reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05215 - Amendment of records and hearing rights

Current through Register Vol. 24-14, July 15, 2024
(1) A parent of a student who believes that
				information in educational records collected, maintained, or used under this
				chapter is inaccurate or misleading or violates the privacy or other rights of
				the student may request that the school district which maintains the
				information amend the information.
(2) The school district shall decide whether
				to amend the information in accordance with the request within a reasonable
				period of time after receipt of the request.
(3) If the school district refuses to amend
				the information in accordance with the request, it shall inform the parent of
				the refusal and advise the parent of the right to a hearing, conducted by the
				school district, in accordance with school district procedures.
(4) The school district, on request, shall
				provide the parent an opportunity for a hearing to challenge information, in
				the educational records, to insure that it is not inaccurate, misleading, or
				otherwise in violation of the privacy or other rights of the student.
(5) If, as a result of the hearing, the
				school district decides that the information is inaccurate, misleading, or
				otherwise in violation of the privacy or other rights of the student, the
				agency shall amend the information accordingly and so inform the parent in
				writing.
(6) If, as a result of the
				hearing, the school district decides that the information is not inaccurate,
				misleading or otherwise in violation of the privacy or other rights of the
				student, the agency shall inform the parents of the right to place a statement
				commenting on the information or setting forth any reasons for disagreeing with
				the decision of the school district in the records it maintains on the
				student.
(7) Any explanation placed
				in the records of the student in compliance with this section shall:
(a) Be maintained by the school district as
				part of the records of the student as long as the records or the contested
				portion is maintained by the educational agency; and
(b) Be disclosed to any party to whom the
				records of the student (or the contested portion thereof) are
				disclosed.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05220 - Hearing on a request to amend records

Current through Register Vol. 24-14, July 15, 2024
A hearing initiated pursuant to WAC
				  392-172A-05215 to challenge
				  information in educational records shall be conducted according to procedures
				  developed by the school district or other public agency, and in conformance
				  with the procedures in 34
				  C.F.R. 99.22 that include at least the
				  following elements:
(1) The hearing
				shall be held within a reasonable period of time after the school district has
				received the request;
(2) The
				parent shall be given notice of the date, place, and time reasonably in advance
				of the hearing;
(3) The hearing may
				be conducted by any party, including an official of the school district, who
				does not have a direct interest in the outcome of the hearing;
(4) The parent shall be afforded a full and
				fair opportunity to present evidence relevant to the amendment request and may
				be assisted or represented by individuals of his or her choice at his or her
				own expense, including an attorney;
(5) The school district shall provide a
				written decision to the parent within a reasonable period of time after the
				conclusion of the hearing; and
(6)
				The decision of the agency shall:
(a) Be
				based solely upon the evidence presented at the hearing; and
(b) Include a summary of the evidence and the
				reasons for the decision.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05225 - Consent for release of records

Current through Register Vol. 24-14, July 15, 2024
(1)
				Parental consent must be obtained before personally identifiable information is
				disclosed to parties, other than officials of participating agencies in
				accordance with subsection (2)(a) of this section, unless the information is
				contained in education records, and the disclosure is authorized without
				parental consent under 34 C.F.R. Part 99.
(2)
(a)
				Except as provided in this section, parental consent is not required before
				personally identifiable information is released to officials of participating
				agencies for purposes of meeting a requirement of this part.
(b) Parental consent, or the consent of an
				eligible student who has reached the age of majority under state law, must be
				obtained before personally identifiable information is released to officials of
				participating agencies providing or paying for transition services.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05230 - Safeguards

Current through Register Vol. 24-14, July 15, 2024
(1) Each
				participating agency shall protect the confidentiality of personally
				identifiable information at the collection, storage, disclosure, and
				destruction stages.
(2) One
				official at each participating agency shall be designated as the individual
				responsible for assuring the confidentiality of any personally identifiable
				information.
(3) All persons
				collecting or using personally identifiable information shall receive training
				or instruction regarding the procedures on protection of the confidentiality of
				personally identifiable information contained in this chapter, state education
				law, the regulations implementing the Family Educational Rights and Privacy Act
				( 34 C.F.R. Part 99), and the school district's procedures.
(4) Each participating agency shall maintain,
				for public inspection, a current listing of the names and positions of those
				employees within the agency who may have access to personally identifiable
				information.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-05230, 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 › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05235 - Destruction of educational records

