reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › FAPE REQUIREMENTS › Section 392-172A-02015 - Availability of assistive technology

Current through Register Vol. 24-14, July 15, 2024
(1)
				Each school district shall ensure that assistive technology devices or
				assistive technology services, or both, are made available to a student
				eligible for special education services if required as part of the student's:
(a) Special education services;
(b) Related services; or
(c) Supplementary aids and
				services.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › FAPE REQUIREMENTS › Section 392-172A-02020 - Extended school year services

Current through Register Vol. 24-14, July 15, 2024
(1)
				Extended school year services means services meeting state standards contained
				in this chapter that are provided to a student eligible for special education
				services:
(a) Beyond the normal school
				year;
(b) In accordance with the
				student's IEP; and
(c) Are provided
				at no cost to the parents of the student.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › FAPE REQUIREMENTS › Section 392-172A-02025 - Nonacademic services

Current through Register Vol. 24-14, July 15, 2024
(1) Each school
				district must take steps, including the provision of supplementary aids and
				services determined appropriate and necessary by the student's IEP team, to
				provide nonacademic and extracurricular services and activities in the manner
				necessary to afford students eligible for special education services an equal
				opportunity for participation in those services and activities.
(2) Nonacademic and extracurricular services
				and activities may include counseling services, athletics, transportation,
				health services, recreational activities, special interest groups or clubs
				sponsored by the school district, referrals to agencies that provide assistance
				to individuals with disabilities, and employment of students, including both
				employment by the public agency and assistance in making outside employment
				available.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-02025, 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-02030 - Physical education

Current through Register Vol. 24-14, July 15, 2024
(1) Physical
				education services, specially designed if necessary, must be made available to
				every student receiving FAPE.
(2)
				Each student eligible for special education services must be afforded the
				opportunity to participate in the general physical education program available
				to students who are not disabled unless:
(a)
				The student is enrolled full time in a separate facility; or
(b) The student needs specially designed
				physical education, as described in the student's individualized education
				program.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › FAPE REQUIREMENTS › Section 392-172A-02035 - Program options

Current through Register Vol. 24-14, July 15, 2024
Each school district shall ensure that its students eligible
				  for special education services have available to them the variety of
				  educational programs and services available to nondisabled students in the
				  school district's area, including art, music, and career and technical
				  education.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-02035, 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-02040 - Child find

Current through Register Vol. 24-14, July 15, 2024
(1) School
				districts shall conduct child find activities calculated to reach all students
				with a suspected disability for the purpose of locating, evaluating and
				identifying students who are in need of special education and related services,
				regardless of the severity of their disability. The child find activities shall
				extend to students residing within the school district boundaries whether or
				not they are enrolled in the public school system; except that students
				attending approved nonprofit private elementary or secondary schools located
				within the school district boundaries shall be located, identified and
				evaluated consistent with WAC
				392-172A-04005. School districts
				will conduct any required child find activities for infants and toddlers,
				consistent with the child find requirements of the lead agency for Part C of
				the act.
(2) Child find activities
				must be calculated to reach students who are homeless, wards of the state,
				highly mobile students with disabilities, such as homeless and migrant students
				and students who are suspected of being a student with a disability and in need
				of special education services, even though they are advancing from grade to
				grade.
(3) The school district
				shall have policies and procedures in effect that describe the methods it uses
				to conduct child find activities in accordance with subsections (1) and (2) of
				this section. Methods used may include, but are not limited to, activities such
				as:
(a) Providing written notification to all
				parents of students in the school district's jurisdiction regarding access to
				and the use of its child find system;
(b) Posting notices in school buildings,
				other public agency offices, medical facilities, and other public areas,
				describing the availability of child find;
(c) Offering preschool developmental
				screenings;
(d) Conducting local
				media informational campaigns;
(e)
				Coordinating distribution of information with other child find programs within
				public and private agencies; and
(f) Using internal district child find
				methods such as screening, reviewing district-wide test results, providing
				in-service education to staff, and other methods developed by the school
				district to identify, locate and evaluate students including a systematic,
				intervention based, process within general education for determining the need
				for a special education services referral.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › FAPE REQUIREMENTS › Section 392-172A-02045 - Routine checking of hearing aids and external components of surgically implanted medical devices

