reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › INDIVIDUALIZED EDUCATION PROGRAMS › Section 392-172A-03095 - IEP team membership

Current through Register Vol. 24-14, July 15, 2024
(1) School
				districts must ensure that the IEP team for each student eligible for special
				education services includes:
(a) The parents
				of the student;
(b) Not less than
				one general education teacher of the student if the student is, or may be,
				participating in the general education environment;
(c) Not less than one special education
				teacher of the student, or where appropriate, not less than one special
				education provider of the student;
(d) A representative of the public agency
				who:
(i) Is qualified to provide, or supervise
				the provision of, specially designed instruction to meet the unique needs of
				students eligible for special education services;
(ii) Is knowledgeable about the general
				education curriculum; and
(iii) Is
				knowledgeable about the availability of resources of the school
				district.
(e) An
				individual who can interpret the instructional implications of evaluation
				results, who may be a member of the team described in (b) through (e) of this
				subsection;
(f) At the discretion
				of the parent or the school district, other individuals who have knowledge or
				special expertise regarding the student, including related services personnel
				as appropriate; and
(g) Whenever
				appropriate, the student.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › INDIVIDUALIZED EDUCATION PROGRAMS › Section 392-172A-03100 - Parent participation

Current through Register Vol. 24-14, July 15, 2024
A school district must ensure that one or both of the parents
				  of a student eligible for special education services are present at each IEP
				  team meeting or are afforded the opportunity to participate, including:
(1) Notifying parents of the meeting early
				enough to ensure that they will have an opportunity to attend; and
(2) Scheduling the meeting at a mutually
				agreed on time and place.
(3) The
				notification required under subsection (1) of this subsection must:
(a) Indicate the purpose, time, and location
				of the meeting and who will be in attendance;
(b) Inform the parents about the provisions
				relating to the participation of other individuals on the IEP team who have
				knowledge or special expertise about the student, and participation of the Part
				C service coordinator or other designated representatives of the Part C system
				as specified by the state lead agency for Part C at the initial IEP team
				meeting for a child previously served under Part C of IDEA; and
(c) Include whatever action is necessary to
				ensure that the parent understands the notification being provided including,
				but not limited to, providing the notification in writing in a parent's native
				language when necessary for the parent's understanding and arranging for an
				interpreter for parents who are deaf or hard of hearing or whose native
				language is other than English.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › INDIVIDUALIZED EDUCATION PROGRAMS › Section 392-172A-03105 - When IEPs must be in effect

Current through Register Vol. 24-14, July 15, 2024
(1)
				At the beginning of each school year, each school district must have an IEP in
				effect for each student eligible for special education services that it is
				serving through enrollment in the district.
(2) For an initial IEP, a school district
				must ensure that:
(a) The school district
				holds a meeting to develop the student's IEP within thirty days of a
				determination that the student is eligible for special education and related
				services; and
(b) As soon as
				possible following development of the IEP, special education and related
				services are made available to the student in accordance with the student's
				IEP.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › INDIVIDUALIZED EDUCATION PROGRAMS › Section 392-172A-03110 - Development, review, and revision of IEP

Current through Register Vol. 24-14, July 15, 2024
(1) In developing each student's IEP, the IEP
				team must consider:
(a) The strengths of the
				student;
(b) The concerns of the
				parents for enhancing the education of their student;
(c) The results of the initial or most recent
				evaluation of the student; and
(d)
				The academic, developmental, and functional needs of the student.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › INDIVIDUALIZED EDUCATION PROGRAMS › Section 392-172A-03115 - Educational placements

Current through Register Vol. 24-14, July 15, 2024
Consistent with WAC
				  392-172A-05000(3)(a),
				  each school district must ensure that the parents of each student eligible for
				  special education services are members of any group that makes decisions on the
				  educational placement of the student.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-03115, 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 › AVERSIVE INTERVENTIONS › Section 392-172A-03120