Current through Register Vol. 24-14, July 15, 2024
(1)
				Each school district shall inform parents and adult students when personally
				identifiable information collected, maintained, or used in compliance with this
				chapter is no longer needed to provide educational services to the student, or
				is no longer required to be retained under state or federal law. State
				procedures for school district records retention are published by the secretary
				of state, division of archives and records management, and specify the length
				of time that education records must be retained.
(2) The information shall thereafter be
				destroyed at the request of the parent or adult student. However, a permanent
				record of a student's name, address, and phone number, his or her grades,
				attendance record, classes attended, grade level completed and year completed
				may be maintained without time limitation.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-05235, 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 › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05240 - Student rights to educational records

Current through Register Vol. 24-14, July 15, 2024
If the rights accorded to parents under this chapter are
				  transferred to a student who reaches the age of eighteen, or is determined to
				  be emancipated sooner, consistent with WAC
				  392-172A-05135, the rights
				  regarding educational records are also transferred to the student. However, the
				  school district must continue to provide any notice required under section 615
				  of the act to the student and the parents.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-05240, 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 › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05245 - District procedures for confidential information

Current through Register Vol. 24-14, July 15, 2024
(1) School districts must ensure that their
				policies and procedures for protection of confidential information comply with
				WAC 392-172A-05180 through
				392-172A-05240.
(2) OSPI reviews compliance through targeted
				monitoring activities, and state complaints.
(3) If school districts do not have
				procedures in place that comply with subsection (1) of this section, OSPI will
				require the school district to correct noncompliance through corrective actions
				that include, but are not limited to:
(a)
				Review and revision of district procedures; and
(b) Technical assistance.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06000 - Condition of assistance

Current through Register Vol. 24-14, July 15, 2024
As a condition of receipt and expenditure of federal special
				  education funds, a school district or other public agency shall annually submit
				  a request for federal funds to the OSPI, and conduct its special education and
				  related services program in compliance with the requirements of this chapter.
				  The request shall be made through an application that includes, but is not
				  limited to, the following assurances and types of information:
(1) Assurances that: The school district or
				other public agency meets each of the conditions contained in
				34 C.F.R.
				300.201 through
				300.213
				relating to:
(a) Development of policies and
				procedures consistent with this chapter and Part B of the act;
(b) The provision of FAPE to
				students;
(c) Child find
				requirements for students, including evaluations;
(d) Development of an IEP;
(e) The provision of services in the least
				restrictive environment, and the availability of a continuum of services,
				including access to extracurricular and nonacademic activities;
(f) The provision of procedural safeguard
				protections and implementation of the procedural safeguards notices;
(g) Confidentiality of records and
				information;
(h) Transition of
				children from Part C to Part B services;
(i) Participation of students enrolled in
				private school programs, using a proportional share of Part B funds;
(j) Placement of students in private school
				programs to provide FAPE or placement of students in private school programs by
				their parents when FAPE is at issue;
(k) Use of funds;
(l) Personnel preparation;
(m) Availability of documents relating to the
				eligibility of the school district;
(n) Provision to OSPI of all necessary
				information and data for the state's performance goals;
(o) Provision of instructional materials to
				blind persons or persons with print disabilities;
(p) Timely correction of noncompliance;
				and
(q) A goal and detailed
				timetable for providing full educational opportunity to all students eligible
				for special education services.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06005 - Consistency with state policies

Current through Register Vol. 24-14, July 15, 2024
The school district or other public agency, in providing for
				  the education of students eligible for special education services must have in
				  effect policies, procedures, and programs that are consistent with the state
				  policies and procedures established in this chapter.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 .
					 09-20-053, § 392-172A-06005, 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-06005, 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 › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06010 - School district use of funds

Current through Register Vol. 24-14, July 15, 2024
(1)
				Part B funds provided to school districts:
(a)
				Must be expended in accordance with the applicable provisions of this
				chapter;
(b) Must be used only to
				pay the excess costs of providing special education and related services to
				students eligible for special education services, consistent with this chapter;
				and
(c) Must be used to supplement
				state, local and other federal funds and not to supplant those funds.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06015 - Maintenance of effort

