WSR 16-09-058
[Filed April 15, 2016, 2:12 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Chapter 72-171 WAC, Special education programs.
Hearing Location(s): Washington State School for the Blind (WSSB), 2214 East 13th Street, Vancouver, WA 98661, on June 1, 2016, at 1:00 p.m.
Date of Intended Adoption: June 1, 2016.
Submit Written Comments to: Dean Stenehjem, 2214 East 13th Street, Vancouver, WA 98661, e-mail, fax (360) 737-2120, by May 25, 2016.
Assistance for Persons with Disabilities: Contact Janet Kurz by May 25, 2016, (360) 947-3302 or (360) 696-6321.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed rules update rules implementing the Individuals with Disabilities Education Act and for consistency with rules for the provision of special education promulgated by the office of the superintendent of public instruction, the state educational agency responsible for ensuring compliance by public agencies involved in education of students eligible for special education.
Statutory Authority for Adoption: RCW 72.40.022.
Statute Being Implemented: RCW 72.40.022, 28A.155.010.
Rule is necessary because of federal law, 20 U.S.C. §§ 1400 et seq., 34 C.F.R. Part 300.
Name of Proponent: WSSB, governmental.
Name of Agency Personnel Responsible for Drafting: Bonnie Terada, 1220 Main Street, Suite 510, Vancouver, WA 98660, (360) 759-2100; Implementation and Enforcement: Dean Stenehjem, 2214 East 13th Street, Vancouver, WA 98661, (360) 947-3301.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. WSSB is not subject to RCW 34.05.328 (5)(a)(i).
April 15, 2016
Dean O. Stenehjem
AMENDATORY SECTION (Amending WSR 01-16-022, filed 7/20/01, effective 8/20/01)
WAC 72-171-001 Purposes.
The purposes of this chapter are:
(1) To implement chapter 72.40 RCW in a manner that is compatible with chapters 28A.155 RCW and 392-172A WAC, and in compliance with the Individuals with Disabilities Education Improvement Act, 20 U.S.C. Sec. 1400 et seq.;
(2) To meet the obligations of additional federal and state civil rights laws (e.g., 29 U.S.C. Sec. 794, 42 U.S.C. Sec. 12132, RCW 49.60.030) that apply to students who have a disability regardless of the student's eligibility for special education and related services;
(3) Unless the context clearly requires otherwise, the rules for the provision of special education, contained in chapter 392-172A WAC, are incorporated by reference: Provided, That the Washington state school for the blind (WSSB) may undertake the responsibilities of a local educational agency (LEA) in providing a free appropriate public education only to the extent authorized by chapter 72.40 RCW and inclusion as an LEA makes the school eligible for assistance under the Individuals with Disabilities Education Act;
(4) This chapter sets forth rules and procedures applicable to the provision of special education and related services for eligible students at the WSSB. It should be read in conjunction with chapter 392-172A WAC. In case of any conflict between specific rules and procedures adopted herein, and the rules and regulations in chapter 392-172A WAC, the specific rules and procedures shall control;
(5) Where the term "school district" is used in this chapter, it shall mean the LEA, local school district, or resident district, where a student would be enrolled and/or attending.
AMENDATORY SECTION (Amending WSR 01-16-022, filed 7/20/01, effective 8/20/01)
WAC 72-171-015 Definitions and eligibility criteria ((for visually handicapped)).
The definition and eligibility criteria in WAC ((392-172-142)) 392-172A-01035 are adopted by reference.
AMENDATORY SECTION (Amending WSR 01-16-022, filed 7/20/01, effective 8/20/01)
WAC 72-171-120 Evaluation procedures.
The evaluation or reevaluation of any student shall be ((performed using the procedures established in chapter 392-172 WAC)) in accordance with WAC 392-172A-03000 through 392-172A-03040 except as specifically provided otherwise in this chapter.
Evaluations may include assessments to identify students who present a moderate or high risk of sexually aggressive behavior or who may be vulnerable to victimization by such students, as required by RCW 72.40.270. Evaluations will be conducted by a group of qualified professionals selected by the Washington school for the blind who are knowledgeable about the student, the suspected area of disability, and in cases where assessment is required by RCW 72.40.270, sexual abuse and assault.
AMENDATORY SECTION (Amending WSR 01-16-022, filed 7/20/01, effective 8/20/01)
WAC 72-171-150 Admission and placementAnnual review.
(1) Upon a referral for admission and placement from a parent, legal guardian, emancipated minor, adult student, or local educational agency (LEA), a Washington state school for the blind admissions team will assess the appropriateness of placement of a visually impaired student residing in the state of Washington as provided for under this chapter.
(2) Applications for placement shall be in writing and shall include the reason for referral. Reasons for referral to the state school for the blind may include, but are not limited to: Vision specific services not readily available in the local school district, need for more intensive vision specific services, adaptive aids and appliances, greater array of vision support services, social skill development, leisure time skill development, and organization skill development.
