WSR 99-06-049

PREPROPOSAL STATEMENT OF INQUIRY

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed March 1, 1999, 3:50 p.m. ]

Subject of Possible Rule Making: Entire chapter 392-172 WAC, governing the provision of special education to eligible students.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.155.090(7), Public Law 105-17, Individuals with Disabilities Education Act (IDEA) amendments 1997, RCW 28A.300.070.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The reauthorization of IDEA resulted in changes to the statute regarding special education services to students with disabilities. The Department of Education will be adopting final rules to address changes in IDEA. The state of Washington is required to adopt rules in conformance with the federal rules, so that public agencies providing services to special education students are compliant with federal requirements.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Office of Special Education Programs (OSEP), United States Department of Education, approves the Office of Superintendent of Public Instruction's state plan, its annual assurances, and content of state regulations to assure they are in conformance with federal laws. OSEP also approves compliance through the triennial monitoring.

Process for Developing New Rule: Use of stakeholder committees to solicit public comments and recommendations respecting new, amended or repeal 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 contacting Dr. Doug Gill, Director of Special Education, Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, or phone (360) 753-6733.

February 23, 1999

J. J. Coolican

Deputy Superintendent

of Public Instruction

Washington State Code Reviser's Office