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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
392-121-182 Alternative Learning Experience (ALE) - SSHB 1170 (2017) authorizes OSPI to adopt rules and bring consistency to truancy definitions in ALE settings per RCW 28A.232.030. OSPI is considering initiating rule making to include these rules in the section of the Washington Administrative Code governing ALE, WAC 392-121-182. Because the inclusion of truancy rules in the ALE rules would widen the scope of the rules beyond the topic of finance, OSPI is considering recodifying WAC 392-121-182 into a standalone ALE program chapter in Title 392 WAC. This would provide an opportunity to reorganize existing rule language and adopt other potential edits to clarify language and address barriers to accessing ALE. 08/19/2019 WSR 19-17-060 Anissa Sharratt
392-121-266 thru -295 Finance - Certificated - OSPI is considering rulemaking that would: (1) repeal rules that are no longer needed after the Washington State Legislature discontinued "staff mix" in state funding and compensation for teachers and other certificated instructional staff after the 2017-18 school year; and (2) amend rules to discontinue outdated language, such as "staff mix" and LEAP salary allocation documents, while continuing to collect education and experience data during the 2018-19 transitional year. 11/21/2018 18-23-109 Ross Bunda
392-137-190-200/392-172A-05085/392-101 Streamlining the filing procedure for inter-district student transfer appeals and special education due process hearing requests. Change procedure to allow for filing of appeals/hearing requests directly to OSPI's designee, Office of Administrative Hearings. 12/19/2018 19-01-112 Evan Gaffey
392-139 Finance: EHB 2242 (2017) drastically changes OSPI's process and calculations in determining maximum school district levies starting in 2019. Proposed changes would amend or repeal several sections previously known as maintenance and operations levies, now called "enrichment levies." 12/13/2018 19-01-041 T.J. Kelly
392-140-973 National Board Certified Teachers Salary Bonus Eligibility - allow schools that participate in the National School Breakfast and Lunch Program’s Provision 2 meal service option and have historically been challenging high-poverty schools (“challenging schools”) for purposes of the National Board Certified Teaches (NBCT) bonus to continue to qualify as challenging schools for the duration of their Provision 2 eligibility. 09/03/2019 19-18-076 Steven Mueller
392-153 Traffic Safety - Driver Education: revisions related to ESHB 1481 (2017) which requires OSPI and the WA Department of Licensing to develop core curriculum to be followed by school districts, private schools, and commercial driving schools. Also, development of a certification process. Technical clarifications and revisions may be included, as needed. 06/19/2018 18-13-102 Patti Enbody
392-157 Child Nutrition - OSPI is considering revising chapter 392-157 WAC to (1) better align the rules with State Auditor performance audit results, leading research, and national best practices to improve health and learning outcomes for students by requiring a minimum-seated lunchtime of 20 minutes in K-12 public schools and recess before lunch in elementary schools; and (2) technical changes to streamline the chapter. 09/04/2019 19-18-094 Leanne Eko
392-320 School Administrator Internship Program - E2SHB 1139 (2019) made changes to the Administrator Internship Program. Among the changes, the program will now be administered by OSPI. Therefore, OSPI is considering rule making to address this and any additional changes that may be needed. 09/03/2019 19-18-077 Timothy York
  • 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
392-141 Student Transportation: Districts received a one-time legislative salary and benefit increase included in the transportation operations allocation for the 2018-19 school year to reflect the compensation increase with the passage of E2SSB 6362. Districts may not have time to utilize the increase in funds and may face recovery of transportation funds not expended. A new section to WAC 392-141-410 would allow a one year only carryover of unspent funds for the 2019-20 school year to prevent the recovery of 2018-19 allocation. 10/01/2019 19-11-112 Patti Enbody

CR 103P Adopted Rules (Permanent)

