Chapter 392-172A Provision of special education services.

(1) School personnel may remove a student to an interim alternative educational setting for not more than forty-five school days without regard to whether the behavior is determined to be a manifestation of the student's disability, if the student:(a) Carries a weapon to or posse…

On the date on which the decision is made to make a removal that constitutes a change of placement of a student eligible for special education services because of a violation of a code of student conduct, the school district must notify the parents of that decision, and provide t…

(1) For purposes of removals of a student eligible for special education services from the student's current educational placement, because of disciplinary removals, a change of placement occurs if:(a) The removal is for more than ten consecutive school days; or(b) The student ha…

(1) The parent of a student eligible for special education services who disagrees with any decision regarding placement under WAC 392-172A-05145 and 392-172A-05155, or the manifestation determination under WAC 392-172A-05146, or a school district that believes that maintaining th…

When either the parent or the school district requests a due process hearing, the student must remain in the interim alternative educational setting pending the decision of the administrative law judge or until the expiration of the time period specified in WAC 392-172A-05148 or …

(1) A student who has not been determined to be eligible for special education and related services under this chapter and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in this chapter if the school district ha…

(1) Nothing in this chapter prohibits a school district or other agency from reporting a crime committed by a student to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of fed…

As used in WAC 392-172A-05180 through 392-172A-05245:(1) Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.(2) Education records means the type of records covered under the defin…

(1) Parents of students eligible for special education services have rights regarding the protection of the confidentiality of any personally identifiable information collected, used, or maintained under WAC 392-172A-05180 through 392-172A-05240, the Family Educational Rights and…

(1) Each participating agency shall permit parents of students eligible for special education services to inspect and review, during school business hours, any educational records relating to the student which are collected, maintained, or used by the district or other public age…

Each school district or other public agency shall keep a record of parties obtaining access to educational records collected, maintained, or used under this chapter including the name of the party, the date access was given, and the purpose for which the party is authorized to us…

If any educational record includes information on more than one student, the parent of those students shall have the right to inspect and review only the information relating to their child or themselves, or to be informed of that specific information.[Statutory Authority: RCW 28…

Each school district or other public agency shall provide parents and adult students on request a list of the types and locations of educational records collected, maintained, or used by the agency.[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078…

(1) A participating agency may charge a fee for copies of records which are made for parents under this chapter if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.(2) A participating agency may not charge a fee to s…

(1) A parent of a student who believes that information in educational records collected, maintained, or used under this chapter is inaccurate or misleading or violates the privacy or other rights of the student may request that the school district which maintains the information…

A hearing initiated pursuant to WAC 392-172A-05215 to challenge information in educational records shall be conducted according to procedures developed by the school district or other public agency, and in conformance with the procedures in 34 C.F.R. 99.22 that include at least t…

(1) Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with subsection (2)(a) of this section, unless the information is contained in education records, and the disclos…

(1) Each participating agency shall protect the confidentiality of personally identifiable information at the collection, storage, disclosure, and destruction stages.(2) One official at each participating agency shall be designated as the individual responsible for assuring the c…

(1) Each school district shall inform parents and adult students when personally identifiable information collected, maintained, or used in compliance with this chapter is no longer needed to provide educational services to the student, or is no longer required to be retained und…

If the rights accorded to parents under this chapter are transferred to a student who reaches the age of eighteen, or is determined to be emancipated sooner, consistent with WAC 392-172A-05135, the rights regarding educational records are also transferred to the student. However,…

(1) School districts must ensure that their policies and procedures for protection of confidential information comply with WAC 392-172A-05180 through 392-172A-05240.(2) OSPI reviews compliance through targeted monitoring activities, and state complaints.(3) If school districts do…

As a condition of receipt and expenditure of federal special education funds, a school district or other public agency shall annually submit a request for federal funds to the OSPI, and conduct its special education and related services program in compliance with the requirements…

The school district or other public agency, in providing for the education of students eligible for special education services must have in effect policies, procedures, and programs that are consistent with the state policies and procedures established in this chapter.[Statutory …

(1) Part B funds provided to school districts:(a) Must be expended in accordance with the applicable provisions of this chapter;(b) Must be used only to pay the excess costs of providing special education and related services to students eligible for special education services, c…

(1)(a) Eligibility standard. For purposes of establishing the school district's eligibility for an award for a fiscal year, the OSPI must determine that the school district budgets, for the education of students eligible for special education services, at least the same amount, f…

A school district or other public agency may reduce the level of expenditures made by it under Part B of the IDEA below the level of those expenditures for the preceding fiscal year if the reduction is attributable to:(1) The voluntary departure, by retirement or otherwise, or de…