Current through Register Vol. 24-14, July 15, 2024
Statutory
				  Authority:
				  RCW
				  28A.155.090 and 34 C.F.R. Part 300 . WSR
				  13-20-034, § 392-172A-03120, 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-03120, filed 6/29/07, effective
				  7/30/07. WSR 13-20-001, § 392-172A-03120, filed 9/18/2013, 2:26 p.m.,
				  effective 10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › AVERSIVE INTERVENTIONS › Section 392-172A-03125

Current through Register Vol. 24-14, July 15, 2024
Statutory
				  Authority:
				  RCW
				  28A.155.090 and 34 C.F.R. Part 300 . WSR
				  13-20-034, § 392-172A-03125, 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-03125, filed 6/29/07, effective
				  7/30/07. WSR 13-20-001, § 392-172A-03125, filed 9/18/2013, 2:26 p.m.,
				  effective 10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › AVERSIVE INTERVENTIONS › Section 392-172A-03130

Current through Register Vol. 24-14, July 15, 2024
Statutory
				  Authority:
				  RCW
				  28A.155.090 and 34 C.F.R. Part 300 . WSR
				  13-20-034, § 392-172A-03130, 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-03130, filed 6/29/07, effective
				  7/30/07. WSR 13-20-001, § 392-172A-03130, filed 9/18/2013, 2:26 p.m.,
				  effective 10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › AVERSIVE INTERVENTIONS › Section 392-172A-03135

Current through Register Vol. 24-14, July 15, 2024
Statutory
				  Authority:
				  RCW
				  28A.155.090 and 34 C.F.R. Part 300 . WSR
				  13-20-034, § 392-172A-03135, filed 9/24/13, effective 10/25/13; WSR
				  09-20-053, § 392-172A-03135, filed 10/1/09, effective 11/1/09. Statutory
				  Authority:
				  RCW
				  28A.155.090(7) and 42 U.S.C.
				  1400 et. seq. WSR 07-14-078, § 392-172A-03135, filed 6/29/07, effective
				  7/30/07. WSR 13-20-001, § 392-172A-03135, filed 9/18/2013, 2:26 p.m.,
				  effective 10/19/2013
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04000 - Definition of parentally placed private school students

Current through Register Vol. 24-14, July 15, 2024
Parentally placed private school students means students
				  eligible for special education services enrolled by their parents in approved,
				  nonprofit private, including religious, elementary or secondary schools. It
				  does not include students receiving home-based instruction under
				  RCW
				  28A.225.010(4) or students
				  placed by a school district in a nonpublic agency for the provision of
				  FAPE.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-04000, 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 › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04005 - Child find for parentally placed private school students eligible for special education services

Current through Register Vol. 24-14, July 15, 2024
(1)
				Each school district must locate, identify, and evaluate all students who may
				be eligible for special education services who are enrolled by their parents in
				approved, nonprofit private, including religious, elementary and secondary
				schools located in the school district, in accordance with general child find
				procedures and subsections (2) through (5) of this section.
(2) The child find process must be designed
				to ensure:
(a) The equitable participation of
				parentally placed private school students; and
(b) An accurate count of those
				students.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04010 - Provision of services for parentally placed private school students eligible for special education services

Current through Register Vol. 24-14, July 15, 2024
(1)
				In addition to the provisions addressed in this section, parents who have
				placed their children in a for profit or nonprofit private school are entitled
				to enroll their children part-time in their resident district for any course,
				activity or ancillary service, not provided by the private school under chapter
				392-134 WAC and pursuant to WAC
				392-172A-01135. Parents who elect
				to enroll part-time in their resident district in order to receive special
				education and/or related services are served through an IEP and are counted for
				federal and state special education reimbursement.
(2) To the extent consistent with the number
				and location of students eligible for special education services who are
				enrolled by their parents in approved, nonprofit private, including religious,
				elementary and secondary schools located in the school district boundaries, and
				who are not part-time enrolled for special education services under chapter
				392-134 WAC, districts must allow for the participation of those students by
				providing them with special education and related services, including direct
				services determined in accordance with WAC
				392-172A-04035.
(3) In accordance with subsection (2) of this
				section and WAC 392-172A-04035 through
				392-172A-04070, a services plan
				must be developed and implemented for each nonprofit private school student
				eligible for special education services who has been designated by the school
				district to receive special education and related services.
(4) Each school district must maintain in its
				records, and provide to the OSPI, the following information related to
				parentally placed nonprofit private school students:
(a) The number of students evaluated,
				including initial evaluations and reevaluations;
(b) The number of students determined
				eligible for special education services; and
(c) The number of students served through a
				services plan.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04015 - Expenditures

