reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01025 - Assistive technology device

Current through Register Vol. 24-14, July 15, 2024
Assistive technology device means any item, piece of
				  equipment, or product system, whether acquired commercially off the shelf,
				  modified, or customized, that is used to increase, maintain, or improve the
				  functional capabilities of a student eligible for special education services.
				  The term does not include a medical device that is surgically implanted, or the
				  replacement of such device.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01025, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01030 - Assistive technology service

Current through Register Vol. 24-14, July 15, 2024
Assistive technology service means any service that directly
				  assists a student eligible for special education services in the selection,
				  acquisition, or use of an assistive technology device. The term
				  includes:
(1) The evaluation of the
				needs of a student, including a functional evaluation of the student in the
				student's customary environment;
(2) Purchasing, leasing, or otherwise
				providing for the acquisition of assistive technology devices by students
				eligible for special education services;
(3) Selecting, designing, fitting,
				customizing, adapting, applying, maintaining, repairing, or replacing assistive
				technology devices;
(4)
				Coordinating and using other therapies, interventions, or services with
				assistive technology devices, such as those associated with existing education
				and rehabilitation plans and programs;
(5) Training or technical assistance for a
				student eligible for special education services or, if appropriate, that
				student's family; and
(6) Training
				or technical assistance for professionals (including individuals providing
				education or rehabilitation services), employers, or other individuals who
				provide services to, employ, or are otherwise substantially involved in the
				major life functions of that student.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01030, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01031 - Behavioral intervention plan

Current through Register Vol. 24-14, July 15, 2024
A behavioral intervention plan is a plan incorporated into a
				  student's IEP if determined necessary by the IEP team for the student to
				  receive FAPE. The behavioral intervention plan, at a minimum, describes:
(1) The pattern of behavior(s) that impedes
				the student's learning or the learning of others;
(2) The instructional and/or environmental
				conditions or circumstances that contribute to the pattern of behavior(s) being
				addressed by the IEP team;
(3) The
				positive behavioral interventions and supports to:
(a) Reduce the pattern of behavior(s) that
				impedes the student's learning or the learning of others and increases the
				desired prosocial behaviors;
(b)
				Ensure the consistency of the implementation of the positive behavioral
				interventions across the student's school-sponsored instruction or
				activities;
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01032 - Charter school

Current through Register Vol. 24-14, July 15, 2024
A charter school means a public school governed by a charter
				  school board and operated according to the terms of a charter contract executed
				  under chapter 28A.710 RCW and includes a new charter school and a conversion
				  charter school. A charter school also has the same meaning given in section
				  5210(1) of the Elementary and Secondary Education Act of 1965, as amended, 29
				  U.S.C. 6301, et. seq.
Statutory
				  Authority: RCW 28A.155.090 and 34 C.F.R. Part 300 . WSR 13-20-034, §
				  392-172A-01032, filed 9/24/13, effective 10/25/13. WSR 13-20-001, §
				  392-172A-01032, filed 9/18/2013, effective
				  10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01035 - Child with a disability or student eligible for special education services

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Child with a disability or as used in
				this chapter, a student eligible for special education services means a student
				who has been evaluated and determined to need special education services
				because of having a disability in one of the following eligibility categories:
				Intellectual disability, deafness (including hard of hearing), a speech or
				language impairment, a visual impairment (including blindness), an
				emotional/behavioral disability, an orthopedic impairment, autism, traumatic
				brain injury, an other health impairment, a specific learning disability,
				deafblindness, multiple disabilities, or for students, three through nine, a
				developmental delay and who, because of the disability and adverse educational
				impact, has unique needs that cannot be addressed exclusively through education
				in general education classes with or without individual accommodations, and
				needs special education and related services.
(b) For purposes of providing a student with
				procedural safeguard protections identified in WAC
				392-172A-05015, the term,
				"student eligible for special education services" also includes a student whose
				identification, evaluation or placement is at issue.
(c) If it is determined, through an
				appropriate evaluation, that a student has one of the disabilities identified
				in (a) of this subsection, but only needs a related service and not special
				education services, the student is not a student eligible for special education
				services under this chapter. School districts and other public agencies must be
				aware that they have obligations under other federal and state civil rights
				laws and rules, including
				29 U.S.C.
				764, RCW 49.60.030, and 43 U.S.C. 12101 that
				apply to students who have a disability regardless of the student's eligibility
				for special education and related services.
(d) Speech and language pathology, audiology,
				physical therapy, and occupational therapy services, may be provided as
				specially designed instruction, if the student requires those therapies as
				specially designed instruction, and meets the eligibility requirements which
				include a disability, adverse educational impact and need for specially
				designed instruction. They are provided as a related service under WAC
				392-172A-01155 when the service is required to allow the student to benefit
				from specially designed instruction.
(e) Special education services may not be
				solely based on the disability category for which the student is
				eligible.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01040 - Consent