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Eligibility standard. For purposes of
				establishing the school district's eligibility for an award for a fiscal year,
				the OSPI must determine that the school district budgets, for the education of
				students eligible for special education services, at least the same amount,
				from at least one of the following sources, as the school district spent for
				that purpose from the same source for the most recent fiscal year for which
				information is available:
(i) Local funds
				only;
(ii) The combination of state
				and local funds;
(iii) Local funds
				only on a per capita basis; or
(iv)
				The combination of state and local funds on a per capita basis.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06020 - Exception to maintenance of effort

Current through Register Vol. 24-14, July 15, 2024
A school district or other public agency may reduce the level
				  of expenditures made by it under Part B of the IDEA below the level of those
				  expenditures for the preceding fiscal year if the reduction is attributable
				  to:
(1) The voluntary departure, by
				retirement or otherwise, or departure for just cause, of special education or
				related services personnel;
(2) A
				decrease in the enrollment of students eligible for special education
				services;
(3) The termination of
				the obligation of the district or agency, consistent with this chapter, to
				provide a program of special education services to a particular student that is
				an exceptionally costly program as determined by the state, because the
				student:
(a) Has left the jurisdiction of the
				district or agency;
(b) Has reached
				the age at which the obligation of the district or agency to provide a free
				appropriate public education to the student has terminated; or
(c) No longer needs the program of special
				education services.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06025 - Adjustment to local fiscal efforts in certain fiscal years

Current through Register Vol. 24-14, July 15, 2024
(1) Notwithstanding
				WAC 392-172A-06010 and
				392-172A-06015(2)
				 and except as provided in subsection (4) of
				this section, for any fiscal year for which the allocation received by a school
				district exceeds the amount the school district received for the previous
				fiscal year, the school district may reduce the level of expenditures otherwise
				required by WAC
				392-172A-06015(1)
				 by not more than fifty percent of the amount
				of that excess.
(2) If a school
				district exercises the authority under subsection (1) of this section, the
				school district must use an amount of local funds equal to the reduction in
				expenditures under subsection (1) of this section to carry out activities that
				could be supported with funds under the ESEA regardless of whether the school
				district is using funds under the ESEA for those activities.
(3) Notwithstanding subsection (1) of this
				section, if OSPI determines that a school district is unable to establish and
				maintain programs of FAPE that meet the requirements of this chapter and Part B
				of the act, the OSPI must prohibit the school district from reducing the level
				of expenditures under subsection (1) of this section for that fiscal
				year.
(4)The amount of funds
				expended by a school district for early intervening services under WAC
				392-172A-06085 shall count toward
				the maximum amount of expenditures that the school district may reduce under
				subsection (1) of this section.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-06025, 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 › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06030 - School wide programs under Title 1 of the ESSA

Current through Register Vol. 24-14, July 15, 2024
(1) A school district may use funds received
				under Part B of the act for any fiscal year to carry out a school wide program
				under
				20 U.S.C. Section
				6314, except that the amount used in any
				school wide program may not exceed:
(a) The
				amount received by the school district under Part B for that fiscal year;
				divided by the number of students eligible for special education services in
				the jurisdiction; multiplied by
(b)
				The number of students eligible for special education services participating in
				the school wide program.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06035 - Permissive use of funds

Current through Register Vol. 24-14, July 15, 2024
(1) Funds
				provided to a school district under Part B of the act may be used for the
				following activities:
(a) For the costs of
				special education and related services, and supplementary aids and services,
				provided in a general education class or other education-related setting to a
				student eligible for special education services in accordance with the IEP of
				the student, even if one or more nondisabled students benefit from these
				services.
(b) To develop and
				implement coordinated, early intervening educational services in accordance
				with WAC 392-172A-06085.
(c) To establish and implement cost or risk
				sharing funds, consortia, or cooperatives for the school district itself, or
				for school districts working in a consortium of which the district is a part,
				to pay for high cost special education and related services.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06040 - Purchase of and access to instructional materials

Current through Register Vol. 24-14, July 15, 2024
The OSPI has elected to coordinate with the National
				  Instructional Materials Access Center (NIMAC). School districts have the option
				  of coordinating with NIMAC.
(1) Not
				later than December 3, 2006, a school district that chooses to coordinate with
				NIMAC, when purchasing print instructional materials, including digital
				instructional materials, must acquire those instructional materials in
				accordance with subsection (2) of this section.
(2) If a school district chooses to
				coordinate with the NIMAC, as of December 3, 2006, it must:
(a) As part of any print instructional
				materials adoption process, procurement contract, or other practice or
				instrument used for purchase of print instructional materials, must enter into
				a written contract with the publisher of the print instructional materials to:
(i) Require the publisher to prepare and, on
				or before delivery of the print instructional materials, provide to NIMAC
				electronic files containing the contents of the print instructional materials
				using the NIMAS; or
(ii) Purchase
				instructional materials from the publisher that are produced in, or may be
				rendered in, specialized formats.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06045 - School district information for the OSPI

