Subject of Possible Rule Making: Adding language to sections of chapter 392-172A WAC regarding individualized education program (IEP) provisions, including aversive interventions and transition services to students eligible for special education. Revising sections of chapter 392-172A WAC that address treatment of ESAs, when acting on behalf of school districts. Revising procedures for use of Part B funds, procedures for monitoring, enforcement and information from public agencies reported to the office of superintendent of public instruction (OSPI).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.155.090; 20 U.S.C. § 1400 et seq., the Individuals with Disabilities Education Act (IDEA).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington state legislature may enact laws that further define how restraint and isolation are documented and reported. In addition, other provisions regarding IEP content including transition are currently contained in proposed legislation. OSPI has the authority under state statute to develop administrative rules to implement federal regulations governing special education services to students, and rules to implement changes to chapter 28A.155 RCW. Based on comments to the federal regulations, state administrative decisions, policy letters from the United States Department of Education, and general use of these rules, OSPI is also reviewing the funding and monitoring sections of its regulations in response to changes in its monitoring procedures, and federal guidance on treatment of ESAs, funding, enforcement and requirements for [a] school district and other public agency reporting to the state.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Education, Office of Special Education Programs.

     Process for Developing New Rule: OSPI will invite public comment and hold public hearings.

     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, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, phone (360) 725-6075, TTY (360) 586-0126, fax (360) 586-0247, e-mail speced@k12.wa.us. Please put the words "2013 Rulemaking" in the subject line.

April 2, 2013

Randy Dorn

State Superintendent

of Public Instruction