Current through Register Vol. 24-14, July 15, 2024
(1) Consent means
				that:
(a) The parent has been fully informed
				of all information relevant to the activity for which consent is sought, in his
				or her native language, or other mode of communication;
(b) The parent understands and agrees in
				writing to the carrying out of the activity for which consent is sought, and
				the consent describes that activity. This includes a list of any records that
				will be released, and to whom they will be released, or records that will be
				requested and from whom; and
(c)
				The parent understands that the granting of consent is voluntary on the part of
				the parent and may be revoked at any time.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01045 - Core academic subjects (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01045, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01050 - Day - Business day - School day

Current through Register Vol. 24-14, July 15, 2024
(1) Day means calendar day unless otherwise
				indicated as business day or school day.
(2) Business day means Monday through Friday,
				except for federal and state holidays, unless holidays are specifically
				included in the designation of a business day, in other sections of this
				chapter.
(3) School day means any
				day, including a partial day that students are in attendance at school for
				instructional purposes, including students with and without
				disabilities.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01050, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01055 - Educational service agency

Current through Register Vol. 24-14, July 15, 2024
Educational service agency means:
(1) A regional public multiservice agency:
(a) Authorized to develop, manage, and
				provide services or programs to students eligible for special education
				services within school districts;
(b) Recognized as an administrative agency by
				the OSPI for purposes of the provision of special education and related
				services provided within public elementary schools and secondary schools;
				and
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01060 - Elementary or secondary school

Current through Register Vol. 24-14, July 15, 2024
Elementary or secondary school means a public school, a
				  nonprofit institutional day or residential school including a private school,
				  and a public charter school that provides education to students in any
				  combination of kindergarten through twelfth grade. The definition does not
				  include any education beyond grade twelve.
Statutory
				  Authority: RCW 28A.155.090 and 34 C.F.R. Part 300 . WSR 13-20-034, §
				  392-172A-01060, filed 9/24/13, effective 10/25/13; WSR 09-20-053, §
				  392-172A-01060, filed 10/1/09, effective 11/1/09. Statutory Authority:
				  RCW
				  28A.155.090(7) and 42 U.S.C.
				  1400 et. seq. WSR 07-14-078, § 392-172A-01060, filed 6/29/07, effective
				  7/30/07. WSR 13-20-001, § 392-172A-01060, filed 9/18/2013, 2:26 p.m.,
				  effective 10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01062 - English learner

Current through Register Vol. 24-14, July 15, 2024
English learner has the meaning given the term in
				  20 U.S.C. Section
				  7801(20). The term "English
				  learner," when used with respect to an individual, means an individual:
(1) Who is aged three through
				twenty-one;
(2) Who is enrolled or
				preparing to enroll in an elementary school or secondary school;
(3)
(a) Who
				was not born in the United States or whose native language is a language other
				than English;
(b)
(i) Who is a Native American or Alaska
				native, or a native resident of the outlying areas; and
(ii) Who comes from an environment where a
				language other than English has had a significant impact on the individual's
				level of English language proficiency; or
(c) Who is migratory, whose native language
				is a language other than English, and who comes from an environment where a
				language other than English is dominant; and
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01065 - Equipment

Current through Register Vol. 24-14, July 15, 2024
Equipment means:
(1)
				Machinery, utilities, and built-in equipment, and any necessary enclosures or
				structures to house the machinery, utilities, or equipment; and
(2) All other items necessary for the
				functioning of a particular facility as a facility for the provision of
				educational services, including items such as instructional equipment and
				necessary furniture; printed, published and audio-visual instructional
				materials; telecommunications, sensory, and other technological aids and
				devices; and books, periodicals, documents, and other related
				materials.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01065, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01070 - Evaluation

