(1)(a) The provisions of this chapter apply to all political subdivisions and public institutions of the state that are involved in the education of students eligible for special education, including:
(i) The OSPI to the extent that it receives payments under Part B and exercises supervisory authority over the provision of the delivery of special education services by school districts and other public agencies;
(ii) School districts, charter schools, educational service agencies, and educational service districts; and
(iii) State residential education programs established and operated pursuant to chapter
28A.190 RCW, the state school for the blind and the center for childhood deafness and hearing loss established and operated pursuant to chapter
72.40 RCW, and education programs for juvenile inmates established and operated pursuant to chapters
28A.193 and
28A.194 RCW; and
(b) Are binding on each public agency or public institution in the state that provides special education and related services to students eligible for special education, regardless of whether that agency is receiving funds under Part B of the act.
(2) Each school district, charter school, and educational service agency is responsible for ensuring that the rights and protections under Part B of the act are given to students eligible for special education who are referred to or placed in private schools and facilities by that public agency under the provisions of WAC
392-172A-04080 through
392-172A-04110.
(3) Each school district and educational service agency is responsible for ensuring that the rights and protections under Part B of the act are given to students eligible for special education who are placed in private schools by their parents under the provisions of WAC
392-172A-04000 through
392-172A-04060.
[Statutory Authority: RCW
28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-01010, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW
28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01010, filed 6/29/07, effective 7/30/07.]