WSR 13-06-043




[ Filed March 4, 2013, 10:04 a.m. ]

     Subject of Possible Rule Making: Amending sections and/or adding sections to chapter 392-172A WAC to address: (1) The creation of charter schools in Washington state; (2) revising requirements for obtaining consent for use of medicaid benefits; (3) clarifying procedural safeguards for students who are not currently eligible for special education services, including disputes over private placement; (4) clarifying rules for nonpublic agency approval; (5) clarifying citizen complaint procedures; (6) clarifying due process hearing procedures; (7) clarifying that initiating a request for an evaluation is a referral; and (8) housekeeping changes to correct typographical errors or rule changes that are technical in nature.

     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 office of superintendent of public instruction (OSPI) has the authority under state statute to develop administrative rules to implement federal regulations governing special education services to students. 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 identified several rules needing clarification and alignment with federal policy, in addition to making technical and typographical changes. Additionally, Initiative 1240 allows the creation of charter schools in Washington, requiring OSPI to amend its regulations. Finally, the Department of Education recently amended its federal regulations governing consent for use of medicaid benefits. Therefore OSPI will open specific rules and add new sections within chapter 392-172A WAC for public comment to address these changes.

     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 hold a public hearing for comment and seek written input from stakeholders.

     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 Please put the words "2013 Rulemaking" in the subject line.

March 4, 2013

Randy Dorn

State Superintendent

of Public Instruction