Current through Register Vol. 24-14, July 15, 2024
Evaluation means procedures used in accordance with WAC
				  392-172A-03005 through
				  392-172A-03080 to determine
				  whether a student has a disability and the nature and extent of the special
				  education and related services that the student needs.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01070, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01075 - Excess costs

Current through Register Vol. 24-14, July 15, 2024
Excess costs means those costs that are in excess of the
				  average annual per-student expenditure in a school district during the
				  preceding school year for an elementary school or secondary school student, as
				  may be appropriate, and that must be computed after deducting:
(1) Amounts received:
(a) Under Part B of the act;
(b) Under Part A of Title I of the ESEA;
				and
(c) Under Parts A and B of
				Title III of the ESEA; and
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01080 - Free appropriate public education

Current through Register Vol. 24-14, July 15, 2024
Free appropriate public education or FAPE means special
				  education and related services that:
(1) Are provided at public expense, under
				public supervision and direction, and without charge;
(2) Meet the standards of the OSPI, and the
				act;
(3) Include an appropriate
				preschool, elementary school, or secondary school education in the state;
				and
(4) Are provided in conformity
				with an individualized education program (IEP) that meets the requirements of
				WAC 392-172A-03090 through
				392-172A-03135.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01080, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01085 - Highly qualified special education teachers (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory
				  Authority:
				  RCW
				  28A.155.090 and 34 C.F.R. Part 300 . WSR
				  13-20-034, § 392-172A-01085, filed 9/24/13, effective 10/25/13. Statutory
				  Authority:
				  RCW
				  28A.155.090(7) and 42 U.S.C.
				  1400 et. seq. WSR 07-14-078, § 392-172A-01085, filed 6/29/07, effective
				  7/30/07. WSR 13-20-001, § 392-172A-01085, filed 9/18/2013, 2:26 p.m.,
				  effective 10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01090 - Homeless children

Current through Register Vol. 24-14, July 15, 2024
Homeless children has the meaning given the term homeless
				  children and youths in section 725 (42 U.S.C. Sec. 11434a) of the
				  McKinney-Vento Homeless Assistance Act, as amended,
				  42 U.S.C. Sec.
				  11431 et seq.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01090, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01092 - Imminent

Current through Register Vol. 24-14, July 15, 2024
Imminent as defined in
				  RCW
				  71.05.020 means: The state or condition of
				  being likely to occur at any moment or near at hand, rather than distant or
				  remote.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01095 - Include

Current through Register Vol. 24-14, July 15, 2024
Include means that the items named are not all of the
				  possible items that are covered, whether like or unlike the ones
				  named.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01095, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01100 - Individualized education program

Current through Register Vol. 24-14, July 15, 2024
Individualized education program or IEP means a written
				  statement of an educational program for a student eligible for special
				  education services that is developed, reviewed, and revised in accordance with
				  WAC 392-172A-03090 through
				  392-172A-03135.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01100, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01105 - Individualized education program team

Current through Register Vol. 24-14, July 15, 2024
Individualized education program team or IEP team means a
				  group of individuals described in WAC
				  392-172A-03095, responsible for
				  developing, reviewing, or revising an IEP.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01105, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01107 - Isolation

Current through Register Vol. 24-14, July 15, 2024
Isolation as defined in
				  RCW
				  28A.600.485 means: Restricting the student
				  alone within a room or any other form of enclosure, from which the student may
				  not leave. It does not include a student's voluntary use of a quiet space for
				  self-calming, or temporary removal of a student from his or her regular
				  instructional area to an unlocked area for purposes of carrying out an
				  appropriate positive behavior intervention plan.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01109 - Likelihood of serious harm