Current through Register Vol. 24-14, July 15, 2024
(1) The school district must provide the OSPI
				with information that is necessary to enable the OSPI to carry out its duties
				under Part B of the act and state law including, but not limited to, child
				count, least restrictive environment, suspension and expulsion rates,
				disproportionality, and other information relating to the performance of
				students eligible for special education services participating in programs
				carried out under Part B of the act.
(2) The information will be provided to the
				OSPI in the form and by the timelines specified for a particular
				report.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, 392-172A-06045, 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-06045, filed 6/29/07, effective 7/30/07.
					 WSR 13-20-001, § 392-172A-06045, 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 › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06050 - Public information

Current through Register Vol. 24-14, July 15, 2024
The school district must make available to parents of
				  students eligible for special education services and to the general public all
				  documents relating to the eligibility of the school district under Part B of
				  the act.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, 392-172A-06050, 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-06050, filed 6/29/07, effective 7/30/07.
					 WSR 13-20-001, § 392-172A-06050, 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 › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06055 - Records regarding migratory students eligible for special education services

Current through Register Vol. 24-14, July 15, 2024
The school district must cooperate in the secretary's efforts
				  under
				  20 U.S.C. Section
				  6398 to ensure the linkage of records
				  pertaining to migratory students eligible for special education services for
				  the purpose of electronically exchanging, among the states, health and
				  educational information regarding those students.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, 392-172A-06055, 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-06055, filed 6/29/07, effective 7/30/07.
					 WSR 13-20-001, § 392-172A-06055, 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 › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06060 - Exception for prior policies and procedures

Current through Register Vol. 24-14, July 15, 2024
(1) If a school district has policies and
				procedures on file with the OSPI that demonstrate that the school district
				meets the requirements of WAC
				392-172A-06000, including any
				policies and procedures filed under Part B of the act as in effect before
				December 3, 2004, the OSPI must consider the school district to have met that
				requirement for purposes of receiving assistance under Part B of the
				act.
(2) Subject to subsection (3)
				of this section, policies and procedures submitted by a school district in
				accordance with this subpart remain in effect until the school district submits
				to the OSPI the modifications that the school district determines are
				necessary.
(3) The OSPI may require
				a school district to modify its policies and procedures, but only to the extent
				necessary to ensure the school district's compliance with Part B of the act or
				state law, if:
(a) After December 3, 2004, the
				applicable provisions of the act or federal or state regulations developed to
				carry out the act, are amended;
(b)
				There is a new interpretation of an applicable provision of the act by federal
				or state courts; or
(c) There is an
				official finding of noncompliance with federal or state law or
				regulations.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06065 - Notification of a school district in case of ineligibility

Current through Register Vol. 24-14, July 15, 2024
(1) In the event the OSPI determines that a
				school district is not eligible under Part B of the act, or is not complying
				with corrective actions as a result of monitoring, state complaints, or due
				process decisions and the OSPI intends to withhold or recover funds in whole or
				in part, the school district shall be provided:
(a) Written notice of intent to withhold or
				recover funds and the reasons supporting its notice;
(b) The school district's opportunity for a
				hearing before the superintendent of public instruction's designee prior to a
				denial of the request.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06070 - School district compliance

Current through Register Vol. 24-14, July 15, 2024
(1)
				If the OSPI, after reasonable notice and an opportunity for a hearing, finds
				that a school district determined to be eligible under this subpart is failing
				to comply with any requirement described in WAC
				392-172A-06000 through
				392-172A-06060, the OSPI must
				reduce or must not provide any further payments to the school district until
				the OSPI is satisfied that the school district is complying with that
				requirement.
(2) Any school
				district in receipt of a notice of intent to withhold or recover funds must, by
				means of a public notice, take the measures necessary to bring the pendency of
				an action under this section to the attention of the public, within its
				jurisdiction.
(3) In carrying out
				its responsibilities under this section, the OSPI must consider the results of
				a due process hearing decision that is adverse to a school district.
Statutory
				  Authority: RCW 28A.155.090 and 34 C.F.R. Part 300 . WSR 13-20-034,
				  392-172A-06070, 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-06070, filed 6/29/07, effective 7/30/07.
				  WSR 13-20-001, § 392-172A-06070, 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 › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06075 - Collaborative requests

