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Home » Policy & Funding » OSPI Rulemaking Activity

OSPI Rulemaking Activity

CR 101 Preproposal Statement of Inquiry

WAC Chapter Description Filing Date WA Register Agency Contactsort descending
392-162-120 Early implementation of K-2 literacy screening requirements - OSPI is considering rule making to provide funding parameters to school districts that choose to be early adopters of the Early Screening of Dyslexia (E2SSB 6162 (2018)). 03/03/2020 20-06-068 Aira Jackson
392-380 OSPI is considering rule making to 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 for the 2020-21 school year. Recently adopted rules by the Washington State Board of Health regarding school immunization requirements increase the possibility that students may be excluded from school due to non-compliance with these requirements. An emergency rule has also been filed (see CR103E section below, WSR 20-18-032). 10/07/2020 20-20-135 Camille Goldy
392-700 OSPI is considering rule making concerning high school reengagement programs which requires a minimum two hours a month of “face to face” program staff interaction with each student. A rule amendment is necessary to provide clarification regarding acceptable “face to face” engagements when a reengagement program is being administered in remote learning environments made necessary by the global COVID-19 pandemic. Since in-person interaction is not feasible for all students participating in remote learning, the proposed amendment is needed to ensure students will be able to access services through different means of contact in the 2020-21 school year. An emergency rule has also been filed (see CR103E section below, WSR 20-20-137). 09/16/2020 20-19-089 Katherine Mahoney
392-401 and 392-401A OSPI is initiating permanent rulemaking to make adjustments to the rules regarding absences in a continued effort to support the state and school districts in addressing the challenge of chronic absenteeism, improving learning outcomes and success in school for all students, and supporting the whole child. In addition, because health and safety considerations for staff and students related to the COVID-19 pandemic continue to require many school districts to provide instruction remotely, either completely or partially, OSPI is initiating rulemaking to adjust the statewide definition of absence to reflect districts’ ongoing need to provide remote learning for the remainder of the 2020-21 school year. OSPI is further considering adjusting the definition of absence to reflect remote learning opportunities in future school years. 10/21/2020 20-21-112 Krissy Johnson
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 Matt Smith
392-344-130 School Facilities – Small District Modernization: OSPI is considering rulemaking to allow 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. 03/03/2021 21-06-116 Scott Black
392-341, -342, -343, -344, -347 School Facilities – Study & Survey: Apply lean management principles to the study and survey process as required by Section 5015 of Chapter 413, Laws of 2019. Amending the rules is intended to ease the administrative process followed by school districts in conducting study and surveys. 01/06/2021 21-02-084 Scott Black
392-410-350 Seal of Biliteracy: OSPI is considering rule making concerning the Seal of Biliteracy to expand options for demonstrating English language proficiency to be consistent with Section 201(4)(b)(i)-(v) of HB 1599 (2019). Further, OSPI is considering updating and clarifying the rule to ensure Tribal languages, American Sign Language, and languages that may only be communicated orally (not through writing or reading) can be included in the criteria for awarding the Seal of Biliteracy. 11/17/2020 20-23-084 Veronica Trapani
  • 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 Chapter Description Hearing Date WA Register Agency Contactsort descending
392-380 OSPI is considering rule making to 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. Register in advance for the hearing: https://us02web.zoom.us/webinar/register/WN_WdHzOucRTmST_a8z8P59og 05/11/2021 21-08-081 Annie Hetzel
392-172A, 392-173, 392-140-60105 through -685 Special Education: OSPI is considering rule making changes to chapters 392-172A and 392-173 WAC, and WAC 392-140-60105 through -685, for the purpose of addressing changes to federal law and requirements, clarifying existing requirements under current state law that impact the free appropriate public education (FAPE) of students eligible for special education services, and adding requirements from ESHB 1130 (2020). In addition, the proposal makes housekeeping changes to correct typographical errors and reorganize WACs in this chapter for ease of reference, and other rule changes that are technical in nature. Public comments can be submitted until January 20, 2021. Please register, in advance, if interested in participating in public hearings: January 13 (3:30pm) or January 20 (9:00am). Hearing and comment information can also be found at the “392-172A, 392-173, 392-140-60105-685” link to the left or the “20-23-116” link to the right. Here are the links to the public hearings: January 13 https://us02web.zoom.us/webinar/register/WN_2LxX3ugPS_mfTBKJp8wjCg January 20 https://us02web.zoom.us/webinar/register/WN_0Tr7AyvwQ72dURf8BcNYig 01/13/2021 20-23-116 Glenna Gallo
392-410-350 Physical Education: The proposed rule change amends 392-410-135(1) for the 2020-21 school year only. The amendment would continue to allow that, for the 2020-21 school year only, instructional minutes for physical education can be less than the regularly required 100 instructional minutes per week for students in grades 1 through 8. Physical education instruction must still be provided to students in grades 1-12, unless otherwise waived per RCW 28A.230.040. The COVID-19 pandemic has required many school districts to provide instruction remotely in school year 2020-21, either completely or partially, in order to ensure the safety of their students, staff, and communities. This rule amendment would continue to provide flexibility for school districts to offer physical education instructional time for all students in grades 1-8 during the 2020-21 school year. Written comments concerning this proposed rule change can be submitted by March 23, 2021 (please see 21-05-072 link). If you are interested in participating in the hearing, please register in advance at this link: https://us02web.zoom.us/webinar/register/WN_AWdlS1cNTveWrjddJqfMPg 03/23/2021 21-05-072 Ken Turner
392-132-075 School Facilities – Non-high districts: Address capital construction agreements entered into by host and nonhigh school districts. Current rules could cause nonhigh school districts to be vulnerable to dissolution if the district and host high school district cannot agree to terms of capital construction financing. Amending the rules would provide nonhigh districts with basic protections and ensure host districts are able to secure necessary financing of capital construction projects. Register in advance for the hearing: https://us02web.zoom.us/webinar/register/WN_wge6QYLbSkm9cPKIgLp3IA 04/06/2021 21-06-115 Scott Black