Current through Register Vol. 24-14, July 15, 2024
Likelihood of serious harm as defined in
				  RCW
				  71.05.020 means:
(1) A substantial risk that:
(a) Physical harm will be inflicted by a
				person upon his or her own person, as evidenced by threats or attempts to die
				by suicide, or inflict physical harm on oneself;
(b) Physical harm will be inflicted by a
				person upon another, as evidenced by behavior that has caused such harm or that
				places another person or persons in reasonable fear of sustaining such harm;
				or
(c) Physical harm will be
				inflicted by a person upon the property of others, as evidenced by behavior
				that has caused substantial loss or damage to the property of others;
				or
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01110 - Limited English proficient (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01110, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01115 - Local educational agency or school district

Current through Register Vol. 24-14, July 15, 2024
(1) Local educational agency or the term
				"school district" as used in this chapter, means a public board of education or
				other public authority legally constituted for either administrative control or
				direction of, or to perform a service function for, any combination of public
				elementary and secondary schools, or for a combination of school
				districts.
(2) The term includes
				any other public institution or agency having administrative control and
				direction of a public elementary school or secondary school, including charter
				schools, educational service agencies, the Washington center for deaf and hard
				of hearing youth, and the Washington state school for the blind.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, § 392-172A-01115, filed 9/24/13, effective 10/25/13. Statutory
					 Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. WSR 07-14-078, § 392-172A-01115, filed 6/29/07, effective
					 7/30/07. WSR 13-20-001, § 392-172A-01115, filed 9/18/2013, 2:26 p.m.,
					 effective 10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01120 - Native language

Current through Register Vol. 24-14, July 15, 2024
(1) Native
				language, when used with respect to an individual who is an English learner,
				means the following:
(a) The language
				normally used by that individual, or, in the case of a student, the language
				normally used by the parents of the student, except as provided in (b) of this
				subsection.
(b) In all direct
				contact with a student (including evaluation of the student), the language
				normally used by the student in the home or learning environment.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01125 - Parent

Current through Register Vol. 24-14, July 15, 2024
(1) Parent means:
(a) A biological or adoptive parent of a
				child;
(b) A foster
				parent;
(c) A guardian generally
				authorized to act as the child's parent, or authorized to make educational
				decisions for the student, but not the state, if the student is a ward of the
				state;
(d) An individual acting in
				the place of a biological or adoptive parent including a grandparent,
				stepparent, or other relative with whom the student lives, or an individual who
				is legally responsible for the student's welfare; or
(e) A surrogate parent who has been appointed
				in accordance with WAC
				392-172A-05130.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01130 - Parent training and information center

Current through Register Vol. 24-14, July 15, 2024
Parent training and information center means a center
				  assisted under sections 671 or 672 of the act.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01130, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01135 - Part-time enrollment

Current through Register Vol. 24-14, July 15, 2024
Part-time enrollment means a student eligible for special
				  education services who is home schooled or attends private school, and whose
				  parent chooses to enroll the student in his or her resident school district for
				  special education or related services pursuant to
				  RCW
				  28A.150.350 and chapter 392-134 WAC.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01135, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01140 - Personally identifiable

Current through Register Vol. 24-14, July 15, 2024
Personally identifiable means information that
				  contains:
(1) The name of the student,
				the student's parent, or other family member;
(2) The address of the student;
(3) A personal identifier, such as the
				student's Social Security number or student number; or
(4) A list of personal characteristics or
				other information that would make it possible to identify the student with
				reasonable certainty.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01140, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01142 - Positive behavioral interventions

Current through Register Vol. 24-14, July 15, 2024
Positive behavioral interventions are strategies and
				  instruction that can be implemented in a systematic manner in order to provide
				  alternatives to challenging behaviors, reinforce desired behaviors, and reduce
				  or eliminate the frequency and severity of challenging behaviors. Positive
				  behavioral interventions include the consideration of environmental factors
				  that may trigger challenging behaviors and teaching a student the skills to
				  manage his or her own behavior.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01145 - Private school

Current through Register Vol. 24-14, July 15, 2024
Private school means a nonpublic school or nonpublic school
				  district conducting a program consisting of kindergarten and at least grade
				  one, or a program of any combination of grades one through twelve and
				  meeting:
(1) Minimum state board
				private school approval standards as outlined in chapter 180-90 WAC;
				and
(2) The definition of
				elementary and secondary schools in WAC
				392-172A-01060.
Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300
					 . 09-20-053, § 392-172A-01145, filed 10/1/09, effective 11/1/09. Statutory
					 Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01145, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01150 - Public agency