Current through Register Vol. 24-14, July 15, 2024
(1) Hearing
				aids. Each school district must ensure that hearing aids worn in school by
				students who are deaf or hard of hearing are functioning properly.
(2) External components of surgically
				implanted medical devices. Each school district must ensure that the external
				components of surgically implanted medical devices are functioning
				properly.
(3) A school district is
				not responsible for the postsurgi-cal maintenance, programming, or replacement
				of the medical device that has been surgically implanted or of an external
				component of the surgically implanted medical device.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-02045, 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 › LEAST RESTRICTIVE ENVIRONMENT AND PLACEMENT › Section 392-172A-02050 - Least restrictive environment

Current through Register Vol. 24-14, July 15, 2024
Subject to the exceptions for students in adult correctional
				  facilities, school districts shall ensure that the provision of services to
				  each student eligible for special education services, including preschool
				  students and students in public or private institutions or other care
				  facilities, shall be provided:
(1) To
				the maximum extent appropriate in the general education environment with
				students who are nondisabled; and
(2) Special classes, separate schooling or
				other removal of students eligible for special education services from the
				general educational environment occurs only if the nature or severity of the
				disability is such that education in general education classes with the use of
				supplementary aids and services cannot be achieved satisfactorily.
(3) The public agency responsible for
				providing FAPE to a preschool child with a disability must ensure that FAPE is
				provided in the least restrictive environment where the child's unique needs
				(as described in the child's IEP) can be met, regardless of whether the local
				education agency operates public preschool programs for children without
				disabilities. Least restrictive environment must be determined based on each
				individual child's needs and should not automatically be developmental
				preschool.
(4) For children ages
				three to five, a general education environment is a regular early childhood
				program as defined in WAC
				392-172A-01152.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-02050, 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 › LEAST RESTRICTIVE ENVIRONMENT AND PLACEMENT › Section 392-172A-02055 - Continuum of alternative placements

Current through Register Vol. 24-14, July 15, 2024
(1) Each school district shall ensure that a
				continuum of alternative placements is available to meet the special education
				and related services needs of students eligible for special education services
				between the ages of three and twenty-one years old.
(2) The continuum required in this section
				for eligible students kindergarten (including five year olds in kindergarten)
				through age twenty-one must:
(a) Include the
				placements listed in the definition of special education services in WAC
				392-172A-01175, such as
				instruction in general education classes, special education classes, special
				schools, home instruction, and instruction in hospitals and institutions;
				and
(b) Make provision for
				supplementary services such as resource room or itinerant instruction to be
				provided in conjunction with general education classroom placement.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › LEAST RESTRICTIVE ENVIRONMENT AND PLACEMENT › Section 392-172A-02060 - Placements

Current through Register Vol. 24-14, July 15, 2024
(1) When
				determining the educational placement of a student eligible for special
				education services including a preschool student, the placement decision shall
				be determined annually and made by a group of persons, including the parents,
				and other persons knowledgeable about the student, the evaluation data, and the
				placement options.
(2) The
				selection of the appropriate placement for each student shall be based upon:
(a) The student's IEP;
(b) The least restrictive environment
				requirements contained in WAC 392-172A-02050 through
				392-172A-02070, including this
				section;
(c) The placement
				option(s) that provides a reasonably high probability of assisting the student
				to attain his or her annual goals; and
(d) A consideration of any potential harmful
				effect on the student or on the quality of services which he or she
				needs.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › LEAST RESTRICTIVE ENVIRONMENT AND PLACEMENT › Section 392-172A-02065 - Nonacademic settings