CR 103P Adopted Rules (Permanent)

WAC Chapter Description Filing Date WA Register Agency Contactsort descending
392-550-025 Alternative Learning Experience (ALE): In August 2020, ALE rules were re-codified as Chapter 392-550 WAC. In this process, the codified timeline for implementation of an intervention plan, previously codified at WAC 392-121-182(7)(a)(ii)(B), was unintentionally omitted. Prior to the August 2020 rule recodification, schools offering ALE had five school days to implement an intervention plan after a determination of unsatisfactory student progress. Due to a typographical error, that requirement was unintentionally omitted when the ALE rules were re-codified as Chapter 392-550 WAC. There was no intention of removing the requirement, and schools offering ALE courses are accustomed to the five-day timeline. This expedited rule corrects the typographical drafting error and maintains the established intervention plan requirement. 03/01/2021 21-06-082 Anissa Sharratt
392-121-182 and 392-550 This rule making amends WAC 392-121-182 to remove non-fiscal alternative learning experience (ALE) provisions. It recodifies those provisions in a new standalone WAC chapter governing ALE (chapter 392-550 WAC), defines truancy expectations in ALE settings, and removes the current requirement to obtain a parent signature documenting the parent’s understanding of the difference between home-based instruction and ALE. 07/10/2020 20-15-062 Anissa Sharratt
392-164 Migrant Education Program – Federal law, adopted in 1988, concerning financial assistance to school districts for the program. This version of the law was repealed and replaced, making the related WACs obsolete. OSPI’s Migrant Education Program is governed by new federal statute and regulations. 02/20/2020 20-06-007 Dierk Meierbachtol
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
392-101 & 392-137 Procedures for filing appeals and due process hearing requests: Certain appeals submitted to OSPI, including nonresident student transfer appeals, are assigned to the Office of Administrative Hearings (OAH) for adjudication. This rulemaking simplifies the filing and transmittal process by allowing these appeals to be submitted directly to OAH from the filing party. Previously, appeals were filed with OSPI and then transmitted to OAH. The change simplifies the filing process, clarifies service requirements, reduces staff time and resource use for both OSPI and OAH staff, and clarifies cited authorities. Note: This rule making order does not include changes to 392-172A WAC related to due process hearing requests. 04/01/2020 20-08-135 Evan Gaffey
392-122 and 392-140-916 thru -939 Finance-Categorical Apportionment: housekeeping changes updating chapter to align with state and federal statutes, simplify language for clarity and readability, and made other technical revisions. 01/27/2021 21-04-039 Evan Gaffey
392-139 Finance: EHB 2242(2017) changed OSPI’s process and calculations in determining maximum school district levies starting in 2019. Rule making amends or repeal existing rules related to school district levies to create alignment with the revised levy statutes that were implemented on January 1, 2019. 12/17/2019 20-01-137 Michelle Matakas
392-140-970 through -976 National Board Certified Staff: revises 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. 01/21/2020 20-03-150 Ross Bunda
392-340-336 392-340-336(2) has been amended to include position five for the regional committee tasked with decision-making regarding school district boundaries.. “Position five” was inadvertently excluded in the list of regional committee member positions. 06/25/2020 20-14-038 Scott Black