Current through Register Vol. 24-14, July 15, 2024
Public agency includes school districts, educational service
				  agencies, charter schools, state operated programs identified in WAC
				  392-172A-02000 and any other political subdivisions of the state that are
				  responsible for providing special education or related services or both to
				  students eligible for special education services.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, § 392-172A-01150, filed 9/24/13, effective 10/25/13. Statutory
					 Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. WSR 07-14-078, § 392-172A-01150, filed 6/29/07, effective
					 7/30/07. WSR 13-20-001, § 392-172A-01150, filed 9/18/2013, 2:26 p.m.,
					 effective 10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01152 - Regular early childhood program

Current through Register Vol. 24-14, July 15, 2024
Regular early childhood program means a program that includes
				  fifty percent or more children who do not have an IEP. Programs may include,
				  but are not limited to, the following: Head start; early childhood education
				  and assistance program (ECEAP); transitional kindergarten; kindergarten;
				  preschool classes offered to an eligible prekindergarten population by the
				  public school system; private kindergartens or preschools; group child
				  development centers; or child care.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01155 - Related services

Current through Register Vol. 24-14, July 15, 2024
(1) Related
				services means transportation and such developmental, corrective, and other
				supportive services as are required to assist a student eligible for special
				education services to benefit from special education services, and includes
				speech-language pathology and audiology services, interpreting services,
				psychological services, physical and occupational therapy, recreation,
				including therapeutic recreation, early identification and assessment of
				disabilities in students, counseling services, including rehabilitation
				counseling, orientation and mobility services, behavioral services, and medical
				services for diagnostic or evaluation purposes. Related services also include
				school health services and school nurse services, social work services in
				schools, and parent counseling and training.
(2) Related services do not include a medical
				device that is surgically implanted, the optimization of that device's
				functioning (e.g., mapping), maintenance of that device, or the replacement of
				that device. Nothing in this subsection:
(a)
				Limits the right of a student with a surgically implanted device (e.g.,
				cochlear implant) to receive related services (as listed in paragraph (a) of
				this section) that are determined by the IEP team to be necessary for the
				student to receive FAPE;
(b) Limits
				the responsibility of a public agency to appropriately monitor and maintain
				medical devices that are needed to maintain the health and safety of the
				student, including breathing, nutrition, or operation of other bodily
				functions, while the student is transported to and from school or is at school;
				or
(c) Prevents the routine
				checking of an external component of a surgically implanted device to make sure
				it is functioning properly.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01160 - Residency or resident student

Current through Register Vol. 24-14, July 15, 2024
Residency or resident student has the same meaning as is
				  defined in WAC
				  392-137-115.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01160, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01162 - Restraint

Current through Register Vol. 24-14, July 15, 2024
Restraint as defined in
				  RCW
				  28A.600.485 means: Physical intervention or
				  force used to control a student, including the use of a restraint device to
				  restrict a student's freedom of movement. It does not include appropriate use
				  of a prescribed medical, orthopedic, or therapeutic device when used as
				  intended, such as to achieve proper body position, balance, or alignment, or to
				  permit a student to participate in activities safely.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01163 - Restraint device

Current through Register Vol. 24-14, July 15, 2024
Restraint device as defined in
				  RCW
				  28A.600.485 means: A device used to assist in
				  controlling a student including, but not limited to, metal handcuffs, plastic
				  ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper
				  spray, tasers, or batons. This section shall not be construed as encouraging
				  the use of these devices. A restraint device does not include a seat harness
				  used to transport a student safely or other safety devices, including safety
				  belts for wheelchairs, changing tables, booster seats, and other ambulatory or
				  therapeutic devices when used for the purpose intended for the safety of a
				  student.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01165 - Scientifically based research