Current through Register Vol. 24-14, July 15, 2024
In providing or arranging for the provision of nonacademic
				  and extracurricular services and activities, including meals, recess periods,
				  each public agency must ensure that each student eligible for special education
				  services participates with nondisabled students in the extracurricular services
				  and activities to the maximum extent appropriate to the needs of that student.
				  The public agency must ensure that each student eligible for special education
				  services has the supplementary aids and services determined by the student's
				  IEP team to be appropriate and necessary for the student to participate in
				  nonacademic settings.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-02065, 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 › LEAST RESTRICTIVE ENVIRONMENT AND PLACEMENT › Section 392-172A-02070 - Students in public or private institutions

Current through Register Vol. 24-14, July 15, 2024
The state shall make arrangements with public and private
				  institutions as may be necessary to ensure that the least restrictive
				  environment provisions in this chapter are effectively
				  implemented.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-02070, 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 › OTHER REQUIREMENTS › Section 392-172A-02075 - Prohibition on mandatory medication

Current through Register Vol. 24-14, July 15, 2024
(1)
				School district personnel are prohibited from requiring parents to obtain a
				prescription for the following substances as a condition of a student attending
				school, participating in school district sponsored activities, receiving an
				evaluation, or receiving special education services:
(a) Substances identified under Schedules I,
				II, III, IV, or Vin section 202(c) of the Controlled Substances Act
				(21 U.S.C. Sec.
				812(c));
(b) Substances identified under Schedules I,
				II, III, IV, or V of the Uniform Controlled Substances Act (chapter 69.50 RCW);
				and
(c) Any legend drug as defined
				by RCW
				69.41.010, unless otherwise required under
				RCW
				28A.210.320.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › OTHER REQUIREMENTS › Section 392-172A-02080 - Transition of children from the Part C program to preschool programs

Current through Register Vol. 24-14, July 15, 2024
Each school district shall have policies and procedures for
				  transition to preschool programs to ensure that:
(1) Students participating in early
				intervention programs assisted under Part C of the IDEA, and who will
				participate in preschool programs assisted under Part B of the IDEA, experience
				a smooth and effective transition to those preschool programs in a manner
				consistent with the Part C requirements.
(2)
(a)
				Each school district will participate in transition planning conferences
				arranged by the designee of the lead agency for Part C in the state. A
				transition planning conference will be convened for each student who may be
				eligible for preschool services at least ninety days prior to the student's
				third birthday.
(b) Within
				twenty-five school days following the transition planning conference, a
				determination whether or not to evaluate the student for Part B will be made.
				The district will provide prior written notice of the decision that complies
				with the requirements of WAC
				392-172A-05010.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › OTHER REQUIREMENTS › Section 392-172A-02085 - Homeless children

Current through Register Vol. 24-14, July 15, 2024
In carrying out the provisions of this chapter, school
				  districts shall ensure that the rights of homeless children and youth are
				  protected consistent with the requirements under the McKinney-Vento Homeless
				  Assistance Act, as amended.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-02085, 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 › OTHER REQUIREMENTS › Section 392-172A-02095 - Transportation

Current through Register Vol. 24-14, July 15, 2024
(1) Methods.
				Transportation options for students eligible for special education services
				shall include the following categories and shall be exercised in the following
				sequence:
(a) A scheduled school
				bus;
(b) Contracted transportation,
				including public transportation; and
(c) Other transportation arrangements,
				including that provided by parents. Board and room cost in lieu of
				transportation may be provided whenever the above stated transportation options
				are not feasible because of the need(s) of the student or because of the
				unavailability of adequate means of transportation, in accordance with rules of
				the superintendent of public instruction.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › OTHER REQUIREMENTS › Section 392-172A-02100 - Home/hospital instruction