Current through Register Vol. 24-14, July 15, 2024
(1) The OSPI may
				require districts to submit a collaborative request for payments under Part B
				of the act if it is determined that a single district would be disapproved
				because the district is unable to establish and maintain programs of sufficient
				size and scope to effectively meet the educational needs of students eligible
				for special education services. Districts that apply for Part B funds in a
				collaborative request must meet the same minimum requirements as a single
				school district applicant. The request must be signed by the superintendent of
				each participating school district. The districts are jointly responsible for
				implementing programs receiving payments under Part B of the act. The total
				amount of funds made available to the affected school districts will be equal
				to the sum each would have received separately.
(2) The OSPI may not require a charter school
				to jointly establish its eligibility under subsection (1) of this section
				unless the charter school is explicitly permitted to do so under chapter
				28A.710 RCW.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, 392-172A-06075, 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-06075, filed 6/29/07, effective 7/30/07.
					 WSR 13-20-001, § 392-172A-06075, 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 › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06080 - Requirements for establishing eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) School districts that establish joint
				eligibility under this section must:
(a)
				Adopt policies and procedures that are consistent with the state's policies and
				procedures under WAC
				392-172A-06005; and
(b) Be jointly responsible for implementing
				programs that receive assistance under Part B of the act.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06085 - Coordinated early intervening services

Current through Register Vol. 24-14, July 15, 2024
(1) A school district may use up to fifteen
				percent of the amount the school district receives under Part B of the act for
				any fiscal year, less any amount reduced by the school district pursuant to WAC
				392-172A-06015 if any, in combination with other amounts (which may include
				amounts other than education funds), to develop and implement coordinated early
				intervening services (CEIS), which may include interagency financing
				structures. Those services are for students in kindergarten through grade
				twelve, with a particular emphasis on students in kindergarten through grade
				three, who are not currently identified as needing special education or related
				services, but who need additional academic and behavioral support to succeed in
				a general education environment.
(2) In implementing coordinated early
				intervening services under this section, a school district may carry out
				activities that include:
(a) Professional
				development, which may be provided by entities other than the school district,
				for teachers and other school staff to enable such personnel to deliver
				scientifically based academic and behavioral interventions, including
				scientifically based literacy instruction, and, where appropriate, instruction
				on the use of adaptive and instructional software; and
(b) Providing educational and behavioral
				evaluations, services, and supports, including scientifically based literacy
				instruction.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06090 - Direct services by the OSPI

Current through Register Vol. 24-14, July 15, 2024
(1)
				OSPI must use the payments that would otherwise have been available to a school
				district to provide special education and related services directly to students
				eligible for special education services in the area served by that school
				district, if the OSPI determines that the school district:
(a) Has not provided the information needed
				to establish the eligibility of the school district, or elected not to apply
				for its Part B allotment, under Part B of the act;
(b) Is unable to establish and maintain
				programs of FAPE that meet the requirements of this part;
(c) Is unable or unwilling to be consolidated
				with one or more school districts in order to establish and maintain the
				programs; or
(d) Has one or more
				students eligible for special education services who can best be served by a
				regional or state program or service delivery system designed to meet the needs
				of these students.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SCHOOL DISTRICT AND OTHER PUBLIC AGENCY REQUIREMENTS FOR PART B FUNDS › Section 392-172A-06095 - State agency eligibility

Current through Register Vol. 24-14, July 15, 2024
Any state agency that desires to receive a subgrant for any
				  fiscal year for Part B funding must demonstrate to the satisfaction of the OSPI
				  that:
(1) All children with
				disabilities who are participating in programs and projects funded under Part B
				of the act receive FAPE, and that those children and their parents are provided
				all the rights and procedural safeguards described in this part; and
(2) The agency meets the other conditions of
				this subpart that apply to school districts.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-06095, 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 › STATE PROCEDURES - MONITORING - ENFORCEMENT AND STATE PROGRAM INFORMATION › Section 392-172A-07000 - Methods of ensuring services

