Title 28A — Title 28A COMMON SCHOOL PROVISIONS
76 chapters · 1,542 sections in this title.
RCW 28A.155.010 Purpose.
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It is the purpose of RCW 28A.155.010 through 28A.155.160, 28A.160.030, and 28A.150.390 to ensure that all children with disabilities as defined in RCW 28A.155.020 shall have the opportunity for an appropriate education at public expense as guaranteed to them by the Constitution o…
RCW 28A.155.020 Administration of program in the office of the superintendent of public instruction—Services between the age of three and school year in which student turns 22 guaranteed—Adoption of definitions by rule—Local school district powers not limited.
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There is established in the office of the superintendent of public instruction an administrative section or unit for the education of children with disabilities who require special education.Students with disabilities are those children whether enrolled in school or not who throu…
RCW 28A.155.030 Division administrative officer—Duties.
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The superintendent of public instruction shall employ an administrative officer of the division. The administrative officer, under the direction of the superintendent of public instruction, shall coordinate and supervise the program of special education for eligible children with…
RCW 28A.155.040 Authority of districts—Participation of department of social and health services.
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The board of directors of each school district, for the purpose of compliance with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160 and chapter 28A.190 RCW, shall cooperate with the superintendent of public instruction and with the administrativ…
RCW 28A.155.050 Services through special excess cost aid programs—Apportionment—Allocations from state excess funds.
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Any child who is eligible for special education services through special excess cost aid programs authorized under RCW 28A.155.010 through 28A.155.160 shall be given such services in the least restrictive environment as determined by the student's individualized education program…
RCW 28A.155.060 District authority to contract with authorized entities—Contract requirements—Annual on-site visits—Notice to parents and guardians—Miscellaneous.
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(1) For the purpose of carrying out the provisions of RCW 28A.155.020 through 28A.155.050, the board of directors of every school district shall be authorized to contract with private schools approved by the state board of education under RCW 28A.305.130, other private in-state e…
RCW 28A.155.070 Services to students of preschool age with disabilities—Apportionment—Allocations from state excess cost funds.
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Special educational programs provided by the state and the school districts thereof for students with disabilities shall be extended to include students of preschool age. School districts shall be entitled to the regular apportionments from state and county school funds, as provi…
RCW 28A.155.080 Appeal from denial of educational program.
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Where a child with disabilities as defined in RCW 28A.155.020 has been denied the opportunity of a special educational program by a local school district there shall be a right of appeal by the parent or guardian of such child to the superintendent of public instruction pursuant …
RCW 28A.155.090 Superintendent of public instruction's duty and authority.
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*** CHANGE IN 2026 *** (SEE 6268-S.SL) ***The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with disabilities, to:(1) Assist school districts in the formation of programs to meet th…
RCW 28A.155.100 Sanctions applied to noncomplying districts.
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The superintendent of public instruction is hereby authorized and directed to establish appropriate sanctions to be applied to any school district of the state failing to comply with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.060 and 28A.155.0…
RCW 28A.155.105 Braille instruction—Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply in RCW 28A.155.115.(1) "Student" means a student who:(a) Has a visual acuity of 20/200 or less in the better eye with conventional correction or having a limited field of vision such that the wid…
RCW 28A.155.115 Braille instruction—Assessment—Provision in student's curriculum.
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(1) Each student shall be assessed individually to determine the appropriate learning media for the student including but not limited to Braille.(2) No student may be denied the opportunity for instruction in Braille reading and writing solely because the student has some remaini…
RCW 28A.155.140 Curriculum-based assessment procedures for early intervening services.
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School districts may use curriculum-based assessment procedures as measures for developing academic early intervening services, as defined under part B of the federal individuals with disabilities education improvement act, and curriculum planning: PROVIDED, That the use of curri…
RCW 28A.155.160 Assistive devices and services—Interagency cooperative agreements—Definitions.
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Notwithstanding any other provision of law, the office of the superintendent of public instruction, the department of children, youth, and families, the Washington center for deaf and hard of hearing youth, the Washington state school for the blind, school districts, educational …
RCW 28A.155.170 Graduation ceremony.
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(1) Each school district that operates a high school shall establish a policy and procedures that permit any student who is receiving special education or related services under an individualized education program pursuant to state and federal law to participate in the graduation…
RCW 28A.155.190 Information on autism.
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(1) To the extent funds are appropriated for this purpose, by September 1, 2008, the office of the superintendent of public instruction, in collaboration with the department of health, the department of social and health services, educational service districts, local school distr…
RCW 28A.155.200 Condensed compliance reports—Second-class districts.
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Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.[ 2011 c 45 s 4.]Notes:Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.
RCW 28A.155.210 Use of restraint or isolation—Requirement for procedures to notify parent or guardian—Additional procedures for compliance.
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A student's individualized education program must include procedures for notification of a parent or guardian regarding the use of restraint or isolation under RCW 28A.600.485. If a student is placed in an authorized entity under RCW 28A.155.060, the student's individualized educ…
RCW 28A.155.220 High school transition services—Interagency agreements—Education data center to monitor certain outcomes—Annual report by superintendent of public instruction.
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(1) The office of the superintendent of public instruction must establish interagency agreements with the department of social and health services, the department of services for the blind, and any other state agency that provides high school transition services for special educa…
RCW 28A.155.225 Review of data for disproportionate student identification—Technical assistance.
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(1) The superintendent of public instruction shall annually review data from local education agencies, including the percentage of students receiving special education services, to ensure there is not a disproportionate identification of students, as defined by the superintendent…
RCW 28A.155.240 Noncompliance—Complaint process—Major program changes—Corrective action.
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(1) On its web page related to special education, the office of the superintendent of public instruction must develop and publish a complaint process for individuals to report noncompliance with local, state, or federal laws or violation of students rights by authorized entities.…
RCW 28A.155.245 Notification of noncompliance.
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(1) The office of the superintendent of public instruction shall notify the state board of education if any private school authorized by the office of the superintendent of public instruction under RCW 28A.300.690 that is also approved by the state board of education under chapte…
RCW 28A.155.250 Student data at authorized entities—Annual report.
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(1) Beginning December 1, 2023, and in compliance with RCW 43.01.036, the office of the superintendent of public instruction shall annually submit a report to the education committees of the legislature regarding placements of students with disabilities at authorized entities und…
RCW 28A.155.260 Burden of proof.
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(1) Except as provided in subsection (2) of this section, the school district has the burden of proof, including the burden of persuasion and production, whenever it is a party to a due process hearing regarding the identification, evaluation, reevaluation, classification, educat…
RCW 28A.155.270 Statewide activities—Annual report.
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(1) The superintendent of public instruction shall engage in statewide special education activities to support students receiving special education services.(a) The statewide activities must include:(i) Annually reviewing data from local education agencies, including the percenta…
RCW 28A.155.275 Statewide online system for individualized education programs.
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*** CHANGE IN 2026 *** (SEE 5969-S2.SL) ***(1) The superintendent of public instruction shall develop and maintain a statewide online system for individualized education programs. In developing and implementing the online system, the superintendent of public instruction must coll…
RCW 28A.155.800 Performance audit of authorized entities and school districts—Report.
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(1) The state auditor shall conduct a performance audit of the authorization, monitoring, and investigation of authorized entities and the school districts that contract with authorized entities under RCW 28A.155.060 to provide special education and related services to students w…