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-105 Updating public records rules for OSPI (in response to recent legislation revising the Public Records Act). Proposed changes reorganize and streamline chapter, including clarifications on making public records requests, costs associated with public records, guidelines for inspection of records. 06/14/2018 18-13-060 Dierk Meierbachtol
392-121-182 Alternative Learning Experience (ALE): Proposed changes reflect modifications to ALE course-type definitions made in Senate Bill 6134 (2018), which became effective June 7, 2018. The definition of "site-based course" will change from a course where a student has at least twenty percent in-person instructional contact time to one where the student has any in-person instructional contact time. The definition of "remote course" will change to having less than twenty percent of in-person instructional contact time to no in-person instructional contact time. 09/13/2018 18-19-040 Rhett Nelson
392-121-182 Update ALE (Alternative Learning Experience) rules to ensure school districts and charter schools comply with statutory Full-Day Kindergarten (FDK) requirements when offering ALE to students. 04/26/2018 18-10-045 Becky McLean
392-121-415 Apportionment - Remove language that reduces state basic education apportionment payments by proceeds from the sale, rental or lease of stone, minerals, timber, forest products, other crops and matter, and improvements from or on tax title real property managed by a county pursuant to chapter 36.35 RCW. The purpose is to ensure that local revenue does not offset costs of basic education as prescribed in EHB 2242 (2017). 12/13/2018 19-01-040 T.J. Kelly
392-121-415 Eliminates WAC 392-121-415(2), which required the Office of Superintendent of Public Instruction (OSPI) to deduct proceeds from state forest payments under RCW 79.22.040 and 79.22.050 from school district and charter school basic education apportionment payments. Eliminating the requirement to treat state forest revenue as a deductible revenue will allow approximately 80 school districts, mostly rural, to keep approximately $13 to $17 million in funds from which they currently get no benefit. 04/24/2018 18-10-025 T.J. Kelly
392-122-900 Learning Assistance Program (LAP) carryover and recovery calculation rules - allow unspent LAP high poverty funds to carryover to next school year ensuring funding for students in need of additional support can be utilized as the Legislature intended. 09/24/2018 18-20-023 T.J. Kelly
392-136A Pursuant to RCW 28A.400.380, every school district board of directors and educational service district superintendent may, in accordance with RCW 41.04.650 through 41.04.665, establish and administer a leave sharing program for their certificated and classified employees. RCW 28A.400.380 further authorizes OSPI to adopt standards establishing (1) appropriate parameters for the program that are consistent with RCW 41.04.650 through 41.04.665, and (2) procedures to ensure that the program does not significantly increase the cost of providing leave. OSPI has adopted rules under this authority at WAC 392-126-004 through 104. OSPI intends to amend these rules for the purpose of aligning them with the underlying statutes, RCW 41.04.650 through 41.04.665, establishing appropriate parameters and procedures for district shared leave programs, and making technical and housekeeping revisions. 05/24/2019 19-12-013 T.J. Kelly
392-140 & -122 Updating rules to address the elimination of K-3 high poverty school enhanced funding and clarify the process to determine K-3 class size compliance. 02/05/2019 19-04-097 Becky McLean
392-140-600 thru -675 Special Education: Safety Net funding process improvements 12/13/2018 19-01-039 Glenna Gallo
392-140-950 through -967 Learning Improvement Days (LID) - Repeal rules related to Learning Improvement Days. These rules have not been used since school year 2010-11, are no longer needed, and have become obsolete. 09/13/2018 18-19-041 Ross Bunda
392-140-973 NBCT (National Board Certified Teachers) allow schools that participate in the School Breakfast and National School Lunch Program's Community Eligibility Provision (CEP) meal service option and have historically been challenging high-poverty schools ("challenging schools") for purposes of the National Board Certified Teacher (NBCT) bonus to continue to qualify as challenging schools for the duration of their CEP eligibility. 12/28/2018 19-02-067 Steven Mueller
392-140-973 Align compilation date for student poverty data with other state funding processes for the purposes of calculating the National Board salary bonus for instructional assignment in challenging, high-poverty schools (for teachers and other certificated instructional staff who hold national board certification). 07/03/2018 18-14-103 Ross Bunda
