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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-(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 Katherine Mahoney
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 Katherine Mahoney
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. 03/02/2022 22-06-098 Tony May
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
392-162 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. For information about the comment period and public hearing, please click on the "392-162" link. 05/25/2022 22-09-081 Annie Pennell
392-401-020 Absence - definitions: OSPI is considering amending the section to include mental health as an excusable absence. For information about the comment period and public hearing, please click on the "392-401-020" link. 05/24/2022 22-09-084 Krissy Johnson
392-550-035 and -050 Alternative Learning Experience (ALE) and WA-Kids: OSPI is considering amending rules to expand and clarify the methods through which full-day kindergarten can be implemented in an ALE setting. Public hearing on June 24, 2022. Written comments due by June 24, 2022. Information about the hearing and comment period is included in the "392-550-035 and -050" link under WAC Chapter column. 06/24/2022 22-11-044 Anissa Sharratt
392-700, 392-121-136, 392-122-221 Open Doors (drop-out youth reengagement) and Institutional Education programs: Concerning enrollment reporting related to students enrolled in both an institutional education program and a youth dropout reengagement program. Proposed changes related to amendments to RCW 28A.190.070. In addition, for all students enrolled in youth dropout reengagement programs, proposing updates to the face-to-face contact requirement for students, to expand options beyond in-person communication. (An emergency rule has also been filed, see WSR 22-06-028). Public hearing on June 22, 2022. Written comments due by June 22, 2022. Information about the hearing and comment period is included in the "392-700, 392-121-136, 392-122-221" link under WAC Chapter column. 06/22/2022 22-11-050 Becky McLean

CR 103P Adopted Rules (Permanent)

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-121-249 thru -299 School Finance-Certificated Staff: permanent rule revisions regarding 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
392-132-075 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
392-191A-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). The PESB recently made changes to WAC 181-79A-140 and 181-79A-142 concerning the types of certificates available to educators. Since the types of certificates are also referenced in the definitions section in WAC 392-191A-030, OSPI amended rule language to align with that of PESB. Aligning the language and WAC references was needed to clearly identify the certificate types included in the evaluation rules. 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 adjustment is needed to adequately support and maintain the operations of OSPI’s Professional Certification office. The existing fee was not sufficient to adequately run the operations and staffing to meet the needs of constituents, school districts, and educators in a timely manner. The fee is adjusted to $51 for initial educator certificate applications and subsequent actions. The fee for paraeducator certificates and subsequent actions is $39. 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. Please see "392-198" link for hearing details (at left of this section). Hearing scheduled for March 23, 2022. Comments are due by March 23. 2022. 04/05/2022 22-08-089 Annie Hetzel
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
392-410-350 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
392-550-040 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
392-140-973 National Board Certified Teachers (NBCT) - High Poverty Schools Bonus: Emergency rule allows for school free and reduced price meal counts taken from the October 1, 2019 High Poverty Schools Annual Report to carry over to the 2021-22 school year for the purpose of the High Poverty Schools NBCT bonus. The COVID-19 pandemic caused underreporting in 2020, thus affecting eligibility for the NBCT high poverty bonus. 05/03/2022 22-10-088 Steven Mueller
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. 05/13/2022 22-11-051 Annie Pennell
392-210 Honor Awards Program: (emergency rule) Allow for the continuation of the Washington Honors Award program for the 2021-22 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. The emergency amendment allows for additional assessment options and revises the selection of students to allow more flexibility for schools and streamline the process for OSPI. 03/02/2022 22-06-099 Tony May
392-700, 392-121-136, 392-122-221 Open Doors (drop-out youth reengagement) and Institutional Education programs: (emergency rule) For students enrolled in both an institutional education program and a youth dropout reengagement program, this emergency rule allows the student’s enrollment to be shared between an institutional education program and a youth dropout reengagement program. The change allows the student’s enrollment to exceed 1.0 FTE in these circumstances as recently enacted in RCW 28A.190.070. In addition, for all students enrolled in youth reengagement programs, allow for the required face-to-face interaction to be conducted in-person or via synchronous communication for the 2021-22 school year. Due to the ongoing COVID-19 pandemic, the emergency rule will ensure that students enrolled in youth reengagement programs will be able to access services through additional means of contact. (OSPI has also initiated regular rule making, see WSR 21-21-096). 02/23/2022 22-06-028 Becky McLean

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.