Current through Register Vol. 24-14, July 15, 2024
(1)
				The OSPI must ensure that an interagency agreement or other mechanism for
				interagency coordination is in effect between each noneducational public agency
				described in this section and the OSPI, in order to ensure that all services
				that are needed to ensure FAPE are provided, including the provision of these
				services during the pendency of any dispute under (c) of this subsection. The
				agreement or mechanism shall contain:
(a) An
				identification of, or a method of defining, the financial responsibility of
				each agency for providing services to ensure FAPE to students eligible for
				special education services. The financial responsibility of each noneducational
				public agency, including the state medicaid agency and other public insurers of
				students eligible for special education services, must precede the financial
				responsibility of the school district.
(b) The conditions, terms, and procedures
				under which a school district must be reimbursed by other agencies.
(c) Procedures for resolving interagency
				disputes (including procedures under which school districts may initiate
				proceedings) under the agreement or other mechanism to secure reimbursement
				from other agencies or otherwise implement the provisions of the agreement or
				mechanism.
(d) Policies and
				procedures for agencies to determine and identify the interagency coordination
				responsibilities of each agency to promote the coordination and timely and
				appropriate delivery of services described in subsection (2)(a) of this
				section.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STATE PROCEDURES - MONITORING - ENFORCEMENT AND STATE PROGRAM INFORMATION › Section 392-172A-07005 - Students eligible for special education services who are covered by public benefits or insurance or private insurance

Current through Register Vol. 24-14, July 15, 2024
(1) A school district may use the medicaid or
				other public benefits or insurance programs in which a student participates to
				provide or pay for services required under Part B of the act, as permitted
				under the public benefits or insurance program, except as provided under
				subsection (2) of this section.
(2)
				With regard to services required to provide FAPE to an eligible student, the
				school district:
(a) May not require parents
				to sign up for or enroll in public benefits or insurance programs in order for
				their student to receive FAPE under Part B of the act;
(b) May not require parents to incur an
				out-of-pocket expense such as the payment of a deductible or co-pay amount
				incurred in filing a claim for services provided pursuant to this part, but may
				pay the cost that the parents otherwise would be required to pay;
(c) May not use a student's benefits under a
				public benefits or insurance program if that use would:
(i) Decrease available lifetime coverage or
				any other insured benefit;
(ii)
				Result in the family paying for services that would otherwise be covered by the
				public benefits or insurance program and that are required for the student
				outside of the time the student is in school;
(iii) Increase premiums or lead to the
				discontinuation of benefits or insurance; or
(iv) Risk loss of eligibility for home and
				community-based waivers, based on aggregate health-related expenditures;
				and
(d) Prior to
				accessing a student's or parent's public benefits or insurance for the first
				time, and after providing notification to the student's parents consistent with
				subsection (3) of this section, the school district must obtain written,
				parental consent that:
(i) Meets the
				requirements of 34 C.F.R.
				Sec. 99.30 and WAC
				392-172A-05225, which consent
				must specify:
(A) The personally identifiable
				information that may be disclosed, such as records or information about the
				services that may be provided to a particular student;
(B) The purpose of the disclosure, such as
				billing for services under the act; and
(C) The agency to which the disclosure may be
				made such as the health care authority; and
(ii) Specifies that the parent understands
				and agrees that the public agency may access the parent's or student's public
				benefits or insurance to pay for services under the act.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › MONITORING › Section 392-172A-07010 - Monitoring

Current through Register Vol. 24-14, July 15, 2024
(1) The OSPI
				monitors school districts' special education programs to:
(a) Improve educational results and
				functional outcomes for all students eligible for special education
				services;
(b) Ensure that school
				districts meet the program requirements under Part B of the act with a
				particular emphasis on those requirements that are most closely related to
				improving educational results for students eligible for special education
				services;
(c) Determine the school
				district's compliance with this chapter, chapter 28A.155 RCW, and federal
				regulations implementing 20
				U.S.C. Sec. 1400, et seq.;
(d) Validate information included in school
				district requests for federal funds; and
(e) Measure and report school district
				performance on relative targets and priorities from federally approved state
				performance plans.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › MONITORING › Section 392-172A-07012 - Determinations