392-140-976 NBPTS (National Board candidates) - Align the terms of the conditional loan with the length of candidacy as defined by NBPTS. Candidates have up to five years to complete certification. The proposed rule change would allow repayment to begin at the five-year mark and not the three-year/mid-candidacy point, as is currently the case. 08/22/2018 18-17-181 Carrie Dubuque
392-143 Multi-function school activity buses 04/17/2018 18-09-092 Glenn Gorton
392-144 Define hearing process for school bus drivers, updates to disqualifying requirements, minimum requirements for non-CDL drivers. 08/01/2019 19-16-092 Kim Kimbler
392-145 Student Transportation: Two brief technical revisions - (1) SDs - related to low visibility bus stops - removes "state patrol" from needing to be notified. State patrol does not review road signs and locations on local roads. (The school district still must notify and work with the local jurisdiction roads department for proper signage or other remedy). (2) Bus Driver procedures - removes "parking" when describing applying brakes as there are other brakes that need to be set in addition to the parking brake when loading/unloading passengers. 08/01/2018 18-16-121 Glenn Gorton
392-151 School safety patrol - proposed revisions would bring the school safety patrol operations up-to-date with current safety standards. 12/14/2018 19-01-058 Glenn Gorton
392-170 Highly Capable: Engrossed Second Substitute Senate Bill 6362 (2018) added a new section to 28A.300 - effective starting SY2018-19. Establishes criteria school districts must use in identifying qualifying students for highly capable programs. Requires OSPI to provide guidance for highly capable programs that must be regularly updated and aligned with evidence-based practices. 01/22/2019 19-03-152 Jody Hess
392-400 Student Discipline: On July 30, 2018, OSPI adopted final rules that comprehensively revised chapter 392-400 WAC, which provides rules governing how a public school district may administer student discipline. Several sections of the chapter are effective, as amended, for the 2018-19 school year only. OSPI is initiating rulemaking that would repeal those sections before the commencement of the 2019-20 school year and make some minor housekeeping revisions to a handful of provisions that are set to go into effect July 1, 2019. The rulemaking would also recodify WAC 392-400-226 (pertaining to harassment, intimidation, and bullying). 05/31/2019 19-12-050 Dierk Meierbachtol
392-400 Revisions to Student Discipline Rules Student Discipline Rules Information Concise Explanatory Statement 07/30/2018 18-16-081 Dierk Meierbachtol
392-401 Revising definition of absence. Align OSPI's data collection with federal reporting. 05/03/2018 18-11-011 Krissy Johnson
392-410-150 Sexual Health Education: Child sexual abuse prevention in K-12 schools (Erin's Law) - HB 1539 authorizes OSPI to collect and disseminate to school districts information on and curricula for the coordinated program for the prevention of sexual abuse of K-12 students, child abuse, and neglect established in RCW 28A.300.160. OSPI is further authorized to adopt rules addressing the prevention of sexual abuse of students in K-12 and child abuse for purposes of curricula used in public schools. 08/06/2019 19-16-138 Andrea Wessel
392-503 and 392-501-707 thru -740 Required Action Districts (RAD) - The RAD process and rules provide, per statute, additional supports to districts and schools with persistent challenges in demonstrating progress in improving outcomes for students. The RAD process was originally designed under the federal No Child Left Behind Act, which has since been reauthorized as the Every Child Succeeds Act. Some changes to RAD are required to align the state-directed RAD process with the new federally required accountability framework. OSPI and State Board of Education staff are engaged in a collaborative effort to improve the RAD process, and the agencies' respective rulemaking will reflect the outcomes of that collaboration. 03/29/2019 19-08-045 Katherine Mahoney
392-700 Open Doors Programs - increase annual hours of instruction provided by Open Doors programs from 900 to 1,000 beginning with SY 2018-19 as required under RCW 28A.150.260 08/06/2018 18-17-031 Becky McLean
392-725 OSPI is considering amending chapter 392-725 WAC to clarify provisions of the College in the High School (CHS) program that would explicitly define "College in the High School program," explain the process for colleges to regain eligibility to offer a CHS program after being held accountable for unmet program standards, modify a high school faculty standard pertaining to instructor participation in annual professional development, and add language from WAC 180-51-050 to the explanation of conferring high school credit. 05/31/2019 19-12-049 Katherine Mahoney

