Notice of Final Rulemaking

Washington Office of Superintendent of Public Instruction sent this bulletin at 09/17/2021 04:15 PM PDT

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Notice of Final Rulemaking for Washington Administrative Code (WAC) Chapter 392-172A, Chapter 392-173, and Sections 392-140-60105 through -60685

The purpose of this correspondence is to confirm OSPI’s action to adopt final regulations 31 days after filing a CR 103P (Permanent Rulemaking Order) regarding WAC Chapter 392-172A, Chapter 392-173, and Sections 392-140-60105 through -60685. The final rules were filed on September 14, 2021. The attached Concise Explanatory Statement includes OSPI’s response to the comments provided in relationship to the rulemaking process. Copies of the CR-103P and the final regulations are also attached (WSR 21-19-065 and OTS Special Education 2021) and available on the OSPI Rulemaking Activity webpage.

The final regulations, with some notable exceptions, go into effect on October 15, 2021.

The exceptions to the October 15 effective date are WAC Section 392-172A-01035 concerning the definition of a student with a disability/student eligible for special education services and WAC Sections 392-172A-02076, -02105, and -02110 concerning conditions and prohibitions on the use of restraint and isolation, and the use of Emergency Response Protocol. The effective date for these sections is January 1, 2022.

The OSPI Special Education division determined that additional time was needed for the adoption of these sections in order to align with federal special education data collection and reporting requirements, and to provide additional time for local educational agencies to train school personnel on the changes included in the final regulations.

Questions regarding the adoption of these final regulations and the effective dates can be directed to the OSPI Special Education office at 360-725-6075 or speced@k12.wa.us.

We hope you find this information helpful and thank you, once again, for all of the input, patience, and participation in this process.

ALL STUDENTS PREPARED FOR POST-SECONDARY PATHWAYS, CAREERS, AND CIVIC ENGAGEMENT.

Led by State Superintendent Chris Reykdal, OSPI oversees K-12 public education in Washington state. Our mission is to provide funding, resources, tools, data and technical assistance that enable educators to ensure students succeed in our public schools, are prepared to access post-secondary training and education, and are equipped to thrive in their careers and lives.

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