Current through Register Vol. 24-14, July 15, 2024
(1) To meet the
				requirement of WAC
				392-172A-04010(2),
				each school district must make available the following amounts for providing
				special education and related services, including direct services to parentally
				placed nonprofit private school students eligible for special education
				services.
(a) For students eligible for
				special education services aged three through twenty-one, an amount that is the
				same proportion of the school district's total subgrant under section 611(f) of
				the act as the number of private school students eligible for special education
				services aged three through twenty-one who are enrolled by their parents in
				approved, nonprofit private, including religious, elementary schools and
				secondary schools located in the school district, is to the total number of
				students eligible for special education services in its jurisdiction aged three
				through twenty-one.
(b)
(i) For children aged three through five, an
				amount that is the same proportion of the school district's total sub-grant
				under section 619(g) of the act as the number of parentally placed nonprofit
				private school students eligible for special education services aged three
				through five who are enrolled by their parents in approved, nonprofit private,
				including religious, elementary schools located in the school district, is to
				the total number of students eligible for special education services in its
				jurisdiction aged three through five.
(ii) As described in (b)(i) of this
				subsection, students aged three through five are considered to be parentally
				placed private school students enrolled by their parents in private, including
				religious, elementary schools, if they are enrolled in an approved, nonprofit
				private school at the kindergarten level or above.
(c) If a school district has not expended all
				of the funds for equitable services described in (a) and (b) of this subsection
				by the end of the fiscal year for which Congress appropriated the funds, the
				remaining funds must be obligated for special education and related services to
				parentally placed nonprofit private school students eligible for special
				education services during a carry-over period of one additional year.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04020 - Consultation

Current through Register Vol. 24-14, July 15, 2024
To ensure timely and meaningful consultation, a school
				  district must consult with private school representatives and representatives
				  of parents of parentally placed nonprofit private school students eligible for
				  special education services during the design and development of special
				  education and related services for the students regarding the following:
(1) The child find process, including:
(a) How parentally placed private school
				students suspected of having a disability can participate equitably;
				and
(b) How parents, teachers, and
				private school officials will be informed of the process.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04025 - Written affirmation

Current through Register Vol. 24-14, July 15, 2024
(1) When timely
				and meaningful consultation has occurred, the school district must obtain a
				written affirmation signed by the representatives of participating nonprofit
				private schools after timely and meaningful consultation.
(2) If the representatives do not provide the
				affirmation within a reasonable period of time, the school district must
				forward the documentation of the consultation process to the OSPI.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-04025, 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 › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04030 - Compliance with procedures for consultation

Current through Register Vol. 24-14, July 15, 2024
(1) A private school official has the right
				to submit a complaint to the OSPI, special education division that the school
				district:
(a) Did not engage in consultation
				that was meaningful and timely; or
(b) Did not give due consideration to the
				views of the private school official.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04035 - Determination of equitable services

