WSR 06-12-052

PREPROPOSAL STATEMENT OF INQUIRY

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 2, 2006, 10:01 a.m. ]

Subject of Possible Rule Making: Entire chapter 392-172 WAC governing the provision of special education to eligible students. The agency proposes to move the special education rules to a new chapter, due to the restructuring of the order and number of changes in the Individuals with Disabilities Education Improvement Act of 2004 (IDEA).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.155.090(7), IDEA 20 U.S.C. 1400 et.seq.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The United States congress reauthorized the federal Individuals with Disabilities Education Act in December 2004. It is anticipated that the United States Department of Education will be issuing final federal rules implementing IDEA within the next several months. The state is required to adopt state regulations consistent with IDEA once federal rules are final.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Office of Special Education Programs (OSEP), United States Department of Education, approves OSPI's annual state performance plan, and requires OSPI to provide assurances that it will implement state regulations consistent with IDEA.

Process for Developing New Rule: OSPI has established stakeholder committees to provide recommendations regarding amendment, repeal and new rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dr. Doug Gill, Director of Special Education, Office of the Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, phone (360) 725-6075, TTY (360) 586-0126, fax (360) 586-0247, or e-mail DGill@ospi.wednet.edu. Committee meeting dates and summaries are posted at http://www.k12.wa.us/SpecialEd/IDEA_2004.aspx.

June 2, 2006

Dr. Mary Alice Heuschel

Deputy Superintendent

Washington State Code Reviser's Office