Current through Register Vol. 24-14, July 15, 2024
(1) The OSPI
				annually reviews the data it obtains from school districts through monitoring,
				submission of other required data reports, required by the district, and other
				public information provided by the district. Based on the data and information
				provided, OSPI determines if the school district:
(a) Meets the requirements and purposes of
				Part B of the act;
(b) Needs
				assistance in implementing the requirements of Part B of the act;
(c) Needs intervention in implementing the
				requirements of Part B of the act; or
(d) Needs substantial intervention in
				implementing the requirements of Part B of the act.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › PERFORMANCE GOALS AND INDICATORS - STATE PERFORMANCE PLANS AND ANNUAL PERFORMANCE REPORTS › Section 392-172A-07015 - Performance goals and indicators

Current through Register Vol. 24-14, July 15, 2024
(1)
				The OSPI has established goals for the performance of students eligible for
				special education services that promote the purposes of the act, and are
				consistent, to the maximum extent appropriate, with the state's learning goals
				for all students under section 1111 (b)(2)(C) of the ESEA,
				20 U.S.C. Sec.
				6311. The performance goals are identified in
				the state's performance plan, which is based upon district data provided to the
				OSPI.
(2) In addition, the OSPI has
				established performance indicators that are used to assess the state's and
				school districts' progress toward achieving those goals that at a minimum
				address the performance of eligible students on assessments, dropout rates,
				transition, and graduation rates.
(3) The state reports annually to the United
				States Department of Education and to the public through its annual performance
				report on the progress of the state, and of students eligible for special
				education services in the state, toward meeting the goals established under
				subsection (1) of this section.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, 392-172A-07015, 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-07015, filed 6/29/07, effective 7/30/07.
					 WSR 13-20-001, § 392-172A-07015, 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 › PERFORMANCE GOALS AND INDICATORS - STATE PERFORMANCE PLANS AND ANNUAL PERFORMANCE REPORTS › Section 392-172A-07020 - State performance plans and data collection

Current through Register Vol. 24-14, July 15, 2024
(1) The OSPI has established and provided to
				the United States Department of Education a performance plan that evaluates the
				state's efforts to implement the requirements and purposes of Part B of the
				act, and describes how the state will improve such implementation. The plan is
				reviewed annually and rewritten every six years or other timeline established
				by the United States Department of Education.
(2)
(a) As
				part of the state performance plan, the OSPI has established measurable and
				rigorous targets for indicators established by the department of education
				under the priority areas of general supervision including child find, effective
				monitoring, use of resolution meetings, mediation, and a system of transition
				services.
(b) The OSPI must collect
				valid and reliable information from districts, monitoring, and state data, as
				needed to report annually to the United States Department of Education on these
				indicators.
(c) Data collected on
				specific indicators through state monitoring or sampling are collected on those
				indicators for each school district at least once during the six year period of
				the state performance plan or other timeline established by the United States
				Department of Education.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › PERFORMANCE GOALS AND INDICATORS - STATE PERFORMANCE PLANS AND ANNUAL PERFORMANCE REPORTS › Section 392-172A-07025 - State use of targets and reporting

Current through Register Vol. 24-14, July 15, 2024
(1)
				The OSPI uses the targets established in the state's performance plan and the
				priority areas to analyze the performance of each school district.
(2)
(a) The
				OSPI reports annually to the public on the performance of each school district
				on the indicators in the state's performance plan; and makes the state's
				performance plan available through public means, including posting on the
				website of the OSPI, distribution to the media, and distribution through public
				agencies, subject to subsection (4) of this section.
(b) If the OSPI collects performance data
				through monitoring or sampling, the OSPI includes the most recently available
				performance data on each school district and the date the data were
				obtained.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › PERFORMANCE GOALS AND INDICATORS - STATE PERFORMANCE PLANS AND ANNUAL PERFORMANCE REPORTS › Section 392-172A-07030 - State enforcement

Current through Register Vol. 24-14, July 15, 2024
If the OSPI determines that a school district is not meeting
				  the requirements of Part B of the act, including the targets in the state's
				  performance plan, OSPI must prohibit the school district from reducing the
				  school district's maintenance of effort under WAC
				  392-172A-06015 for any fiscal
				  year, in addition to any other authority it has to monitor and enforce the
				  requirements of Part B of the act.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. WSR 07-14-078, § 392-172A-07030, filed 6/29/07, effective
					 7/30/07.