Current through Register Vol. 24-14, July 15, 2024
Scientifically based research:
(1) Means research that involves the
				application of rigorous, systematic, and objective procedures to obtain
				reliable and valid knowledge relevant to education activities and programs;
				and
(2) Includes research that:
(a) Employs systematic, empirical methods
				that draw on observation or experiment;
(b) Involves rigorous data analyses that are
				adequate to test the stated hypotheses and justify the general conclusions
				drawn;
(c) Relies on measurements
				or observational methods that provide reliable and valid data across evaluators
				and observers, across multiple measurements and observations, and across
				studies by the same or different investigators;
(d) Is evaluated using experimental or
				quasi-experimental designs in which individuals, entities, programs, or
				activities are assigned to different conditions and with appropriate controls
				to evaluate the effects of the condition of interest, with a preference for
				random assignment experiments, or other designs to the extent that those
				designs contain within condition or across condition controls;
(e) Ensures that experimental studies are
				presented in sufficient detail and clarity to allow for replication or, at a
				minimum, offer the opportunity to build systematically on their findings;
				and
(f) Has been accepted by a
				peer-reviewed journal or approved by a panel of independent experts through a
				comparably rigorous, objective, and scientific review.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01170 - Services plan

Current through Register Vol. 24-14, July 15, 2024
Services plan means a written statement that describes the
				  special education and related services the school will provide to a parentally
				  placed student eligible for special education services who is enrolled in an
				  approved, nonprofit private elementary or secondary school who has been
				  designated to receive services. The plan will include the location of the
				  services and any transportation necessary. The plan will be developed using the
				  procedures for development and implementation of an IEP.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01170, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01175 - Special education services

Current through Register Vol. 24-14, July 15, 2024
(1)
				Special education services means specially designed instruction, at no cost to
				the parents, to meet the unique needs of a student eligible for special
				education services, including instruction conducted in the classroom, in the
				home, in hospitals and institutions, and in other settings; and instruction in
				physical education.
(2) Special
				education services includes:
(a) The provision
				of speech-language pathology, occupational therapy, audiology, and physical
				therapy service as defined in WAC 392-172A-01155 when it meets the criteria in
				WAC 392-172A-01035(1)(c);
(b) Travel training; and
(c) Vocational education.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01180 - State educational agency

Current through Register Vol. 24-14, July 15, 2024
State educational agency or SEA means the office of
				  superintendent of public instruction (OSPI).
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01180, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01185 - Supplementary aids and services

Current through Register Vol. 24-14, July 15, 2024
The term "supplementary aids and services" means aids,
				  services, and other supports that are provided in education-related settings to
				  enable students eligible for special education services to be educated with
				  nondisabled students to the maximum extent appropriate in accordance with the
				  least restrictive environment requirements in WAC 392-172A-02050 through
				  392-172A-02065.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01185, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01190 - Transition services

Current through Register Vol. 24-14, July 15, 2024
(1) Transition
				services means a coordinated set of activities for a student eligible for
				special education services that:
(a) Is
				designed to be within a results-oriented process, that is focused on improving
				the academic and functional achievement of the student to facilitate his or her
				movement from school to post-school activities, including postsecondary
				education, vocational education, integrated employment, supported employment,
				continuing and adult education, adult services, independent living, or
				community participation;
(b) Is
				based on the individual student's needs, taking into account the student's
				strengths, preferences, and interests; and includes:
(i) Instruction;
(ii) Related services;
(iii) Community experiences;
(iv) The development of employment and other
				post-school adult living objectives; and
(v) If appropriate, acquisition of daily
				living skills and provision of a functional vocational evaluation.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01195 - Universal design

Current through Register Vol. 24-14, July 15, 2024
The term universal design has the meaning given the term in
				  section 3 of the Assistive Technology Act of 1998, as amended,
				  29 U.S.C. Sec.
				  3002. It means a concept or philosophy for
				  designing and delivering products and services that are usable by people with
				  the widest possible range of functional capabilities, which include products
				  and services that are directly accessible (without requiring assistive
				  technologies) and products and services that are interoperable with assistive
				  technologies.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-01195, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01197 - Universal design for learning

Current through Register Vol. 24-14, July 15, 2024
Universal design for learning (UDL) is a framework to improve
				  and optimize teaching and learning for all students based on research showing
				  how students learn. The goal of UDL is to use a variety of teaching methods to
				  remove and reduce barriers to learning and provide each student with
				  opportunities to be successful through instructional flexibility that can be
				  adjusted.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DEFINITIONS › Section 392-172A-01200 - Ward of the state

