PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 14, 2025, 8:37 a.m.]

Subject of Possible Rule Making: Amending and/or adding new sections to chapter 392-172A WAC, Provision of special education services; and WAC 392-140-600 through 392-140-685, state special education safety net funding.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Washington State Biennial Operating Appropriations Act; RCW 28A.150.290, 28A.150.392, 28A.155.090, and 20 U.S.C. § 1400 et seq., Individuals with Disabilities Education Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The office of superintendent of public instruction (OSPI) is considering amending and/or adding new sections to WAC concerning special education services to students, with updates that are consistent with state and federal law, provide additional clarification on state requirements, and make updated technical changes. Specifically, these changes would: (1) Address changes to the age of eligibility in accordance with SSB 5253 (2025); (2) address changes to the administration of students eligible for special education services placed in private settings or public educational service district settings by public school districts in accordance with E2SSB 5315 (2023); (3) phase out the use of the severe discrepancy methodology and clarify existing procedural requirements for determining eligibility for students with specific learning disabilities; (4) update and clarify existing requirements under current state law regarding safety net awards (WAC 392-140-600 through 392-140-685), personnel qualifications, dispute resolution, referral/evaluation timelines, and behavioral supports applicable to the provision of free appropriate public education to students eligible for special education services; and (5) make changes to correct typographical errors, update references to other applicable sections of RCW and WAC, and other rule changes that are technical in nature.

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: Early solicitation of feedback and recommendations concerning new or amended rules, and consideration of comments and recommendations in the course of drafting rule language.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Scott Raub, OSPI, P.O. Box 47200, Olympia, WA 98504, phone 360-725-6075, fax 360-586-0247, TTY 360-664-3631, email scott.raub@k12.wa.us, website ospi.k12.wa.us; or Dr. Tania May, OSPI, P.O. Box 47200, Olympia, WA 98504, phone 360-725-6075, fax 360-586-0247, TTY 360-586-0126, email speced@k12.wa.us, website ospi.k12.wa.us.

State Superintendent of Public Instruction