Responsibilities of the Superintendent of Public Instruction Related to Special Education.
In addition to its constitutional charge of supervising all matters pertaining to public schools, the Superintendent of Public Instruction (SPI) and its office has numerous and broad responsibilities prescribed in statute, including to:
Through its implementing regulations, the federal Individuals with Disabilities Education Act (IDEA) requires each state education agency (the Office of the Superintendent of Public Instruction in Washington) to ensure that each student with a disability who is placed in a private school or facility by a school district is provided special education in conformance with the student's individualized education program (IEP), and is provided, at no cost to the parents, an education that meets the requirements of the IDEA that apply to school districts. In addition, the Office of the Superintendent of Public Instruction (OSPI), in implementing these IDEA requirements, must monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires.
Nonpublic Agencies.
State statute authorizes school district boards of directors to contract with agencies approved by the SPI for operating special education programs for students with disabilities and specifies that the approval standards must conform substantially with those of special education programs in the schools of the school districts (the "common schools").
Rules of the SPI define "nonpublic agencies" as private entities approved by the SPI that school districts can contract with to provide special education and related services to students with IEPs whose needs are not being met by their school district. Nonpublic agencies may be private elementary or secondary schools or facilities within Washington, or public or private out-of-state elementary or secondary schools or facilities.
The SPI has adopted rules governing the provision of educational services to students with disabilities in nonpublic agencies when the school district cannot provide an appropriate education for the student within the district. Among other things, these rules state:
Education Centers.
Education centers were established in statute in 1977. An "education center" is defined as a private school operated on a profit or nonprofit basis, which does the following: (1) is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation; (2) operates on a clinical, client-centered basis, including performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction, and evaluation of each individual client's progress in his or her educational program; and (3) conducts courses of instruction by professionally trained personnel certificated by the Professional Educator Standards Board. An education center is not a common school or a private school in Washington approved by the State Board of Education (SBE).
Only common school dropouts are eligible for enrollment in an education center for reimbursement by the OSPI.
The OSPI must certify education centers only upon application and: (1) determination that the applicant meets the definition of an education center; and (2) demonstration on the basis of actual educational performance of the applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program.
The certification may be withdrawn if the OSPI finds that an education center fails to provide adequate instruction in basic academic skills. "Basic academic skills" are defined to mean the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics, but does not include courses of a vocational training nature and must not include courses deemed nonessential to the accrediting or the approval of private schools by the State Board of Education.
Education centers were last provided state funding in fiscal year 2003. The OSPI is no longer certifying education centers.
Duties of the Superintendent of Public Instruction (SPI) are codified and expanded. The SPI is given the duty and authority to establish standards for approving, monitoring, and investigating education centers that contract with school districts to provide special education and related services to students with disabilities placed in the education center by a school district. It is specified that these standards must ensure that any student placed in the education center has the same rights, protections, and access to special education and related services that they would have if served by a school district.
Rules of the Office of the Superintendent of Public Instruction (OSPI) governing approval of and contracting with nonpublic agencies are modified and codified as described below.
Definitions.
The term "nonpublic agency" is changed to "education center." The definition of "education center" is modified to mean a private in-state school or facility operated on a profit or nonprofit basis, or any out-of-state school or facility that contracts with a school district to provide special education and related services to students with disabilities placed in the education center by the school district and that does the following: (1) is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation; (2) operates on a clinical, client-centered basis, including performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction, and evaluation of each individual client's progress in his or her educational program; and (3) conducts courses of instruction by licensed teachers.
The definition of "basic skills" is modified; it must include the study of mathematics, speech, language, reading and composition, science, history, literature, and political science or civics.
Approval.
The OSPI is required to create an application process to approve education centers that contract with school districts to provide special education services to students with disabilities. Education centers may be approved for a period of up to three years.
The OSPI may approve an applicant as an education center only after a determination that: (1) the applicant meets the definition of an education center; and (2) the students of the applicant have made educational gains that are a direct result of the applicant's educational program, where the determination is based on the actual educational performance of the students, after considering each student's background.
An education center approved by the OSPI is not a common school of a school district. The approval of an education center that is a private school in Washington approved by the State Board of Education (SBE) is limited to the program of special education and related services provided to students with disabilities placed in the education center by the school district.
School districts are authorized to contract with education centers approved by the OSPI to provide special education and related services to students with disabilities placed in the education center by the school district. To qualify for approval an education center must, at a minimum, meet the following requirements:
Before approving an application, the OSPI must conduct an on-site visit to ensure that an education center's facilities, staffing levels, and procedural safeguards are sufficient to provide a safe and appropriate learning environment for students with disabilities placed in the education center by a school district.
The OSPI may suspend, revoke, or refuse to renew its approval of a education center if the education center: fails to maintain approval standards or fails to comply with all school district contract elements described below; violates the rights of students with disabilities placed in the education center by a school district; refuses to implement any corrective actions ordered by the OSPI; fails to provide adequate instruction in basic academic skills; or fails to adhere to federal laws, especially civil rights laws.
The OSPI must use the data collected to produce the report described below to identify issues of noncompliance with approval standards and contract elements described below.