Current through Register Vol. 24-14, July 15, 2024
(1) Home or
				hospital instruction shall be provided to students eligible for special
				education services and other students who are unable to attend school for an
				estimated period of four weeks or more because of disability or
				illness.
(2) As a condition to such
				services, the parent of a student shall request the services and provide a
				written statement to the school district from a qualified medical practitioner
				that states the student will not be able to attend school for an estimated
				period of at least four weeks.
(3)
				A student who is not determined eligible for special education services, but
				who qualifies pursuant to this subsection shall be deemed " as having a
				disability" only for the purpose of home/hospital instructional services and
				funding and may not otherwise qualify as a student eligible for special
				education services for the purposes of generating state or federal special
				education funds.
(4) A school
				district shall not pay for the cost of the statement from a qualified medical
				practitioner for the purposes of qualifying a student for home/hospital
				instructional services pursuant to this section.
(5) Home/hospital instructional services
				funded in accordance with the provisions of this section shall not be used for
				the initial or ongoing delivery of services to students eligible for special
				education services in a homebound or hospital placement pursuant to a student's
				individualized education program.
(6) Home/hospital instruction shall be
				limited to services necessary to provide temporary intervention as a result of
				a physical disability or illness.
(7) A student eligible for special education
				services who qualifies for home/hospital instruction must continue to receive
				IEP team determined educational services that provide a FAPE, so as to enable
				the student to continue to participate in the general education curriculum,
				although in another setting, and to progress toward meeting the goals set out
				in the student's IEP.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 .
					 09-20-053, § 392-172A-02100, 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-02100, 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 › OTHER REQUIREMENTS › Section 392-172A-02105 - Emergency response protocols

Current through Register Vol. 24-14, July 15, 2024
(1)
				If the parent and the school district determine that a student requires
				advanced educational planning, the parent and the district may develop
				emergency response protocols to be used in the case of emergencies that pose an
				imminent likelihood of serious harm, as defined in this section. Emergency
				response protocols, if developed, must be incorporated into a student's IEP.
				Emergency response protocols shall not be used as a substitute for the
				systematic use of a behavioral intervention plan that is designed to change,
				replace, modify, or eliminate a targeted behavior. Emergency response protocols
				are subject to the conditions and limitations as follows:
(a) The student's parent provides consent, as
				defined in WAC
				392-172A-01040, in advance, to
				the emergency response protocols to be adopted;
(b) The emergency response protocols specify:
(i) The emergency conditions under which
				isolation, restraint, or restraint devices, if any, may be used;
(ii) The type of isolation, restraint, and/or
				restraint device, if any, that may be used;
(iii) The staff members or contracted
				positions permitted to use isolation, restraint, or restraint devices with the
				student, updated annually, and identify any required training associated with
				the use of isolation, restraint, or restraint device for each staff member or
				contracted position;
(iv) Any other
				special precautions that must be taken.
(c) Any use of isolation, restraint, and/or
				restraint device must be discontinued as soon as the likelihood of serious harm
				has dissipated.
(d) Any staff
				member or other adults using isolation, restraint, or a restraint device must
				be trained and currently certified by a qualified provider in the use of
				trauma-informed crisis intervention (including de-escalation techniques) and
				the safe use of isolation, restraint, or a restraint device.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › OTHER REQUIREMENTS › Section 392-172A-02110 - Isolation or restraint-Conditions.