Current through Register Vol. 24-14, July 15, 2024
(1)
				A parentally placed private school student does not have an individual right to
				receive some or all of the special education and related services that the
				student would receive if enrolled full- or part-time in a public
				school.
(2) Decisions about the
				services that will be provided to parentally placed private school students
				eligible for special education services under WAC 392-172A-04010 through
				392-172A-04070 must be made in accordance with subsection (4) of this section
				and the consultation process.
(3)
				The school district must make the final decisions with respect to the services
				to be provided to eligible parentally placed private school students eligible
				for special education services.
(4)
				If a student eligible for special education services is enrolled in a religious
				or other private school by the student's parents and will receive special
				education or related services from a school district, the school district must:
(a) Initiate and conduct meetings to develop,
				review, and revise a services plan for the student; and
(b) Ensure that a representative of the
				religious or other private school attends each meeting. If the representative
				cannot attend, the school district shall use other methods to ensure
				participation by the religious or other private school, including individual or
				conference telephone calls.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04040 - Equitable services provided

Current through Register Vol. 24-14, July 15, 2024
(1)
				The services provided to parentally placed nonprofit private school students
				eligible for special education services must be provided by personnel meeting
				the same standards as personnel providing services in the public
				schools.
(2) Parentally placed
				private school students eligible for special education services may receive a
				different amount of services than students eligible for special education
				services attending public schools.
(3) Each parentally placed private school
				student eligible for special education services who has been designated to
				receive services must have a services plan that describes the specific special
				education and related services that the school district will provide in light
				of the services that the school district has determined, it will make available
				to parentally placed private school students eligible for special education
				services.
(4) The services plan
				must, to the extent appropriate:
(a) Meet the
				requirements of WAC
				392-172A-03090, with respect to
				the services provided; and
(b) Be
				developed, reviewed, and revised consistent with WAC 392-172A-03090 through
				392-172A-03110.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04045 - Location of services and transportation

Current through Register Vol. 24-14, July 15, 2024
(1) Services to parentally placed nonprofit
				private school students eligible for special education services may be provided
				on the premises of private schools.
(2) If necessary for the student to benefit
				from or participate in the services provided, a parentally placed private
				school student eligible for special education services must be provided
				transportation:
(a) From the student's school
				or the student's home to a site other than the private school; and
(b) From the service site to the private
				school, or to the student's home, depending on the timing of the
				services.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04050 - Due process and state complaints regarding parentally placed students in a private school

Current through Register Vol. 24-14, July 15, 2024
(1) Due process
				procedures are not available for complaints that a school district has failed
				to meet the requirements regarding consultation, determination of need and
				provision of services, including the provision of services indicated on the
				student's services plan.
(2) Due
				process procedures may be used by a parent who is alleging that a school
				district has failed to meet child find requirements related to the parentally
				placed students in private schools.
(3) Any due process request regarding the
				child find requirements described in subsection (2) of this section must be
				filed with the school district in which the private school is located and a
				copy must be forwarded to the OSPI in accordance with the due process
				procedures in WAC
				392-172A-05080 through
				392-172A-05125.
(4) State complaints. Any complaint that OSPI
				or a school district has failed to meet the requirements in WAC
				392-172A-04010 through
				392-172A-04015 and
				392-172A-04025 through
				392-172A-04070 must be filed in
				accordance with the state complaint procedures described in WAC
				392-172A-05025 through
				392-172A-05040.
(5) A complaint filed by a private school
				official under WAC
				392-172A-04030 must be filed with
				the OSPI in accordance with the procedures in that section.
Statutory Authority: RCW 28A.155.090,
					 20 U.S.C.
					 1400 (c)(12)(C),
					 20 U.S.C.
					 1401(3)(A)(i), and
					 20 U.S.C.
					 1401(30)(C). 11-06-052,
					 § 392-172A-04050, filed 3/1/11, effective 4/1/11. Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-04050, 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 › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04055 - Requirement that funds not benefit a private school

Current through Register Vol. 24-14, July 15, 2024
Public funds provided and property derived from those funds
				  shall not benefit any private school or agency.
A school district must use funds provided under the act to
				  meet the special education and related services needs of students enrolled in
				  nonprofit private schools, but not for:
(1) The needs of a private school;
				or
(2) The general needs of the
				students enrolled in the private school.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-04055, 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 › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04060 - Use of personnel

