WSR 15-07-062

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 16, 2015, 10:18 a.m.]

Subject of Possible Rule Making: Amending, repealing, and/or adding sections to chapter 392-172A WAC to address: (1) Potential legislation addressing restraint and isolation and the use of aversive interventions; (2) clarifying due process hearing procedures regarding a student's status pending a hearing; and (3) 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. OSPI anticipates that sections of the state special education regulations will need to be amended to add definitions addressing positive behavior plans, remove the term and regulations referencing "aversive interventions," and make other changes to address restraint and isolation to conform with any changes to state law. OSPI also is proposing to amend stay put provisions in WAC 392-172A-05125, so they are consistent with federal law and make other housekeeping and technical 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. Douglas H. Gill, Assistant Superintendent, 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 speced@k12.wa.us. Please put the words "2015 Rulemaking" in the subject line.

March 16, 2015

Randy Dorn

Superintendent of

Public Instruction