(3) The LEA will be notified if the referral is from a parent and the student's records will be requested. The following records must be received prior to review by the school's admissions team: Complete application materials, most recent IEP, most recent three-year summary assessment or evaluation, psychological records, transcripts (for high school students), all records subject to disclosure under RCW 28A.225.330, including, but not limited to: History of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of educational staff or other students.
(4) The admissions team shall review the records and if the information is complete, determine whether to proceed with or terminate the application.
(5) Placement of a student at the state school for the blind shall be determined at ((a)) an IEP meeting conducted pursuant to WAC ((72-171-210)) 392-172A-03090 through 392-172A-03115, 72-171-150(9) and 72-171-200.
(6) The determination of the appropriate placement for a student shall be based upon:
(a) The student's individualized education program (IEP);
(b) The least restrictive environment requirements of WAC ((392-172-172)) 392-172A-02050 through 392-172A-02070; provided that the IEP team may conclude that a student will receive greater benefit from education in a specialized setting due to specific instructional and related service needs such that the least restrictive environment and appropriate placement for a student may be WSSB;
(c) The placement option(s) that provides a reasonably high probability of assisting the student to attain his or her annual goals;
(d) A consideration of any potential harmful effect on the student or on the quality of services which he or she needs; and
(e) The status of the student as an adjudicated sex offender classified as risk Level II or III in the state of Washington or the equivalent under the laws of the state in which the student resides.
(7) The decision on the educational placement shall be made by a group of persons, including the parents, the LEA, and other persons knowledgeable about the student, the evaluation data, and the placement options.
(8) Pursuant to RCW 72.40.040(4) and 72.40.050(2), admission and retention at the Washington state school for the blind may be denied for a student who is an adjudicated sex offender.
(9) The educational placement of each student shall be determined at least annually at a meeting conducted pursuant to WAC ((72-171-210)) 72-171-150(5).
WAC 72-171-201 Individualized education program.
WAC 392-172A-03090 through 392-172A-03115 are adopted by reference.
AMENDATORY SECTION (Amending WSR 01-16-022, filed 7/20/01, effective 8/20/01)
WAC 72-171-220 ((Participants)) School district involvement and participation IEP meetings.
((WAC 392-172-153 is adopted by reference.)) Involvement and participation of the LEA at meetings in which a decision is to be made relating to the educational placement of the student is considered essential for meaningful discussion to occur. A representative of the student's LEA will be invited to meetings involving an IEP, transition services, or placement and appropriate notice to the parent(s) and adult student will be provided. The LEA representative should be an individual who is knowledgeable about the availability of resources of the LEA, authorized to allocate resources, or develop collaborative requests for funding to establish programs to meet the extraordinary program needs. If the LEA representative is unable to attend the meeting, Washington state school for the blind staff shall keep the representative informed of the meeting and obtain information that will assist in the provision of services.
WAC 72-171-300 Child find.
The purpose of child find is to locate, evaluate and identify children with suspected disabilities in need of special education services including those who are not currently receiving special education and related services and who may be eligible for those services. In conjunction with child find activities conducted by school districts pursuant to WAC 392-172A-02040 and the reports on blind/visually impaired or deaf-blind children provided by educational service districts pursuant to RCW 72.40.070, WSSB will provide an online survey on a yearly basis to all special education directors to identify children within their districts who are blind/visually impaired or deaf-blind; information to school districts regarding service delivery options in the state for students who are blind/visually impaired or deaf-blind a resource and referral guide listing programs and services available statewide; and a mechanism for school districts to request training and/or consultation support for district personnel.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Washington State School for the Blind and appear in the Register pursuant to the requirements of RCW 34.08.040.
The following sections of the Washington Administrative Code are repealed:
WAC 72-171-010
WAC 72-171-016
Definition and eligibility criteria for deaf-blind.
WAC 72-171-110
General areas of evaluation.
WAC 72-171-131
Evaluation report and documentation of determination of eligibility.
WAC 72-171-140
Independent educational evaluation.
WAC 72-171-210
IEP meetings.
WAC 72-171-230
Parent participation and involvement.
WAC 72-171-240
Individualized education program.
WAC 72-171-242
Individualized education program—Implementation.
WAC 72-171-244
Individualized education program—Development, review, revision—Consideration of special factors.
WAC 72-171-410
WAC 72-171-500
When prior notice must be given.
WAC 72-171-510
Contents of prior written notice.
WAC 72-171-512
Parent consent.
WAC 72-171-514
Transfer of parental rights at age of majority.
WAC 72-171-550
WAC 72-171-601
Due process rights and procedures.
WAC 72-171-605
Request for hearing, notice by parent.
WAC 72-171-650
Surrogate parents.
WAC 72-171-710
Aversive interventions.