Current through Register Vol. 24-14, July 15, 2024
(1) School district
				or other public agency personnel may be made available to private schools and
				agencies only to the extent necessary to provide services required by the
				student if those services are not normally provided by the private
				school.
(2) Each school district or
				other public agency providing services to students enrolled in private schools
				or agencies shall maintain continuing administrative control and direction over
				those services.
(3) Services to
				private school students shall not include the payment of salaries of teachers
				or other employees of private schools or agencies, except for services
				performed outside regular hours of the school day and under public supervision
				and control.
Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300
					 . 09-20-053, § 392-172A-04060, 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-04060, 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 › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04065 - Prohibition on the use of separate classes

Current through Register Vol. 24-14, July 15, 2024
A school district may not use federal funds available under
				  section 611 or 619 of the act for classes that are organized separately on the
				  basis of school enrollment or religion of the students if:
(1) The classes are at the same site;
				and
(2) The classes include
				students enrolled in public schools and students enrolled in private
				schools.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-04065, 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 › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS › Section 392-172A-04070 - Property, equipment and supplies

Current through Register Vol. 24-14, July 15, 2024
(1)
				A school district must control and administer the funds used to provide special
				education and related services for students eligible for those services in
				private schools, and hold title to and administer materials, equipment, and
				property purchased with those funds for the uses and purposes provided in the
				act.
(2) Equipment and supplies
				used with students in a private school or agency may be placed on private
				school premises for the period of time necessary for the program. Equipment and
				supplies placed on private school premises will be used only for Part B
				purposes.
(3) Records shall be kept
				of equipment and supplies and an accounting made of the equipment and supplies
				which shall assure that the equipment is used solely for the purposes of the
				program. Equipment and supplies placed in private schools must be able to be
				removed from the private school without remodeling the private school
				facility.
(4) The equipment and
				supplies shall be removed from the private school or agency if necessary to
				avoid its being used for other purposes or if it is no longer needed for Part B
				purposes.
(5) Funds shall not be
				used for repairs, minor remodeling, or to construct facilities for private
				schools or agencies.
Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300
					 . 09-20-053, § 392-172A-04070, 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-04070, 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 › STUDENTS IN PRIVATE OR PUBLIC SCHOOLS PLACED OR REFERRED BY SCHOOL DISTRICTS › Section 392-172A-04080 - Applicability and authorization

Current through Register Vol. 24-14, July 15, 2024
(1)
				The provisions of WAC 392-172A-04080 through 392-172A-04095 apply to students
				eligible for special education services who have been placed in or referred to
				an in-state private elementary or secondary school or facility, or placed in or
				referred to a public or private out-of-state elementary or secondary school or
				facility meeting nonpublic agency (NPA) approval by the student's school
				district as a means of providing special education and related services when
				the school district cannot provide an appropriate education for the student
				within the district.
(2)
(a) School districts are also authorized to
				contract with other public and private agencies under WAC 392-121-188 to
				provide special education or related services, or both to eligible students
				when the private or public agency does not meet the criteria for nonpublic
				agencies under WAC 392-172A-04090 and
				392-172A-04095, but the school
				district determines that the private or public agency can provide the student
				with a free appropriate public education (FAPE).
(b) When a district contracts with other
				public or private agencies to provide special education or related services or
				both, under subsection (2)(a) of this section, the school district shall notify
				in writing the OSPI special education division of its intent to serve a student
				under this section and ensure that it follows the requirements under WAC
				392-172A-04085.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS IN PRIVATE OR PUBLIC SCHOOLS PLACED OR REFERRED BY SCHOOL DISTRICTS › Section 392-172A-04085 - Responsibility of the school district