Current through Register Vol. 24-14, July 15, 2024
Ward of the state means a student within the jurisdiction of
				  the department of children, youth, and families, children's administration
				  through shelter care, dependency or other proceedings to protect abused and
				  neglected children, except that it does not include a foster child who has a
				  foster parent who meets the definition of a parent in WAC
				  392-172A-01125.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-01200, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › FAPE REQUIREMENTS › Section 392-172A-02000 - Students' rights to a free appropriate public education (FAPE)

Current through Register Vol. 24-14, July 15, 2024
(1) Each school
				district and residential or day schools operated under chapters 28A.190 and
				72.40 RCW shall provide every student who is eligible for special education
				services between the age of three and twenty-one years, a free appropriate
				public education program (FAPE). The right to a FAPE includes special education
				services for students who have been suspended or expelled from school. A FAPE
				is also available to any student determined eligible for special education
				services even though the student has not failed or been retained in a course or
				grade and is advancing from grade to grade. The right to special education
				services for eligible students starts on their third birthday with an IEP in
				effect by that date. If an eligible student's third birthday occurs during the
				summer, the student's IEP team shall determine the date when services under the
				individualized education program will begin.
(2) A student who is determined eligible for
				special education services shall remain eligible until one of the following
				occurs:
(a) A group of qualified professionals
				and the parent of the student, based on a reevaluation, determines the student
				is no longer eligible for special education services; or
(b) The student has met high school
				graduation requirements established by the school district pursuant to rules of
				the state board of education, and the student has graduated from high school
				with a regular high school diploma. A regular high school diploma does not
				include a certificate of high school completion, or a general educational
				development credential. Graduation from high school with a regular high school
				diploma constitutes a change in placement, requiring written prior notice in
				accordance with WAC
				392-172A-05010; or
(c) The student enrolled in the public school
				system or is receiving services pursuant to chapter 28A.190 or 72.40 RCW has
				reached age twenty-one. The student whose twenty-first birthday occurs on or
				before August 31 would no longer be eligible for special education services.
				The student whose twenty-first birthday occurs after August 31, shall continue
				to be eligible for special education and any necessary related services for the
				remainder of the school year; or
(d) The student stops receiving special
				education services based upon a parent's written revocation to a school
				district pursuant to WAC
				392-172A-03000(2)(e).
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › FAPE REQUIREMENTS › Section 392-172A-02005 - Exceptions to a student's right to FAPE

Current through Register Vol. 24-14, July 15, 2024
(1) A student eligible for special education
				services residing in a state adult correctional facility is eligible for
				special education services pursuant to chapter 28A.193 RCW. The department of
				corrections is the agency assigned supervisory responsibility by the governor's
				office for any student not served pursuant to chapter 28A.193 RCW.
(2)
(a)
				Students determined eligible for special education services and incarcerated in
				other adult correctional facilities will be provided special education and
				related services under chapter 28A.194 RCW.
(b) Subsection (2)(a) of this section does
				not apply to students aged eighteen to twenty-one if they:
(i) Were not actually identified as being a
				student eligible for special education services; and
(ii) Did not have an IEP; unless the student:
(A) Had been identified as a student eligible
				for special education services and had received services in accordance with an
				IEP, but who left school prior to incarceration; or
(B) Did not have an IEP in his or her last
				education setting, but who had actually been identified as a student eligible
				for special education services.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › FAPE REQUIREMENTS › Section 392-172A-02010 - Methods of payment for FAPE

Current through Register Vol. 24-14, July 15, 2024
(1)
				If the delivery of services in a public or private residential educational
				program is necessary to provide special education services to an eligible
				student, the program, including nonmedical care and room and board, must be at
				no cost to the parents of the student. Nothing in this chapter limits the
				responsibility of agencies other than educational agencies for providing or
				paying some or all of the costs of a FAPE to students eligible for special
				education services.
(2) Nothing in
				this chapter relieves an insurer or similar third party from an otherwise valid
				obligation to provide or to pay for services provided to students eligible for
				special education services.
(3)
				Consistent with the IEP provisions in this chapter, the OSPI shall ensure that
				there is no delay in implementing a student's IEP, including any case in which
				the payment source for providing or paying for special education and related
				services to the student is being determined.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-02010, filed 6/29/07, effective
					 7/30/07.