EXPEDITED RULES
PUBLIC INSTRUCTION
Title of Rule and Other Identifying Information: WAC 392-172A-05080 Right to a due process hearing, this rule
describes the right of parents and school districts to file a
request for a due process hearing on certain special education
matters. The rule also describes the timeline for filing and
information about services available to assist parents with
this process.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Douglas Gill, Office of the Superintendent of Public Instruction (OSPI), P.O. Box 47200, Olympia, WA 98504-7200, e-mail doug.gill@k12.wa.us , AND RECEIVED BY 5:00 p.m. on April 5, 2010.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is clarifying the timeframe in which a request for a due process hearing for special education matters must be made. The current rule could create procedural ambiguity with respect to the timeframe for filing a due process hearing request. The proposed changes will clarify the filing timeframe.
Reasons Supporting Proposal: OSPI received a petition for rule making regarding WAC 392-172A-05080, which recommended an amendment to this rule because of ambiguous language. WAC 392-172A-05080 implements two federal regulations, 34 C.F.R. §§300.507 and 300.511. The WAC as currently drafted describes the content of a request for a due process hearing, but does not provide a clear description of the timeframe in which a request for a due process hearing must be made. To avoid confusion for parents, school districts, attorneys, and other interested parties, OSPI is clarifying this rule.
OSPI is using expedited rule making for this amendment because it is adopting without material change a federal regulation, as allowed by RCW 34.05.353 (1)(b).
Statutory Authority for Adoption: RCW 28A.155.090.
Statute Being Implemented: Chapter 28A.155 RCW.
Rule is necessary because of federal law, 34 C.F.R. §§300.507 and 300.511.
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting: Pamela McPartland, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6075; Implementation and Enforcement: Douglas Gill, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6075.
January 25, 2010
Randy Dorn
State Superintendent
OTS-2980.1
AMENDATORY SECTION(Amending WSR 07-14-078, filed 6/29/07,
effective 7/30/07)
WAC 392-172A-05080
Right to a due process hearing.
(1)
A parent or a school district may file a due process hearing
request on any of the matters relating to the identification,
evaluation or educational placement, or the provision of FAPE
to a student.
(2) The due process hearing request must ((allege a
violation that occurred not more than)) be made within two
years ((before)) of, and allege a violation that occurred not
more than two years before, the date the parent or school
district knew or should have known about the alleged action
that forms the basis of the due process complaint except the
timeline does not apply to a parent if the parent was
prevented from filing a due process hearing request due to:
(a) Specific misrepresentations by the school that it had resolved the problem forming the basis of the due process hearing request; or
(b) The school district withheld information from the parent that was required under this chapter to be provided to the parent.
(3)(a) Information about any free or low-cost legal and other relevant services available in the area is maintained on OSPI's web site and is provided by the office of administrative hearings to parents whenever a due process hearing request is filed by either the parent or the school district; and
(b) Districts must provide this information to parents whenever a parent requests the information.
[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-05080, filed 6/29/07, effective 7/30/07.]