Current through Register Vol. 24-14, July 15, 2024
(1)
				A school district that places a student eligible for special education services
				with a nonpublic agency or with another private or public agency under WAC
				392-172A-04080(2)
				 for special education and related services
				shall develop a written contract which must include, but not be limited to, the
				following elements:
(a) The names of the
				parties involved;
(b) The name(s)
				of the student(s);
(c) The
				location(s) and setting(s) of the services to be provided;
(d) A description of services provided,
				program administration and supervision, including access to state learning
				standards;
(e) The charges and
				reimbursement including billing and payment procedures;
(f) The total contract cost;
(g) A description of the district
				responsibility and process of data collection and reporting for the student(s),
				including the data required under IDEA, restraint or isolation (RCW
				28A.600.485) reports to parents and the OSPI,
				and school discipline;
(h)
				Assurance that the requirements of WAC 392-172A-02105 through 392-172A-02110
				are met (including requirements for parental consent, notification, and
				reporting);
(i) Assurance that the
				agency will notify the school district and OSPI of program changes within the
				agency that may affect the agency's ability to contract or any complaints
				against the agency regarding services to students eligible for special
				education services; and
(j) Any
				other contractual elements including those identified in WAC 392-121-188 that
				may be necessary to assure compliance with state and federal rules.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS IN PRIVATE OR PUBLIC SCHOOLS PLACED OR REFERRED BY SCHOOL DISTRICTS › Section 392-172A-04090 - Approval of nonpublic agencies

Current through Register Vol. 24-14, July 15, 2024
(1)
				The school district shall notify the special education division of the OSPI, in
				writing, of their intent to serve a student through contract with a nonpublic
				agency.
(2) The school district and
				the nonpublic agency will review the requirements for approval and complete the
				application for nonpublic agency approval. In addition, the school district
				shall conduct an on-site visit of the nonpublic agency.
(3) Upon review of the completed application
				which includes the results of the on-site visit, the OSPI may conduct an
				independent on-site visit, if appropriate, and will determine whether the
				application will be approved or disapproved.
(4) The OSPI makes information regarding
				currently approved nonpublic agencies available on its website.
(5) School districts shall ensure that an
				approved non-public agency is able to provide the services required to meet the
				unique needs of any student being placed according to the provisions of WAC
				392-172A-04080 through
				392-172A-04095.
(6) Private schools or facilities located in
				other states must first be approved by the state education agency of the state
				in which the educational institution is located to provide FAPE to students
				referred by school districts. Documentation of the approval shall be provided
				to OSPI. In the event the other state does not have a formal approval process,
				the private school or facility shall meet the requirements for approval in this
				state under the provisions of this chapter.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, § 392-172A-04090, filed 9/24/13, effective 10/25/13. Statutory
					 Authority:
					 RCW
					 28A.155.090,
					 20 U.S.C.
					 1400 (c)(12)(C),
					 20 U.S.C.
					 1401(3)(A)(i), and
					 20 U.S.C.
					 1401(30)(C). WSR 11-06-052,
					 § 392-172A-04090, filed 3/1/11, effective 4/1/11. Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. WSR 07-14-078, § 392-172A-04090, filed 6/29/07, effective
					 7/30/07. WSR 13-20-001, § 392-172A-04090, 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 › STUDENTS IN PRIVATE OR PUBLIC SCHOOLS PLACED OR REFERRED BY SCHOOL DISTRICTS › Section 392-172A-04095 - Application requirements for nonpublic agency approval

