Washington Administrative Code

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…

(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…