CR 103E Emergency Adoption

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-141 Student Transportation: Districts received a one-time legislative salary and benefit increase included in the transportation operations allocation for the 2018-19 school year to reflect the compensation increase with the passage of E2SSB 6362. Districts may not have time to utilize the increase in funds and may face recovery of transportation funds not expended. A new section to WAC 392-141-410 would allow a one year only carryover of unspent funds for the 2019-20 school year to prevent the recovery of 2018-19 allocation. A CR101 was filed on 5/21/19 (WSR 19-11-112) for the regular rule making process for this WAC. 06/20/2019 19-14-007 Patti Enbody
392-162-120 Provide funding parameters to school districts that choose to be early adopters of the Early Screening of Dyslexia (E2SSB 6162) starting in SY 2019-20. 08/19/2019 19-17-059 Aira Jackson
392-405 The proposed change recodifies rules for Harassment, Intimidation and Bullying into a new, stand-alone chapter of the Washington Administrative Code. The rule was previously codified at WAC 392-400-226. As part of housekeeping changes made to chapter 392-400 WAC in 2019, WAC 392-400-226 was repealed effective 7/1/19. This rule making will recodify WAC 392-400-226 into a new, stand-alone chapter of the Washington Administrative Code – chapter 392-405 WAC. The proposed rule making makes no material change to the rule other than the change in chapter number. 06/27/2019 19-14-046 Dierk Meierbachtol

CR 105 Expedited Rulemaking

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
392-191A-030 and -080 Teacher & Principal Evaluation Program (TPEP): OSPI is proposing to amend WAC 392-191A-030 to update the definitions of “Certificated classroom teacher” and “teacher” to reflect changes in certification categories enacted by the Professional Educators Standards Board (PESB) in WAC 181-79A-140. The proposed revision will ensure the WAC reflects state statutes. OSPI is also proposing to amend WAC 392-191A-080 to update the frequency of the comprehensive evaluation for a teacher or principal eligible for a focused evaluation, from at least once every four years to at least once every six years. This change will align with E2SHB 1139 (2019). The Teacher and Principal Evaluation Program Steering Committee has reviewed the proposed changes. The changes will ensure that districts have clear and consistent guidance on the certification categories that are affected by the revised evaluation process and the minimum frequency of the comprehensive evaluation process for teachers and principals. 06/19/2019 19-13-105 Sue Anderson
392-330 OSPI is considering repealing chapter 392-330 WAC, concerning State Magnet School Program, which was adopted in 1993 to implement a grant program authorized in the operating budget during the 1993-1995 biennium. The magnet school projects funding proviso and OSPI’s authority to promulgate rules related to the grants were discontinued in the 1995-97 operating budget and have not been renewed. Because the statutory authority on which the rule is based has been repealed and the rule is no longer necessary because the magnet school grant program no longer exists, OSPI is proposing to repeal chapter 392-330 WAC through expedited rule making. 09/04/2019 19-18-086 Dierk Meierbachtol
392-405 The proposed change recodifies rules for Harassment, Intimidation and Bullying into a new, stand-alone chapter of the Washington Administrative Code. The rule was previously codified at WAC 392-400-226. As part of housekeeping changes made to chapter 392-400 WAC in 2019, WAC 392-400-226 was repealed effective 7/1/19. This rule making will recodify WAC 392-400-226 into a new, stand-alone chapter of the Washington Administrative Code – chapter 392-405 WAC. The proposed rule making makes no material change to the rule other than the change in chapter number. 06/27/2019 19-14-045 Dierk Meierbachtol

Manual Changes - Public Hearing Scheduled

WAC Chaptersort descending Description Hearing Date WA Register Agency Contact
392-125-010 Public Hearing for updates to the Educational Service District Accounting Manual. Hearing will be September 10, 2019 at 10:00 a.m. (OSPI – Wanamaker Room). 09/10/2019 WSR1916119 Paul Stone