Current through Register Vol. 24-14, July 15, 2024
(1) A nonpublic agency must meet the
				following requirements to be approved:
(a)
				The nonpublic agency is approved by the state board as a private school, and
				has at least one certificated teacher with a special education endorsement,
				other certificated teachers who meet state standards, and related services
				staff meeting state licensure requirements for their profession. If the
				education program is associated with a facility, such as a hospital mental
				health, or treatment facility, and the program is not an approved private
				school, the program must comply with the licensing requirements for the
				facility, such as the department of health, and the facility will assure that
				it has teachers who meet certification requirements developed by the
				professional educators standards board, related services staff meeting state
				licensure requirements for their profession as applicable, and at least one
				certificated teacher with a special education endorsement.
(b) The private school or facility meets
				applicable fire codes of the local or state fire marshal, including inspections
				and documentation of corrections of violation.
(c) The private school or facility meets
				applicable health and safety standards.
(d) The private school or facility can
				demonstrate through audits that it is financially stable, and has accounting
				systems that allow for separation of school district funds.
(e) The private school or facility has
				procedures in place that address staff hiring and evaluation including:
(i) Checking personal and professional
				references for employees;
(ii)
				Criminal background checks in accordance with state rules for public school
				employees;
(iii) Regular scheduling
				of staff evaluations of the competencies that enable the staff to work with
				students.
(f) The
				private school or facility has a policy of nondiscrimination.
(g) The private school or facility meets
				state education rules for hours and days of instruction.
(h) The private school or facility
				understands and has procedures in place to protect the procedural safeguards of
				the students eligible for special education services and their
				families.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STUDENTS IN PRIVATE OR PUBLIC SCHOOLS PLACED OR REFERRED BY SCHOOL DISTRICTS › Section 392-172A-04100 - Notification of nonpublic agency program changes

Current through Register Vol. 24-14, July 15, 2024
(1) An approved nonpublic agency must notify
				any school districts with whom they contract and the OSPI of any major program
				changes that occur during the approval period, including adding additional
				services or changing the type of programs available to students. OSPI will
				review these program changes with affected districts to determine whether the
				nonpublic agency remains able to provide contracted services to public school
				students eligible for special education services.
(2) An approved nonpublic agency must
				promptly notify any school districts with whom they contract and the OSPI of
				any conditions that would affect their ability to continue to provide
				contracted services to public school students eligible for special education
				services.
(3) An approved nonpublic
				agency must promptly notify any school districts with whom they contract and
				the OSPI of any complaints it receives regarding services to
				students.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-04100, 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 › STUDENTS IN PRIVATE OR PUBLIC SCHOOLS PLACED OR REFERRED BY SCHOOL DISTRICTS › Section 392-172A-04105 - Suspension, revocation or refusal to renew approval

Current through Register Vol. 24-14, July 15, 2024
OSPI may suspend, revoke or refuse to renew its approval of a
				  nonpublic agency to contract with school districts for the provision of special
				  education services if the nonpublic agency:
(1) Fails to maintain the approval standards
				in WAC 392-172A-04090 through
				392-172A-04100;
(2) Violates the rights of students eligible
				for special education services; or
(3) Refuses to implement any corrective
				actions ordered by the OSPI.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-04105, 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 › STUDENTS IN PRIVATE OR PUBLIC SCHOOLS PLACED OR REFERRED BY SCHOOL DISTRICTS › Section 392-172A-04110 - State responsibility for non-public agency placements

Current through Register Vol. 24-14, July 15, 2024
In implementing the nonpublic agency provisions of WAC
				  392-172A-04080 through
				  392-172A-04105, the state
				  shall:
(1) Monitor compliance through
				procedures such as written reports, on-site visits, and parent
				questionnaires;
(2) Disseminate
				copies of applicable standards to each private school and facility to which a
				public agency has referred or placed a student eligible for special education
				services; and
(3) Provide an
				opportunity for those private schools and facilities to participate in the
				development and revision of state standards that apply to them.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-04110, 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 › STUDENTS ELIGIBLE FOR SPECIAL EDUCATION SERVICES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOLS WHEN FAPE IS AT ISSUE › Section 392-172A-04115 - Placement of students when FAPE is at issue