(1) Notwithstanding WAC 392-172A-06010 and 392-172A-06015(2) and except as provided in subsection (4) of this section, for any fiscal year for which the allocation received by a school district exceeds the amount the school district received for the previous fiscal year, the scho…

(1) A school district may use funds received under Part B of the act for any fiscal year to carry out a school wide program under 20 U.S.C. Section 6314, except that the amount used in any school wide program may not exceed:(a) The amount received by the school district under Par…

(1) Funds provided to a school district under Part B of the act may be used for the following activities:(a) For the costs of special education and related services, and supplementary aids and services, provided in a general education class or other education-related setting to a…

The OSPI has elected to coordinate with the National Instructional Materials Access Center (NIMAC). School districts have the option of coordinating with NIMAC.(1) Not later than December 3, 2006, a school district that chooses to coordinate with NIMAC, when purchasing print inst…

(1) The school district must provide the OSPI with information that is necessary to enable the OSPI to carry out its duties under Part B of the act and state law including, but not limited to, child count, least restrictive environment, suspension and expulsion rates, disproporti…

The school district must make available to parents of students eligible for special education services and to the general public all documents relating to the eligibility of the school district under Part B of the act.[Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-17…

The school district must cooperate in the secretary's efforts under 20 U.S.C. Section 6398 to ensure the linkage of records pertaining to migratory students eligible for special education services for the purpose of electronically exchanging, among the states, health and educatio…

(1) If a school district has policies and procedures on file with the OSPI that demonstrate that the school district meets the requirements of WAC 392-172A-06000, including any policies and procedures filed under Part B of the act as in effect before December 3, 2004, the OSPI mu…

(1) In the event the OSPI determines that a school district is not eligible under Part B of the act, or is not complying with corrective actions as a result of monitoring, state complaints, or due process decisions and the OSPI intends to withhold or recover funds in whole or in …

(1) If the OSPI, after reasonable notice and an opportunity for a hearing, finds that a school district determined to be eligible under this subpart is failing to comply with any requirement described in WAC 392-172A-06000 through 392-172A-06060, the OSPI must reduce or must not …

(1) The OSPI may require districts to submit a collaborative request for payments under Part B of the act if it is determined that a single district would be disapproved because the district is unable to establish and maintain programs of sufficient size and scope to effectively …

(1) School districts that establish joint eligibility under this section must:(a) Adopt policies and procedures that are consistent with the state's policies and procedures under WAC 392-172A-06005; and(b) Be jointly responsible for implementing programs that receive assistance u…

(1) A school district may use up to fifteen percent of the amount the school district receives under Part B of the act for any fiscal year, less any amount reduced by the school district pursuant to WAC 392-172A-06015 if any, in combination with other amounts (which may include a…

(1) OSPI must use the payments that would otherwise have been available to a school district to provide special education and related services directly to students eligible for special education services in the area served by that school district, if the OSPI determines that the …

Any state agency that desires to receive a subgrant for any fiscal year for Part B funding must demonstrate to the satisfaction of the OSPI that:(1) All children with disabilities who are participating in programs and projects funded under Part B of the act receive FAPE, and that…

(1) The OSPI must ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency described in this section and the OSPI, in order to ensure that all services that are needed to ensure FAPE are provided, …

(1) A school district may use the medicaid or other public benefits or insurance programs in which a student participates to provide or pay for services required under Part B of the act, as permitted under the public benefits or insurance program, except as provided under subsect…

(1) The OSPI monitors school districts' special education programs to:(a) Improve educational results and functional outcomes for all students eligible for special education services;(b) Ensure that school districts meet the program requirements under Part B of the act with a par…

(1) The OSPI annually reviews the data it obtains from school districts through monitoring, submission of other required data reports, required by the district, and other public information provided by the district. Based on the data and information provided, OSPI determines if t…

(1) The OSPI has established goals for the performance of students eligible for special education services that promote the purposes of the act, and are consistent, to the maximum extent appropriate, with the state's learning goals for all students under section 1111 (b)(2)(C) of…

(1) The OSPI has established and provided to the United States Department of Education a performance plan that evaluates the state's efforts to implement the requirements and purposes of Part B of the act, and describes how the state will improve such implementation. The plan is …

(1) The OSPI uses the targets established in the state's performance plan and the priority areas to analyze the performance of each school district.(2)(a) The OSPI reports annually to the public on the performance of each school district on the indicators in the state's performan…

If the OSPI determines that a school district is not meeting the requirements of Part B of the act, including the targets in the state's performance plan, OSPI must prohibit the school district from reducing the school district's maintenance of effort under WAC 392-172A-06015 for…

The OSPI reports to the Secretary of the United States Department of Education annually as required by the office of special education programs the number of students aged three through twenty-one residing in the state who are receiving special education and related services. Thi…