WSR 19-19-068
[Filed September 17, 2019, 9:20 a.m.]
Subject of Possible Rule Making: WAC 392-172A-05085 Due process hearing request filing and response, 392-172A-05090 Resolution process, 392-172A-05100 Hearing rights, 392-172A-05160 Appeal of placement decisions and manifestation determinations, 392-137-190 through 392-137-200, student transfers appeals, and chapter 392-101 WAC, Superintendent of public instructionAdministrative practices and procedures.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.220, 28A.225.230, 28A.155.090; 34 C.F.R. Part 300; 42 U.S.C. 1400.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Certain appeals submitted to the office of superintendent of public instruction (OSPI), including special education due process hearing requests and nonresident student transfer appeals, are assigned to the office of administrative hearings (OAH) for adjudication. Currently, these appeals are filed with OSPI and transmitted to OAH. OSPI is considering rule making that would simplify the filing and transmittal process by allowing these appeals to be submitted directly to OAH from the filing party. The proposed change would simplify the filing process, clarify service requirements, reduce staff time and resource use for both OSPI and OAH staff, and clarify cited authorities. The impact on filing parties would be a change of filing methods and addresses, adopting federal standards for certain timelines, and clarity on service requirements.
Process for Developing New Rule: Early solicitation of public comments and recommendations respecting new, amended, or repealed rules, and consideration of the comments and recommendations in the course of drafting rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Evan Gaffey, OSPI, P.O. Box 47200, Olympia, WA 98504, phone 360-725-6333, fax 360-753-4201, TTY 360-664-3631, email, web site
September 16, 2019
Chris P. S. Reykdal
State Superintendent
of Public Instruction