Current through Register Vol. 24-14, July 15, 2024
Any use of isolation, restraint, and/or a restraint device
				  shall be used only when a student's behavior poses an imminent likelihood of
				  serious harm. The limited use of isolation, restraint, or restraint device not
				  prohibited in WAC 392-172A-02076 is conditioned upon compliance with the
				  following procedural and substantive safeguards:
(1) Isolation. The use of isolation as
				defined by
				RCW
				28A.600.485 is subject to each of the
				following conditions:
(a) The isolation must
				be discontinued as soon as the likelihood of serious harm has
				dissipated.
(b) The isolation
				enclosure shall be ventilated, lighted, and temperature controlled from inside
				or outside for purposes of human occupancy.
(c) The isolation enclosure shall permit
				continuous visual monitoring of the student from outside the
				enclosure.
(d) An adult responsible
				for supervising the student shall remain in visual range of the student at all
				times.
(e) Either the student shall
				be capable of releasing himself or herself from the enclosure, or the student
				shall continuously remain within view of an adult responsible for supervising
				the student.
(f) Any staff member
				or other adults using isolation must be trained and currently certified by a
				qualified provider in the use of trauma-informed crisis intervention (including
				de-escalation techniques), and also trained by the district in isolation
				requirements, or otherwise available in the case of an emergency when trained
				personnel are not immediately available due to the unforeseeable nature of the
				emergency.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Consent › Section 392-172A-03000 - Parental consent for initial evaluations, initial services and reevaluations

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) A school district proposing to conduct an
				  initial evaluation to determine if a student is eligible for special education
				  services must provide prior written notice consistent with WAC 392-172A-05010
				  and obtain informed consent from the parent before conducting the
				  evaluation.
(b) Parental consent
				  for an initial evaluation must not be construed as consent for initial
				  provision of special education and related services.
(c) The school district must make reasonable
				  efforts to obtain the informed consent from the parent for an initial
				  evaluation to determine whether the student is eligible for special education
				  services.
(d) If the student is a
				  ward of the state and is not residing with the student's parent, the school
				  district or public agency is not required to obtain informed consent from the
				  parent for an initial evaluation to determine eligibility for special education
				  services if:
(i) Despite reasonable efforts to
				  do so, the school district cannot discover the whereabouts of the parent of the
				  child;
(ii) The rights of the
				  parents of the child have been terminated; or
(iii) The rights of the parent to make
				  educational decisions have been subrogated by a judge in accordance with state
				  law and consent for an initial evaluation has been given by an individual
				  appointed by the judge to represent the child.
(e) If the parent of a student enrolled in
				  public school or seeking to be enrolled in public school does not provide
				  consent for an initial evaluation under subsection (1) of this section, or the
				  parent fails to respond to a request to provide consent, the school district
				  may, but is not required to, pursue the initial evaluation of the student by
				  using due process procedures or mediation.
(f) The school district does not violate its
				  child find and evaluation obligations, if it declines to pursue the initial
				  evaluation when a parent refuses to provide consent under (e) of this
				  subsection.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › EVALUATIONS AND REEVALUATIONS › Section 392-172A-03005 - Referral and timelines for initial evaluations

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) A
				parent of a child, a school district, a public agency, or other persons
				knowledgeable about the child may initiate a referral request for an initial
				evaluation to determine if the student is eligible for special education
				services.
(b) The request must be
				in writing, unless the person is unable to write and/or communicate
				orally.
(c) Each school district
				must have an optional referral form for requesting an initial evaluation
				available to the general public and provide it upon receipt of any referral
				request in the requestor's native language or with the support of a qualified
				interpreter when needed.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › EVALUATIONS AND REEVALUATIONS › Section 392-172A-03010 - Screening for instructional purposes is not an evaluation

Current through Register Vol. 24-14, July 15, 2024
The screening of a student by a teacher or specialist to
				  determine appropriate instructional strategies for curriculum implementation
				  shall not be considered to be an evaluation for eligibility for special
				  education and related services.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-03010, 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 › EVALUATIONS AND REEVALUATIONS › Section 392-172A-03015 - Reevaluation timelines

