Chapter 392-172A Provision of special education services.

(1) If the delivery of services in a public or private residential educational program is necessary to provide special education services to an eligible student, the program, including nonmedical care and room and board, must be at no cost to the parents of the student. Nothing i…

(1) Each school district shall ensure that assistive technology devices or assistive technology services, or both, are made available to a student eligible for special education services if required as part of the student's:(a) Special education services;(b) Related services; or(…

(1) Extended school year services means services meeting state standards contained in this chapter that are provided to a student eligible for special education services:(a) Beyond the normal school year;(b) In accordance with the student's IEP; and(c) Are provided at no cost to …

(1) Each school district must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the student's IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford students eligi…

(1) Physical education services, specially designed if necessary, must be made available to every student receiving FAPE.(2) Each student eligible for special education services must be afforded the opportunity to participate in the general physical education program available to…

Each school district shall ensure that its students eligible for special education services have available to them the variety of educational programs and services available to nondisabled students in the school district's area, including art, music, and career and technical educ…

(1) School districts shall conduct child find activities calculated to reach all students with a suspected disability for the purpose of locating, evaluating and identifying students who are in need of special education and related services, regardless of the severity of their di…

(1) Hearing aids. Each school district must ensure that hearing aids worn in school by students who are deaf or hard of hearing are functioning properly.(2) External components of surgically implanted medical devices. Each school district must ensure that the external components …

Subject to the exceptions for students in adult correctional facilities, school districts shall ensure that the provision of services to each student eligible for special education services, including preschool students and students in public or private institutions or other care…

(1) Each school district shall ensure that a continuum of alternative placements is available to meet the special education and related services needs of students eligible for special education services between the ages of three and twenty-one years old.(2) The continuum required…

(1) When determining the educational placement of a student eligible for special education services including a preschool student, the placement decision shall be determined annually and made by a group of persons, including the parents, and other persons knowledgeable about the …

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, each public agency must ensure that each student eligible for special education services participates with nondisabled students in the extracur…

The state shall make arrangements with public and private institutions as may be necessary to ensure that the least restrictive environment provisions in this chapter are effectively implemented.[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, §…

(1) School district personnel are prohibited from requiring parents to obtain a prescription for the following substances as a condition of a student attending school, participating in school district sponsored activities, receiving an evaluation, or receiving special education s…

(1) School district personnel are prohibited from using aversive interventions with a student eligible for special education services, and are prohibited from physically restraining or isolating any student, except when the student's behavior poses an imminent likelihood of serio…

Each school district shall have policies and procedures for transition to preschool programs to ensure that:(1) Students participating in early intervention programs assisted under Part C of the IDEA, and who will participate in preschool programs assisted under Part B of the IDE…

In carrying out the provisions of this chapter, school districts shall ensure that the rights of homeless children and youth are protected consistent with the requirements under the McKinney-Vento Homeless Assistance Act, as amended.[Statutory Authority: RCW 28A.155.090(7) and 42…

(1) All school district personnel providing special education services and/or related services shall meet the following qualifications:(a) All employees shall hold such credentials, licenses, certificates, endorsements or permits as are now or hereafter required by the profession…

(1) Methods. Transportation options for students eligible for special education services shall include the following categories and shall be exercised in the following sequence:(a) A scheduled school bus;(b) Contracted transportation, including public transportation; and(c) Other…

(1) Home or hospital instruction shall be provided to students eligible for special education services and other students who are unable to attend school for an estimated period of four weeks or more because of disability or illness.(2) As a condition to such services, the parent…

(1) If the parent and the school district determine that a student requires advanced educational planning, the parent and the district may develop emergency response protocols to be used in the case of emergencies that pose an imminent likelihood of serious harm, as defined in th…

Any use of isolation, restraint, and/or a restraint device shall be used only when a student's behavior poses an imminent likelihood of serious harm. The limited use of isolation, restraint, or restraint device not prohibited in WAC 392-172A-02076 is conditioned upon compliance w…

(1)(a) A school district proposing to conduct an initial evaluation to determine if a student is eligible for special education services must provide prior written notice consistent with WAC 392-172A-05010 and obtain informed consent from the parent before conducting the evaluati…

(1)(a) A parent of a child, a school district, a public agency, or other persons knowledgeable about the child may initiate a referral request for an initial evaluation to determine if the student is eligible for special education services.(b) The request must be in writing, unle…

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.[Statutory Authority: RCW 28A.155.090(7) an…

(1) A school district must ensure that a reevaluation of each student eligible for special education services is conducted in accordance with WAC 392-172A-03020 through 392-172A-03080 when:(a) The school district determines that the educational or related services needs, includin…

