WSR 17-22-137
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed November 1, 2017, 11:40 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-18-108.
Title of Rule and Other Identifying Information: WAC 392-172A-02075.
Hearing Location(s): On December 8, 2017, at 9:00 a.m., at the Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Brouillet Room, Olympia, WA 98501.
Date of Intended Adoption: December 12, 2017.
Submit Written Comments to: Glenna Gallo, Assistant Superintendent of Special Education, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, Attn: Special Education section, email speced@k12.wa.us (please put "2017 Rulemaking" in the subject line), fax 360-586-0247, by December 8, 2017.
Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-753-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by December 1, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is authorized under state statute to develop administrative rules to implement federal regulations governing special education services for students. OSPI's special education rules currently 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. The purpose of this proposed amendment to WAC 392-172A-02075 is to expand 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 will not extend to prescriptions for substances required under other state laws.
Reasons Supporting Proposal: The proposed rule would prohibit school personnel from requiring parents to obtain prescriptions for substances that are not identified as schedule drugs under federal law as a condition for attending school, receiving an evaluation, or receiving educational services.
Statutory Authority for Adoption: RCW 28A.155.090.
Statute Being Implemented: Chapter 28A.155 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Kasi Walker, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, 360-725-6075; Implementation and Enforcement: Glenna Gallo, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, 360-725-6075.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.030.
Explanation of exemptions: No small business impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).
November 1, 2017
Chris P. S. Reykdal
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 07-14-078, filed 6/29/07, effective 7/30/07)
WAC 392-172A-02075 Prohibition on mandatory medication.
(1) School district personnel are prohibited from requiring parents to obtain a prescription for the following substances as a condition of attending school, 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)) ((for a student as a condition of attending school, receiving an evaluation, or receiving special education services.));
(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.