Current through Register Vol. 24-14, July 15, 2024
(1) A school
				district must ensure that a reevaluation of each student eligible for special
				education services is conducted in accordance with WAC 392-172A-03020 through
				392-172A-03080 when:
(a) The school district
				determines that the educational or related services needs, including improved
				academic achievement and functional performance, of the student warrant a
				reevaluation; or
(b) If the child's
				parent or teacher requests a reevalua-tion.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › EVALUATIONS AND REEVALUATIONS › Section 392-172A-03020 - Evaluation procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The school
				district must provide prior written notice to the parents of a student, in
				accordance with WAC
				392-172A-05010, that describes
				any evaluation procedures the district proposes to conduct.
(2) In conducting the evaluation, the group
				of qualified professionals selected by the school district must:
(a) Use a variety of assessment tools and
				strategies to gather relevant functional, developmental, and academic
				information about the student, including information provided by the parent,
				that may assist in determining:
(i) Whether
				the student is eligible for special education services as defined in WAC
				392-172A-01175; and
(ii) The content of the student's IEP,
				including information related to enabling the student to be involved in and
				progress in the general education curriculum, or for a preschool child, to
				participate in appropriate activities;
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › EVALUATIONS AND REEVALUATIONS › Section 392-172A-03025 - Review of existing data for evaluations and reevaluations

Current through Register Vol. 24-14, July 15, 2024
As part of an initial evaluation, if appropriate, and as part
				  of any reevaluation, the IEP team and other qualified professionals, as
				  appropriate, must:
(1) Review existing
				evaluation data on the student, including:
(a)
				Evaluations and information provided by the parents of the student;
(b) Current classroom-based, local, or state
				assessments, and classroom-based observations; and
(c) Observations by teachers and related
				services providers.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › EVALUATIONS AND REEVALUATIONS › Section 392-172A-03030 - Evaluations before change in eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Except as provided in subsection (2) of
				this section, school districts must evaluate a student eligible for special
				education services in accordance with WAC 392-172A-03020 through 392-172A-03080
				before determining that the student is no longer eligible for special education
				services.
(2) A reevaluation is not
				required before the termination of a student's eligibility due to graduation
				from secondary school with a regular diploma, or due to exceeding the age
				eligibility for FAPE under WAC
				392-172A-02000(2)(c).
(3) For a student whose eligibility
				terminates under circumstances described in subsection (2) of this section, a
				public agency must provide the student with a summary of the student's academic
				achievement and functional performance, which shall include recommendations on
				how to assist the student in meeting the student's postsecondary
				goals.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-03030, 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 › EVALUATIONS AND REEVALUATIONS › Section 392-172A-03035 - Evaluation report

Current through Register Vol. 24-14, July 15, 2024
(1) The evaluation
				report shall be sufficient in scope for the IEP team to develop an IEP, and at
				a minimum, must include:
(a) A statement of
				whether the student has a disability that meets the eligibility criteria in
				this chapter;
(b) A discussion of
				the assessments and review of data that supports the conclusion regarding
				eligibility including additional information required under WAC 392-172A-03080
				for students with specific learning disabilities;
(c) How the student's disability affects the
				student's involvement and progress in the general education curriculum or for
				preschool children, in appropriate activities;
(d) The recommended special education
				services, and any related services the evaluation group determines the student
				needs in order to benefit from special education services;
(e) Other information, as determined through
				the evaluation process and parental input, needed to develop an IEP;
(f) The date and signature of each
				professional member of the group certifying that the evaluation report
				represents his or her conclusion. If the evaluation report does not reflect his
				or her conclusion, the professional member of the group must include a separate
				statement representing his or her conclusions.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › EVALUATIONS AND REEVALUATIONS › Section 392-172A-03040 - Determination of eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
				completion of the administration of assessments and other evaluation measures:
(a) A group of qualified professionals and
				the parent of the student determine whether the student is eligible for special
				education services and the educational needs of the student; and
(b) The school district must provide a copy
				of the evaluation report and the documentation of determination of eligibility
				at no cost to the parent.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES › Section 392-172A-03045 - District procedures for specific learning disabilities