(1) The school district must provide prior written notice to the parents of a student, in accordance with WAC 392-172A-05010, that describes any evaluation procedures the district proposes to conduct.(2) In conducting the evaluation, the group of qualified professionals selected …

As part of an initial evaluation, if appropriate, and as part of any reevaluation, the IEP team and other qualified professionals, as appropriate, must:(1) Review existing evaluation data on the student, including:(a) Evaluations and information provided by the parents of the stu…

(1) Except as provided in subsection (2) of this section, school districts must evaluate a student eligible for special education services in accordance with WAC 392-172A-03020 through 392-172A-03080 before determining that the student is no longer eligible for special education …

(1) The evaluation report shall be sufficient in scope for the IEP team to develop an IEP, and at a minimum, must include:(a) A statement of whether the student has a disability that meets the eligibility criteria in this chapter;(b) A discussion of the assessments and review of …

(1) Upon completion of the administration of assessments and other evaluation measures:(a) A group of qualified professionals and the parent of the student determine whether the student is eligible for special education services and the educational needs of the student; and(b) Th…

In addition to the evaluation procedures for determining whether students are eligible for special education services, school districts must follow additional procedures for identifying whether a student has a specific learning disability. Each school district shall develop proce…

The determination of whether the student is eligible for special education services in the specific learning disability category shall be made by the student's parent and a group of qualified professionals which must include:(1) The student's general education classroom teacher; …

The group described in WAC 392-172A-03050 may determine that a student has a specific learning disability if:(1) The student does not achieve adequately for the student's age or meet the state's grade level standards when provided with learning experiences and instruction appropr…

(1) School districts using a process based on a student's response to scientific, research-based interventions to determine if a student has a specific learning disability shall adopt procedures to ensure that such process includes the following elements:(a) Universal screening a…

(1) If the school district uses a severe discrepancy model, it will use the OSPI's published discrepancy tables for the purpose of determining a severe discrepancy between intellectual ability and academic achievement.(2) The tables are developed on the basis of a regressed stand…

(1) For the purposes of applying the severe discrepancy tables, the following scores shall be used:(a) A total or full scale intellectual ability score;(b) An academic achievement test score which can be converted into a standard score with a mean of one hundred and a standard de…

(1) School districts must ensure that a student who is suspected of having a specific learning disability is observed in the student's learning environment, including the general education classroom setting, to document the student's academic performance and behavior in the areas…

(1) In addition to the requirements for evaluation reports under WAC 392-172A-03035, for a student suspected of having a specific learning disability, the documentation of the determination of eligibility must contain a statement of:(a) Whether the student has a specific learning…

(1) The term IEP means a written statement for each student eligible for special education services that is developed, reviewed, and revised in a meeting in accordance with WAC 392-172A-03095 through 392-172A-03100, and that must include:(a) A statement of the student's present l…

(1) School districts must ensure that the IEP team for each student eligible for special education services includes:(a) The parents of the student;(b) Not less than one general education teacher of the student if the student is, or may be, participating in the general education …

A school district must ensure that one or both of the parents of a student eligible for special education services are present at each IEP team meeting or are afforded the opportunity to participate, including:(1) Notifying parents of the meeting early enough to ensure that they …

(1) At the beginning of each school year, each school district must have an IEP in effect for each student eligible for special education services that it is serving through enrollment in the district.(2) For an initial IEP, a school district must ensure that:(a) The school distr…

(1) In developing each student's IEP, the IEP team must consider:(a) The strengths of the student;(b) The concerns of the parents for enhancing the education of their student;(c) The results of the initial or most recent evaluation of the student; and(d) The academic, development…

Consistent with WAC 392-172A-05000 (3)(a), each school district must ensure that the parents of each student eligible for special education services are members of any group that makes decisions on the educational placement of the student.[Statutory Authority: RCW 28A.155.090. WS…

Parentally placed private school students means students eligible for special education services enrolled by their parents in approved, nonprofit private, including religious, elementary or secondary schools. It does not include students receiving home-based instruction under RCW…

(1) Each school district must locate, identify, and evaluate all students who may be eligible for special education services who are enrolled by their parents in approved, nonprofit private, including religious, elementary and secondary schools located in the school district, in …

(1) In addition to the provisions addressed in this section, parents who have placed their children in a for profit or nonprofit private school are entitled to enroll their children part-time in their resident district for any course, activity or ancillary service, not provided b…

(1) To meet the requirement of WAC 392-172A-04010(2), each school district must make available the following amounts for providing special education and related services, including direct services to parentally placed nonprofit private school students eligible for special educati…

To ensure timely and meaningful consultation, a school district must consult with private school representatives and representatives of parents of parentally placed nonprofit private school students eligible for special education services during the design and development of spec…