Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of this rule-making order is to adopt changes to 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.

     Citation of Existing Rules Affected by this Order: Amending 1 [WAC 392-172A-05080].

     Statutory Authority for Adoption: RCW 28A.155.090.

     Other Authority: 34 C.F.R. §§ 300.507 and 300.511.

      Adopted under notice filed as WSR 10-04-049 on January 28, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: April 28, 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.]

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