Current through Register Vol. 24-14, July 15, 2024
In addition to the evaluation procedures for determining
				  whether students are eligible for special education services, school districts
				  must follow additional procedures for identifying whether a student has a
				  specific learning disability. Each school district shall develop procedures for
				  the identification of students with specific learning disabilities which may
				  include the use of:
(1) A severe
				discrepancy between intellectual ability and achievement; or
(2) A process based on the student's response
				to scientific, research-based intervention; or
(3) A combination of both within a school
				district, provided that the evaluation process used is the same for all
				students within the selected grades or buildings within the school district and
				is in accordance with district procedures.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 .
					 09-20-053, § 392-172A-03045, 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-03045, 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 › ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES › Section 392-172A-03050 - Additional members of the evaluation group

Current through Register Vol. 24-14, July 15, 2024
The determination of whether the student is eligible for
				  special education services in the specific learning disability category shall
				  be made by the student's parent and a group of qualified professionals which
				  must include:
(1) The student's
				general education classroom teacher; or
(2) If the student does not have a general
				education classroom teacher, a general education classroom teacher qualified to
				teach a student of his or her age; or
(3) For a student of less than school age, an
				individual qualified to teach a student of his or her age; and
(4) At least one individual qualified to
				conduct individual diagnostic examinations of students, such as school
				psychologist, speech language pathologist, or remedial reading
				teacher.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-03050, 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 › ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES › Section 392-172A-03055 - Specific learning disability - Determination

Current through Register Vol. 24-14, July 15, 2024
The group described in WAC
				  392-172A-03050 may determine that
				  a student has a specific learning disability if:
(1) The student does not achieve adequately
				for the student's age or meet the state's grade level standards when provided
				with learning experiences and instruction appropriate for the student's age in
				one or more of the following areas:
(a) Oral
				expression.
(b) Listening
				comprehension.
(c) Written
				expression.
(d) Basic reading
				skill.
(e) Reading fluency
				skills.
(f) Reading
				comprehension.
(g) Mathematics
				calculation.
(h) Mathematics
				problem solving.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES › Section 392-172A-03060 - Process based on a student's response to scientific research-based intervention

Current through Register Vol. 24-14, July 15, 2024
(1) School
				districts using a process based on a student's response to scientific,
				research-based interventions to determine if a student has a specific learning
				disability shall adopt procedures to ensure that such process includes the
				following elements:
(a) Universal screening
				and/or benchmarking at fixed intervals at least three times throughout the
				school year;
(b) A high quality
				core curriculum designed to meet the instructional needs of all
				students;
(c) Scientific
				research-based interventions as defined in WAC
				392-172A-01165 are identified for
				use with students needing additional instruction;
(d) Scientific research-based interventions
				used with a student are appropriate for the student's identified need and are
				implemented with fidelity;
(e) A
				multitiered model is developed for delivering both the core curriculum and
				strategic and intensive scientific research-based interventions in the general
				education setting;
(f) Frequent
				monitoring of individual student progress occurs in accordance with the
				constructs of the multitiered delivery system implemented in the school
				consistent with the intervention and tier at which it is being applied;
				and
(g) Decision making using
				problem solving or standard treatment protocol techniques is based upon, but
				not limited to, student centered data including the use of curriculum based
				measures, available standardized assessment data, intensive interventions, and
				instructional performance level.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES › Section 392-172A-03065 - Use of discrepancy tables for determining severe discrepancy

Current through Register Vol. 24-14, July 15, 2024
(1) If the school
				district uses a severe discrepancy model, it will use the OSPI's published
				discrepancy tables for the purpose of determining a severe discrepancy between
				intellectual ability and academic achievement.
(2) The tables are developed on the basis of
				a regressed standard score discrepancy method that includes:
(a) The reliability coefficient of the
				intellectual ability test;
(b) The
				reliability coefficient of the academic achievement test; and
(c) An appropriate correlation between the
				intellectual ability and the academic achievement tests.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES › Section 392-172A-03070 - Method for documenting severe discrepancy