CR 103E Emergency Adoption

WAC Chapter Description Filing Date WA Register Agency Contactsort descending
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. 04/15/2020 20-09-094 Aira Jackson
392-550-040 This emergency revision aligns truancy timelines for Alternative Learning Experience (ALE) settings with revised timelines for the non-ALE setting. In response to the pandemic cause by the COVID-19 virus, OSPI filed an emergency rule for WAC 392-401A-035 modifying truancy requirements for the non-ALE setting for the 2020-21 school year. This emergency revision aligns ALE truancy requirements for the remainder of the 2020-21 school year. 02/23/2021 21-06-032 Anissa Sharratt
392-121 Apportionment – student enrollment: This emergency rule amendment addresses how student enrollment will be reported as schools reopen for the 2020-21 school year through both the remote continuous learning and hybrid models. Due to the coronavirus pandemic, the immediate adoption of this emergency rulemaking order is necessary in order to provide a method for school districts to claim remote learning for state funding as students learn from home or attend class in-person on a rotating schedule. To that end, these rules change the September count day; provide extended time for student participation from September 2020 until September 30 as schools reopen and students receive access to instruction; amend alternative learning experience (ALE) requirements for the October 2020 count; and provide that the Running Start count day for December can be the last school day in November if the fall 2020 quarter does not have a December count day. 01/29/2021 21-04-065 Becky McLean
392-380 Clarify due process concerning school immunizations: The purpose of this emergency rule amendment to chapter 392-380 WAC is to 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 for the 2020-21 school year. Recent rules adopted by the Washington State Board of Health that went into effect August 1, 2020, regarding school immunization requirements increase the possibility that students may be excluded from school due to non-compliance with these requirements at the start of the 2020-21 school year. This, coupled with the current lack of clarity in chapter 392-380 WAC regarding procedural and substantive due process safeguards for students who are excluded from school due to non-compliance with immunization requirements, create an urgent need to immediately amend chapter 392-380 WAC. 12/23/2020 21-02-005 Camille Goldy, Martin Mueller
392-700-015 and -160 This emergency rule revision provides some necessary accommodations for youth reengagement programs as a result of the ongoing coronavirus (COVID-19) pandemic. First, the emergency rule provides necessary clarification regarding acceptable “face to face” engagements when a reengagement program is being administered in remote learning environments made necessary by the global COVID-19 pandemic. Second, the rule extends the reengagement programs apportionment count date for the month of September 2020 to allow schools to claim apportionment for students unable to enroll and begin school until later in the month due to the impact of the pandemic and wildfires. Third, the rule removes some “prior month” requirements for October 2020 apportionment to address the impact caused by late student enrollment and participation in September 2020 due to the COVID-19 pandemic. This emergency rule supersedes the previous emergency rule filed under WSR 20-18-081. Because face to face, in-person interaction is not feasible for all students participating in remote learning, this emergency rule amendment is necessary to ensure students will be able to access services through different means of contact in the 2020-21 school year. OSPI is initiating rulemaking to make this change permanent through the remainder of the 2020-2021 school year. 02/04/2021 21-05-006 Katherine Mahoney & Rhett Nelson
392-410-135 Physical Education: Temporarily suspend part of WAC 392-410-135 – concerning the requirement that all students in grades 1-8 receive at least one hundred instructional minutes per week, per year of physical education. Immediate suspension of part of this WAC is necessary to provide flexibility for school districts to adopt and implement a COVID-19 reopening plan that keeps students and staff safe and provides students with the opportunity to access educational services. A school district’s decision to operate a hybrid or fully remote learning model and to practice social distancing will directly impact the district’s ability to offer 100 minutes per week of face-to-face instructional time for all students in grades 1-8. This change does not remove the requirement for all students in grades 1-8 to receive instruction in physical education, per RCW 28A.230.040. 12/23/2020 21-02-006 Ken Turner
392-401A Definition of Absence for the 2020-21 School Year: The purpose of this emergency rule revision is to (1) define student absence in the 2020-21 school year for school districts across the state to collect and use daily attendance data during the COVID-19 epidemic, and (2) establish the minimum criteria of the attendance system that each school district must implement as required under WAC 180-16-200(4)(c). These rules continue to support the state and school districts in addressing the challenge of chronic absenteeism, improving learning outcomes and success in school for all students, and supporting the whole child. 02/16/2021 21-05-063 Krissy Johnson
392-344-130 School Facilities – Small District Modernization: Allow OSPI 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. 01/06/2021 21-02-083 Scott Black

CR 105 Expedited Rulemaking

No results at this time.

Notice of Policy Statement

WAC Chapter Description Filing Date WA Register Agency Contactsort descending
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.