.J. Kelly
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
392-162-100 and -115 Learning Assistance Program (LAP): Repeals WAC 392-162-100 and 392-162-115 to eliminate redundancies in language that already exists in statute and guidance. 11/30/2022 22-24-030 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
392-191A-160 & -190 Teacher and Principal Evaluation Program (TPEP): In collaboration with the TPEP Steering Committee, OSPI adopted changes 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. Changes effective on August 1, 2023. 01/20/2023 23-04-012 Katie Taylor
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
392-210 Honors Awards Program: Amends the process and procedures for the program, including updates to the process by which students are identified as being eligible for the Award, expanded testing and assessment options to be considered for qualification of the Award, and updates processes concerning notifications and award certificates. Repeals sections which are already identified in RCW or WAC. 11/30/2022 22-24-031 Tony May
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
392-550-035 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

No results at this time.

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.