Current through Register Vol. 24-14, July 15, 2024
(1) For the purposes of applying the severe
				discrepancy tables, the following scores shall be used:
(a) A total or full scale intellectual
				ability score;
(b) An academic
				achievement test score which can be converted into a standard score with a mean
				of one hundred and a standard deviation of fifteen; and
(c) A severe discrepancy between the
				student's intellectual ability and academic achievement in one or more of the
				areas addressed in WAC
				392-172A-03055(1)
				shall be determined by applying the regressed standard score discrepancy method
				to the obtained intellectual ability and achievement test scores using the
				tables referenced above.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES › Section 392-172A-03075 - Observation of students suspected of having a specific learning disability

Current through Register Vol. 24-14, July 15, 2024
(1) School
				districts must ensure that a student who is suspected of having a specific
				learning disability is observed in the student's learning environment,
				including the general education classroom setting, to document the student's
				academic performance and behavior in the areas of difficulty.
(2) The evaluation group must:
(a) Use information from an observation in
				routine classroom instruction and monitoring of the student's performance that
				was done before the student was referred for an evaluation; or
(b) Have at least one member of the
				evaluation group conduct an observation of the student's academic performance
				in the general education classroom after the student has been referred for an
				evaluation and parental consent is obtained.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH SPECIFIC LEARNING DISABILITIES › Section 392-172A-03080 - Specific documentation for the eligibility determination of students suspected of having specific learning disabilities

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to the requirements for
				evaluation reports under WAC
				392-172A-03035, for a student
				suspected of having a specific learning disability, the documentation of the
				determination of eligibility must contain a statement of:
(a) Whether the student has a specific
				learning disability;
(b) The basis
				for making the determination, including an assurance that the determination has
				been made in accordance with WAC
				392-172A-03040;
(c) The relevant behavior, if any, noted
				during the observation of the student and the relationship of that behavior to
				the student's academic functioning;
(d) Any educationally relevant medical
				findings;
(e) Whether:
(i) The student does not achieve adequately
				for the student's age or meet state grade level standards in one or more of the
				areas described in WAC
				392-172A-03055(1);
				and
(ii)
(A) The student does not make sufficient
				progress to meet age or state grade level standards when using a process based
				on the student's response to scientific research-based interventions consistent
				with WAC 392-172A-03060; or
(B) The student meets eligibility through a
				severe discrepancy model consistent with WAC
				392-172A-03070; and
(C) If used as part of the eligibility
				determination under (A) or (B) of this subsection, a discussion of the
				student's pattern of strengths and weaknesses in performance, achievement or
				both, relative to age, state grade level standards, or intellectual
				development.
(f) The determination of the group concerning
				the effects of a visual, hearing, or motor disability; intellectual disability;
				emotional disturbance; cultural factors; environmental or economic
				disadvantage; or limited English proficiency on the student's achievement
				level; and
(g) If the student has
				participated in a process that assesses the student's response to scientific,
				research-based intervention:
(i) The
				instructional strategies used and the student-centered data collected in
				accordance with the district's response to intervention procedures;
				and
(ii) The documentation that the
				student's parents were notified about:
(A)
				State and school district policies regarding the amount and nature of student
				performance data that would be collected and the general education services
				that would be provided;
(B)
				Strategies for increasing the student's rate of learning; and
(C) The parents' right to request an
				evaluation.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › INDIVIDUALIZED EDUCATION PROGRAMS › Section 392-172A-03090 - Definition of individualized education program

Current through Register Vol. 24-14, July 15, 2024
(1) The term IEP means a written statement
				for each student eligible for special education services that is developed,
				reviewed, and revised in a meeting in accordance with WAC 392-172A-03095
				through 392-172A-03100, and that must
				include:
(a) A statement of the student's
				present levels of academic achievement and functional performance, including:
(i) How the student's disability affects the
				student's involvement and progress in the general education curriculum (the
				same curriculum as for nondisabled students); or
(ii) For preschool children, as appropriate,
				how the disability affects the child's participation in appropriate
				activities;