Chapter 392-172A Provision of special education services.

The state authority for this chapter is RCW 28A.155.090(7). This authority enables the superintendent of public instruction to promulgate rules and regulations to implement chapter 28A.155 RCW. This authority is supplemented by RCW 28A.300.070 which authorizes the superintendent …

The purposes of this chapter are to:(1) Implement chapter 28A.155 RCW consistent with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;(2) Ensure that all students eligible for special education services have available to them a free appropriate public…

(1)(a) The provisions of this chapter apply to all political subdivisions and public institutions of the state that are involved in the education of students eligible for special education services, including:(i) The office of superintendent of public instruction (OSPI) to the ex…

Act means Part B of the Individuals with Disabilities Education Act, as amended.[Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A…

Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student eligible for special education services…

Assistive technology service means any service that directly assists a student eligible for special education services in the selection, acquisition, or use of an assistive technology device. The term includes:(1) The evaluation of the needs of a student, including a functional e…

A behavioral intervention plan is a plan incorporated into a student's IEP if determined necessary by the IEP team for the student to receive FAPE. The behavioral intervention plan, at a minimum, describes:(1) The pattern of behavior(s) that impedes the student's learning or the …

A charter school means a public school governed by a charter school board and operated according to the terms of a charter contract executed under chapter 28A.710 RCW and includes a new charter school and a conversion charter school. A charter school also has the same meaning giv…

(1)(a) Child with a disability or as used in this chapter, a student eligible for special education services means a student who has been evaluated and determined to need special education services because of having a disability in one of the following eligibility categories: Int…

(1) Consent means that:(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;(b) The parent understands and agrees in writing to the carrying out of the activit…

(1) Day means calendar day unless otherwise indicated as business day or school day.(2) Business day means Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of a business day, in other sections of this chapt…

Educational service agency means:(1) A regional public multiservice agency:(a) Authorized to develop, manage, and provide services or programs to students eligible for special education services within school districts;(b) Recognized as an administrative agency by the OSPI for pu…

Elementary or secondary school means a public school, a nonprofit institutional day or residential school including a private school, and a public charter school that provides education to students in any combination of kindergarten through twelfth grade. The definition does not …

English learner has the meaning given the term in 20 U.S.C. Section 7801(20). The term "English learner," when used with respect to an individual, means an individual:(1) Who is aged three through twenty-one;(2) Who is enrolled or preparing to enroll in an elementary school or se…

Equipment means:(1) Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and(2) All other items necessary for the functioning of a particular facility as a facility for the provision of education…

Evaluation means procedures used in accordance with WAC 392-172A-03005 through 392-172A-03080 to determine whether a student has a disability and the nature and extent of the special education and related services that the student needs.[Statutory Authority: RCW 28A.155.090(7) an…

Excess costs means those costs that are in excess of the average annual per-student expenditure in a school district during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting:(1) Amounts…

Free appropriate public education or FAPE means special education and related services that:(1) Are provided at public expense, under public supervision and direction, and without charge;(2) Meet the standards of the OSPI, and the act;(3) Include an appropriate preschool, element…

Homeless children has the meaning given the term homeless children and youths in section 725 (42 U.S.C. Sec. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. Sec. 11431 et seq.[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-…

Imminent as defined in RCW 71.05.020 means: The state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.[Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01092, filed 9/14/21, effective 10/15/21. Statutory Authority:…

Include means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01095, filed 6/29/07, effective 7/30/07.]

Individualized education program or IEP means a written statement of an educational program for a student eligible for special education services that is developed, reviewed, and revised in accordance with WAC 392-172A-03090 through 392-172A-03135.[Statutory Authority: RCW 28A.15…

Individualized education program team or IEP team means a group of individuals described in WAC 392-172A-03095, responsible for developing, reviewing, or revising an IEP.[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01105, filed 6/…

Isolation as defined in RCW 28A.600.485 means: Restricting the student alone within a room or any other form of enclosure, from which the student may not leave. It does not include a student's voluntary use of a quiet space for self-calming, or temporary removal of a student from…

Likelihood of serious harm as defined in RCW 71.05.020 means:(1) A substantial risk that:(a) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to die by suicide, or inflict physical harm on oneself;(b) Physical harm will b…

