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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
392-122 and 392-140-916 thru -939 Finance-Categorical Apportionment: proposing housekeeping changes updating chapter to align with state and federal statutes, simplify language for clarity and readability, and make other technical revisions. 02/04/2020 20-04-082 Dierk Meierbachtol
392-172A, 392-173, 392-140-601 through -685 OSPI is considering amending and/or adding new sections to current special education rules 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, including new requirements under ESHB 1130 (2019); and (3) make housekeeping changes to correct typographical errors, reorganize WACs for ease of reference, and make other rule changes that are technical in nature. 01/21/2020 20-03-151 Glenna Gallo
  • 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 Chapter Description Filing Date WA Register Agency Contactsort descending
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
392-121-182 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
392-140 & -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
392-164 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
392-405 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
392-196 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 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
392-101 & 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
392-170 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
392-503 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
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
392-139 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
392-141-410 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
392-140-970 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
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
392-136A 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

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
392-901 Special Rules for Emergency School Closures in the 2019-2020 School Year: This emergency rulemaking establishes the terms and conditions governing local education agencies’ entitlement to receive state basic education apportionment allocations during the 2019-2020 school year when the local education agencies could not offer the statutory minimum number of school days or annual average total instructional hour offerings due to emergency closures caused by the COVID-19 pandemic and other unforeseen events. The emergency rulemaking also addresses standards for continuous learning for the remainder of the 2019-2020 school year. 04/29/2020 WSR 20-10-044 Dierk Meierbachtol
392-700-015 Students being served through reengagement programs under chapter 392-700 WAC must still be able to receive educational services, including the face to face interaction time required under WAC 392-700-015, as school districts begin the year by offering remote learning due to the global COVID-19 pandemic. Because face to face, in-person interaction is not feasible for all students participating in remote learning, this amendment is necessary to ensure students will be able to access services through different means of contact in the 2020-21 school year. 09/01/2020 20-18-081 Katherine Mahoney
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. 08/24/2020 20-18-017 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. 08/13/2020 20-17-086 Krissy Johnson

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

WAC Chapter Description Hearing Date WA Register Agency Contactsort descending
n/a School District Accounting Manual changes – public hearing on July 28 at 10:00am via Zoom, follow this link to register: https://zoom.us/meeting/register/tJIpdeytrT0vE9G-IO24UtIOWBcAA4M6QMFG 07/14/2020 20-15-076 Paul Stone