The OSPI must notify the SBE if any education center that is also a private school approved by the SBE is investigated for noncompliance, is directed to complete corrective action, or fails to maintain approval. The SBE must notify the OSPI of any unresolved concerns, deficiencies, or deviations related to an education center that is also a private school approved by the SBE.
Complaint Process.
The OSPI is directed to develop and publish on its website a complaint process for individuals to report noncompliance or violations of student rights at education centers. The OSPI must use the complaint process to identify and address patterns of misconduct at education centers, including issuing corrective action or revoking approval.
Contracts.
A school district that chooses to contract with an education center must enter into a written contract with the education center to establish the responsibilities of the school district and the education center and set forth the rights of students with disabilities placed in the education center by the school district as a means of providing special education and related services. The contract must include 10 elements, at a minimum, which include:
Annual Site Visits.
School districts are required to conduct an annual on-site visit to ensure that an education center's facilities, staffing levels, and procedural safeguards are sufficient to provide a safe and appropriate learning environment and meet the unique needs of the students with disabilities placed in the education center by the school district.
School District Responsibilities.
School districts contracting with an education center are responsible for ensuring that the students with disabilities placed in the education center by the school district are: (1) provided a free, appropriate public education in accordance with federal and state law; (2) provided with special education and related services at no cost to the student's parents and in conformance with an individualized education program as required by law, including evaluations and individualized education program team meetings that meet all applicable requirements; (3) provided with an opportunity to participate in Washington state and school district assessments and an opportunity to fulfill the requirements to receive a Washington state diploma; and (4) provided at least the minimum instructional hours and days that school districts are required to provide.
Requirements Related to Student Isolation and Restraint.
School districts are directed to provide to the parents or guardians of a student being served by an education center a summary of the school district and education center's responsibilities and processes for reporting incidents of student isolation and restraint and a copy of the OSPI's complaint process.
It is added that the individualized education program of a student served by an education center must specify any additional procedures required to ensure that the education center fully complies with student isolation and restraint requirements.
Annual Legislative Report.
Beginning December 1, 2023, the OSPI must annually submit a report to the Legislature regarding student placements at education centers and post the report on its website. The report must include: (1) the academic progress of students receiving special education services from education centers; (2) the graduation rates of students who have received special education services from education centers; (3) the rate at which students receiving special education services from education centers return to their resident school districts; (4) data on student restraint and isolation incidents, discipline, and attendance at education centers; and (5) any corrective action or change in an education center's approval status, as ordered by the OSPI. The data must be disaggregated by education center when it is possible to do so without disclosing, directly or indirectly, a student's personally identifiable information as protected by federal law.
Other Provisions.
The OSPI must prohibit approved education centers from charging tuition or fees to students placed in the education center by a school district. The OSPI must encourage school districts to cooperate with education centers.
Six education center statutes related primarily to funding of the centers and enrollment of common school dropouts are repealed.
Compared to the engrossed second substitute bill, the amended bill:
(In support) A recent investigation found glaring injustice that was impacting some of the most vulnerable students; the state is failing to regulate nonpublic agencies (NPAs) that provide special education services to students placed in the NPA by school districts. These NPAs receive millions of dollars from the state each year. Some of the students placed in the NPAs are regressing and some students are experiencing disproportionate rates of isolation and restraint. Students need safe spaces, materials, and supportive adults, who have professional development and the supports they need. It is on the state to change this inadequate system. It requires the Office of the Superintendent of Public Instruction (OSPI) to establish an approval process for NPAs, complaint procedures, and direct responsibilities for school districts, including what districts must do to ensure that parents have the information they need.
Every student has a right to educational services that are safe, supportive, and provided in the general education setting in their neighborhood school. This is especially important for students served in NPAs. Students in NPAs are often fragile and traumatized. Many students have complex disabilities and are unable to communicate what happens to them at school. School districts should build capacity to serve all students inclusively.
The quality of NPAs is variable and families should have information about whether an NPA is appropriate for their student. Some private schools approved by the State Board of Education are NPAs. These schools offer safe environments for students that are an alternative to what school districts provide. The bill makes a distinction between NPA schools and NPA facilities. It is important for families to have information about NPAs and to be able to file complaints.
Expanding the OSPI's oversight will improve services provided in NPAs, including by requiring additional data collection and increasing reporting requirements. It will also including additional training for staff of NPAs. Having a single clearinghouse for complaints against NPAs is a great idea. Requiring the OSPI to conduct site visits should help to ensure there is continuity of care in NPAs.
(Opposed) None.
The Appropriations Committee added the following provisions:
(In support) Every student has the right to receive education in a safe setting. The OSPI requested this bill to address the public interest in transparency for the process of approving and overseeing out-of-state nonpublic agencies. This bill expands oversight duties, including site visits. These functions need to be resourced adequately.
(Opposed) None.
(Other) There is ambiguity in how nonpublic agencies fit within the definition of "education centers" established in the prior committee's amendment. Independent schools are not clinical settings where students are diagnosed. Nonpublic agencies' sole role are to assist in the developments and implementation of individualized education programs. Removal of the amendatory language defining "education centers" would be supported.