Current through Register Vol. 24-14, July 15, 2024
(1) If a student eligible for special
				education services has a FAPE available and the parents choose to place the
				student in a private school or facility, the school district is not required by
				this chapter to pay for the student's education, including special education
				and related services, at the private school or facility. However, the school
				district shall include that student in the population whose needs are addressed
				consistent with WAC 392-172A-04000 through
				392-172A-04070.
(2) Disagreements between the parents and a
				school district regarding the availability of a program appropriate for the
				student and the question of financial reimbursement are subject to the due
				process procedures at WAC 392-172A-05080 through
				392-172A-05125.
(3) If the parents of a student, who
				previously received special education and related services under the authority
				of a school district, enroll the student in a private preschool, elementary or
				secondary school, or other facility without the consent of or referral by a
				school district or other public agency, a court or an administrative law judge
				may require a school district or other public agency to reimburse the parents
				for the cost of that enrollment if the court or administrative law judge finds
				that a school district or other public agency had not made a free appropriate
				public education available to the student in a timely manner prior to that
				enrollment and that the private placement is appropriate. A parental placement
				may be found to be appropriate by a hearing officer or a court even if it does
				not meet the state standards that apply to education provided by a school
				district or other public agency.
(4) The cost of reimbursement may be reduced
				or denied if:
(a)
(i) At the most recent individualized
				education program meeting that the parents attended prior to removal of the
				student from the public school, the parents did not inform the team that they
				were rejecting the placement proposed by a school district to provide a FAPE to
				their student, including stating their concerns and their intent to enroll
				their student in a private school at public expense; or
(ii) At least ten business days (including
				any holidays that occur on a business day) prior to the removal of the student
				from the public school, the parents did not give written notice to a school
				district of the information described in (a)(i) of this subsection;
				or
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › PROCEDURAL SAFEGUARDS › Section 392-172A-05000 - Opportunity to examine records

Current through Register Vol. 24-14, July 15, 2024
The parents of a student eligible for special education
				  services must be afforded an opportunity to inspect and review all education
				  records. Inspection and review of education records is provided consistent with
				  WAC 392-172A-05180 through
				  392-172A-05245.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-05000, 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 › PROCEDURAL SAFEGUARDS › Section 392-172A-05001 - Parent participation in meetings

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The
				parents of a student eligible for special education services must be afforded
				an opportunity to participate in meetings with respect to the identification,
				evaluation, educational placement and the provision of FAPE to the
				student.
(b) Each school district
				must provide notice consistent with WAC
				392-172A-03100(1) and
				(3) to ensure that parents of students
				eligible for special education services have the opportunity to participate in
				meetings described in (a) of this subsection.
(c) A meeting does not include informal or
				unscheduled conversations involving school district personnel and conversations
				on issues such as teaching methodology, lesson plans, or coordination of
				service provision. A meeting also does not include preparatory activities that
				school district personnel engage in to develop a proposal or response to a
				parent proposal that will be discussed at a later meeting.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › PROCEDURAL SAFEGUARDS › Section 392-172A-05005 - Independent educational evaluation

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Parents of a student eligible for special
				education services have the right under this chapter to obtain an independent
				educational evaluation of the student if the parent disagrees with the school
				district's evaluation subject to subsections (2) through (7) of this
				section.
(b) Each school district
				shall provide to parents, upon request for an independent educational
				evaluation, information about where an independent educational evaluation may
				be obtained, and the agency criteria applicable for independent educational
				evaluations as set forth in subsection (7) of this section.
(c) For the purposes of this section:
(i) Independent educational evaluation means
				an evaluation conducted by a qualified examiner who is not employed by the
				school district responsible for the education of the student in question;
				and
(ii) Public expense means that
				the school district either pays for the full cost of the evaluation or ensures
				that the evaluation is otherwise provided at no cost to the parent, consistent
				with this chapter.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › PROCEDURAL SAFEGUARDS › Section 392-172A-05010 - Prior notice and contents

Current through Register Vol. 24-14, July 15, 2024
(1)
				Written notice that meets the requirements of subsection (2) of this section
				must be provided to the parents of a student eligible for special education
				services, or referred for special education services a reasonable time before
				the school district:
(a) Proposes to initiate
				or change the identification, evaluation, or educational placement of the
				student or the provision of FAPE to the student; or
(b) Refuses to initiate or change the
				identification, evaluation, or educational placement of the student or the
				provision of FAPE to the student.