Washington Administrative Code

(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…

(1) When timely and meaningful consultation has occurred, the school district must obtain a written affirmation signed by the representatives of participating nonprofit private schools after timely and meaningful consultation.(2) If the representatives do not provide the affirmat…

(1) A private school official has the right to submit a complaint to the OSPI, special education division that the school district:(a) Did not engage in consultation that was meaningful and timely; or(b) Did not give due consideration to the views of the private school official.(…

(1) A parentally placed private school student does not have an individual right to receive some or all of the special education and related services that the student would receive if enrolled full- or part-time in a public school.(2) Decisions about the services that will be pro…

(1) The services provided to parentally placed nonprofit private school students eligible for special education services must be provided by personnel meeting the same standards as personnel providing services in the public schools.(2) Parentally placed private school students el…

(1) Services to parentally placed nonprofit private school students eligible for special education services may be provided on the premises of private schools.(2) If necessary for the student to benefit from or participate in the services provided, a parentally placed private sch…

(1) Due process procedures are not available for complaints that a school district has failed to meet the requirements regarding consultation, determination of need and provision of services, including the provision of services indicated on the student's services plan.(2) Due pro…

Public funds provided and property derived from those funds shall not benefit any private school or agency.A school district must use funds provided under the act to meet the special education and related services needs of students enrolled in nonprofit private schools, but not f…

(1) School district or other public agency personnel may be made available to private schools and agencies only to the extent necessary to provide services required by the student if those services are not normally provided by the private school.(2) Each school district or other …

A school district may not use federal funds available under section 611 or 619 of the act for classes that are organized separately on the basis of school enrollment or religion of the students if:(1) The classes are at the same site; and(2) The classes include students enrolled …

(1) A school district must control and administer the funds used to provide special education and related services for students eligible for those services in private schools, and hold title to and administer materials, equipment, and property purchased with those funds for the u…

(1) The provisions of WAC 392-172A-04080 through 392-172A-04095 apply to students eligible for special education services who have been placed in or referred to an in-state private elementary or secondary school or facility, or placed in or referred to a public or private out-of-…

(1) A school district that places a student eligible for special education services with a nonpublic agency or with another private or public agency under WAC 392-172A-04080(2) for special education and related services shall develop a written contract which must include, but not…

(1) The school district shall notify the special education division of the OSPI, in writing, of their intent to serve a student through contract with a nonpublic agency.(2) The school district and the nonpublic agency will review the requirements for approval and complete the app…

(1) A nonpublic agency must meet the following requirements to be approved:(a) The nonpublic agency is approved by the state board as a private school, and has at least one certificated teacher with a special education endorsement, other certificated teachers who meet state stand…

(1) An approved nonpublic agency must notify any school districts with whom they contract and the OSPI of any major program changes that occur during the approval period, including adding additional services or changing the type of programs available to students. OSPI will review…

OSPI may suspend, revoke or refuse to renew its approval of a nonpublic agency to contract with school districts for the provision of special education services if the nonpublic agency:(1) Fails to maintain the approval standards in WAC 392-172A-04090 through 392-172A-04100;(2) V…

In implementing the nonpublic agency provisions of WAC 392-172A-04080 through 392-172A-04105, the state shall:(1) Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;(2) Disseminate copies of applicable standards to each privat…