PREPROPOSAL STATEMENT OF INQUIRY
PUBLIC INSTRUCTION
Subject of Possible Rule Making: Selected sections of chapter 392-172 WAC addressing eligibility of special education students, including WAC 392-172-030 and 392-172-035, sections of chapter 392-172 WAC to make housekeeping changes, and to include federal language required by Department of Education.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.155.090(7) and 28A.300.070.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington Supreme Court addressed the constitutionality of chapter 28A.193 RCW and its effect on eligibility for special education for youth in adult correctional facilities in the case Tunstall et al. v. State of Washington. Amendments to the eligibility rules are necessary to clarify special education eligibility for youth in adult correctional facilities pursuant to this case and to address the federal regulations contained in 34 C.F.R. Part 300. In addition, amendments to other sections are necessary to address typographical errors, clarity, and requests by the Department of Education to correct language, consistent with federal regulations.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United State Department of Education, through its Office of Special Education and Rehabilitative Services reviews our regulations as part of the eligibility review. Proposed regulations will be sent to them as part of the rule-making process, and they will be given an opportunity for comment and review.
Process for Developing New Rule: Early solicitation of public comments and recommendations respecting the amended rules, and consideration of the comments and recommendations in the course of drafting rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending written comments to Special Education Section, Attn. Doug Gill, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 586-0247, TTY (360) 586-0126. For telephone assistance contact Doug Gill, Director, Special Education, (360) 753-6733, or e-mail dgill@ospi.wednet.edu.
December 8, 2000
Dr. Terry Bergeson
Superintendent of
Public Instruction