(1) Local educational agency or the term "school district" as used in this chapter, means a public board of education or other public authority legally constituted for either administrative control or direction of, or to perform a service function for, any combination of public e…

(1) Native language, when used with respect to an individual who is an English learner, means the following:(a) The language normally used by that individual, or, in the case of a student, the language normally used by the parents of the student, except as provided in (b) of this…

(1) Parent means:(a) A biological or adoptive parent of a child;(b) A foster parent;(c) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the student, but not the state, if the student is a ward of the state;(d) An indiv…

Parent training and information center means a center assisted under sections 671 or 672 of the act.[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01130, filed 6/29/07, effective 7/30/07.]

Part-time enrollment means a student eligible for special education services who is home schooled or attends private school, and whose parent chooses to enroll the student in his or her resident school district for special education or related services pursuant to RCW 28A.150.350…

Personally identifiable means information that contains:(1) The name of the student, the student's parent, or other family member;(2) The address of the student;(3) A personal identifier, such as the student's Social Security number or student number; or(4) A list of personal cha…

Positive behavioral interventions are strategies and instruction that can be implemented in a systematic manner in order to provide alternatives to challenging behaviors, reinforce desired behaviors, and reduce or eliminate the frequency and severity of challenging behaviors. Pos…

Private school means a nonpublic school or nonpublic school district conducting a program consisting of kindergarten and at least grade one, or a program of any combination of grades one through twelve and meeting:(1) Minimum state board private school approval standards as outli…

Public agency includes school districts, educational service agencies, charter schools, state operated programs identified in WAC 392-172A-02000 and any other political subdivisions of the state that are responsible for providing special education or related services or both to s…

Regular early childhood program means a program that includes fifty percent or more children who do not have an IEP. Programs may include, but are not limited to, the following: Head start; early childhood education and assistance program (ECEAP); transitional kindergarten; kinde…

(1) Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a student eligible for special education services to benefit from special education services, and includes speech-language pathology and audiology…

Residency or resident student has the same meaning as is defined in WAC 392-137-115.[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01160, filed 6/29/07, effective 7/30/07.]

Restraint as defined in RCW 28A.600.485 means: Physical intervention or force used to control a student, including the use of a restraint device to restrict a student's freedom of movement. It does not include appropriate use of a prescribed medical, orthopedic, or therapeutic de…

Restraint device as defined in RCW 28A.600.485 means: A device used to assist in controlling a student including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers, or batons. This section shal…

Scientifically based research:(1) Means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and(2) Includes research that:(a) Employs systematic, empirical m…

Services plan means a written statement that describes the special education and related services the school will provide to a parentally placed student eligible for special education services who is enrolled in an approved, nonprofit private elementary or secondary school who ha…

(1) Special education services means specially designed instruction, at no cost to the parents, to meet the unique needs of a student eligible for special education services, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in othe…

State educational agency or SEA means the office of superintendent of public instruction (OSPI).[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01180, filed 6/29/07, effective 7/30/07.]

The term "supplementary aids and services" means aids, services, and other supports that are provided in education-related settings to enable students eligible for special education services to be educated with nondisabled students to the maximum extent appropriate in accordance …

(1) Transition services means a coordinated set of activities for a student eligible for special education services that:(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate his …

The term universal design has the meaning given the term in section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. Sec. 3002. It means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible r…

Universal design for learning (UDL) is a framework to improve and optimize teaching and learning for all students based on research showing how students learn. The goal of UDL is to use a variety of teaching methods to remove and reduce barriers to learning and provide each stude…

Ward of the state means a student within the jurisdiction of the department of children, youth, and families, children's administration through shelter care, dependency or other proceedings to protect abused and neglected children, except that it does not include a foster child w…

(1) Each school district and residential or day schools operated under chapters 28A.190 and 72.40 RCW shall provide every student who is eligible for special education services between the age of three and twenty-one years, a free appropriate public education program (FAPE). The …

(1) A student eligible for special education services residing in a state adult correctional facility is eligible for special education services pursuant to chapter 28A.193 RCW. The department of corrections is the agency assigned supervisory responsibility by the governor's offi…