WSR 18-03-063

PERMANENT RULES

[Filed January 11, 2018, 8:28 a.m., effective February 11, 2018]

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

Purpose: The office of superintendent of public instruction's special education rules provide at WAC 392-172A-02075 that school districts are prohibited from requiring parents to obtain a prescription for substances identified under Schedules I through V in section 202(c) of the Controlled Substances Act as a condition of attending school, receiving an evaluation, or receiving educational services. This amendment to WAC 392-172A-02075 expands this prohibition to include substances identified under Schedules I through V of Washington's Uniform Controlled Substances Act (chapter 69.50 RCW) and any legend drug under state law. The expanded prohibition does not extend to prescriptions for substances required under other state laws.

Citation of Rules Affected by this Order: Amending WAC 392-172A-02075.

Statutory Authority for Adoption: RCW 28A.155.090.

Adopted under notice filed as WSR 17-22-137 on November 1, 2017.

Changes Other than Editing from Proposed to Adopted Version: WAC 392-172A-02075 has been changed to address the suggestion of a commenter and to address a typo. The regulation now states: "(1) School district personnel are prohibited from requiring parents to obtain a prescription for the following substances as a condition of a student attending school, participating in a school district sponsored activity, receiving an evaluation, or receiving special education services:

(a) Substances identified under Schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. Sec. 812(c));

(b) Substances identified under Schedules I, II, III, IV, or V of the Uniform Controlled Substances Act (chapter 69.50 RCW); and

(c) Any legend drug as defined by RCW 69.41.010, unless otherwise required under RCW 28A.210.320.

(2) Nothing in subsection (1) of this section shall be construed to create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the 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 0, 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: January 11, 2018.

Chris P. S. Reykdal

State Superintendent

of Public Instruction