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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 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teachers and other certificated instructional staff after the 2017-18 school year; and (2) amend rules to discontinue outdated language, such as "staff mix" and LEAP salary allocation documents, while continuing to collect education and experience data during the 2018-19 transitional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
392-157 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
392-101, 392-137, 392-172A Procedures for filing appeals and due process hearing requests: Certain appeals submitted to OSPI, including special education due process hearing requests and nonresident student transfer appeals, are assigned to the Office of Administrative Hearings (OAH) for adjudication. Currently, these appeals are filed with OSPI and transmitted to OAH. OSPI is considering rulemaking that would simplify the filing and transmittal process by allowing these appeals to be submitted directly to OAH from the filing party. The proposed change would simplify the filing process, clarify service requirements, reduce staff time and resource use for both OSPI and OAH staff, and clarify cited authorities. The impact on filing parties would be a change of filing methods and addresses, adopting Federal standards for certain timelines, and clarity on service requirements. 01/07/2020 19-24-077 Evan Gaffey
392-139 Finance: EHB 2242(2017) changed OSPI’s process and calculations in determining maximum school district levies starting in 2019. OSPI is proposing to amend or repeal existing rules related to school district levies to create alignment with the revised levy statutes that were implemented on January 1, 2019. 12/03/2019 19-21-145 Michelle Matakas
392-140-970 through -976 National Board Certified Staff: OSPI is considering revising rules regarding administration of the salary bonus for teachers and other certificated instructional staff who hold current certification by the national board for professional teaching standards. 01/07/2020 19-23-092 Ross Bunda

CR 103P Adopted Rules (Permanent)

WAC Chaptersort descending Description Filing Date WA Register Agency Contact
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
392-140-973 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
392-141-410 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. This revision allows a one year only carryover of unspent funds for the 2019-20 school year to prevent the recovery of 2018-19 allocation. 10/04/2019 19-21-020 Patti Enbody
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
392-151 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
392-191A-030 and -080 Teacher & Principal Evaluation Program (TPEP): Updates 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 revision ensures the WAC reflects state statutes. Amended 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 aligns with E2SHB 1139 (2019). 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. 09/17/2019 19-19-069 Sue Anderson
392-196 Teacher Assistance Program (TAP): Repeals chapter 392-196 WAC. The Teacher Assistance Program (TAP) was authorized under RCW 28A.415.250, which directed OSPI to adopt rules to establish and operate the program. RCW 28A.415.250 was repealed in 2013 and has not been replaced by another statute providing statutory authority for the rule. 11/26/2019 19-24-044 Dierk Meierbachtol
392-330 State Magnet Schools: Repeals chapter 392-330 WAC 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. 11/26/2019 19-24-046 Dierk Meierbachtol
392-400 Revisions to Student Discipline Rules Student Discipline Rules Information Concise Explanatory Statement 07/30/2018 18-16-081 Dierk Meierbachtol
392-400 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
392-405 Recodify 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 recodifies WAC 392-400-226 into a new, stand-alone chapter of the Washington Administrative Code – chapter 392-405 WAC. The rule making made no material change to the rule other than the change in chapter number. 09/10/2019 19-19-022 Dierk Meierbachtol
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
392-725 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
392-162-120 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

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.