reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › PROCEDURAL SAFEGUARDS › Section 392-172A-05015 - Procedural safeguards notice

Current through Register Vol. 24-14, July 15, 2024
(1)
				School districts must provide a copy of the procedural safeguards that are
				available to the parents of a student eligible for special education services
				one time a school year, and:
(a) Upon initial
				referral or parent request for evaluation;
(b) Upon receipt of the first state complaint
				and receipt of the first due process complaint in a school year;
(c) When a decision is made to remove a
				student for more than ten school days in a year, and that removal constitutes a
				change of placement; and
(d) Upon
				request by a parent.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › PROCEDURAL SAFEGUARDS › Section 392-172A-05020 - Electronic mail

Current through Register Vol. 24-14, July 15, 2024
A parent of a student eligible for special education services
				  may elect to receive prior written notices, procedure safeguards notices and
				  notices relating to due process hearing requests by an electronic mail
				  communication, if the school district makes that option available.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-05020, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STATE COMMUNITY COMPLAINT PROCEDURES › Section 392-172A-05025 - Procedures for filing a complaint

Current through Register Vol. 24-14, July 15, 2024
(1)
				An organization or individual, including an organization or individual from
				another state, may file with the OSPI special education division, a written,
				signed complaint that the OSPI, or a subgrantee of the OSPI including, but not
				limited to, an ESD, school district, or other subgrantee is violating or has
				violated Part B of the Individuals with Disabilities Education Act or
				regulations implementing the act.
(2)
(a) A
				written complaint filed with OSPI will include:
(i)
(A) A
				statement that the agency has violated or is violating one or more requirements
				of Part B of IDEA including the state and federal regulations implementing the
				act; or
(B) A statement that the
				school district is not implementing a mediation agreement or a resolution
				agreement;
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STATE COMMUNITY COMPLAINT PROCEDURES › Section 392-172A-05030 - Investigation of the complaint and decision

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of a properly filed
				complaint, the OSPI shall send a copy of the complaint to the school district
				or other agency for their investigation of the alleged violations. A complaint
				against OSPI shall be investigated pursuant to WAC
				392-172A-05040.
(2) The OSPI will provide the complainant the
				opportunity to submit additional information, either orally or in writing,
				about the allegations contained in the complaint. If the additional information
				contains new information, the OSPI may, in its discretion, either notify the
				district of the additional issues or inform the parent of the option to open a
				new complaint.
(3) The school
				district or other agency shall respond in writing to the OSPI with
				documentation of the investigation, no later than seventeen calendar days after
				the date of receipt of the complaint.
(4) The response to the OSPI shall clearly
				state whether:
(a) The allegations contained
				in the complaint are denied and the basis for such denial; or
(b) The allegations are admitted and with
				proposed reasonable corrective action(s) deemed necessary to correct the
				violation.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STATE COMMUNITY COMPLAINT PROCEDURES › Section 392-172A-05035 - Community complaints and due process hearings

Current through Register Vol. 24-14, July 15, 2024
(1) If a written complaint is received that
				is also the subject of a due process hearing under this chapter or contains
				multiple issues, of which one or more are part of that hearing, the OSPI must
				set aside any part of the complaint that is being addressed in the due process
				hearing, until the conclusion of the hearing. However, any issue in the
				complaint that is not a part of the due process hearing must be resolved using
				the time limit and procedures described in this section.
(2) If an issue is raised in a complaint
				filed under this section that has previously been decided in a due process
				hearing involving the same parties:
(a) The
				hearing decision is binding; and
(b) The OSPI must inform the complainant to
				that effect.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STATE COMMUNITY COMPLAINT PROCEDURES › Section 392-172A-05040 - Complaints against OSPI

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt
				of a complaint against the OSPI alleging a violation under this section, the
				superintendent will designate an investigator within ten days to investigate
				the complaint.
(2) Investigation by
				the OSPI may include on-site investigations, interviews, and other
				documentation as appropriate.
(3)
				Upon completion of the investigation, the investigator shall provide the
				superintendent of public instruction with a written report on the results of
				the investigation and shall issue a written decision including findings of
				facts, conclusions and the reasons for the decision. The decision will be
				provided to the complainant as soon as possible but in no event later than
				sixty calendar days after the date of receipt of such complaint by the
				superintendent of public instruction.
(4) If corrective actions are required, the
				decision will include the corrective measures deemed necessary to correct any
				violation. Any such corrective measures deemed necessary shall be instituted as
				soon as possible, but no later than the date for the corrective action,
				addressed in the decision.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-05040, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › STATE COMMUNITY COMPLAINT PROCEDURES › Section 392-172A-05045 - Informing the public about complaint procedures

Current through Register Vol. 24-14, July 15, 2024
The OSPI shall inform parents and other interested
				  individuals about the community complaint procedures in this chapter. Specific
				  actions to be taken by the superintendent of public instruction include:
(1) Widely disseminating copies of the
				state's procedures to parents and other interested individuals, including
				protection and advocacy agencies, parent training and information centers,
				independent living centers, and other appropriate entities;
(2) Posting information about the complaint
				procedures on the website;
(3)
				Conducting in-service training sessions on the complaint process through
				educational service districts; and
(4) Including information about the complaint
				procedures at statewide conferences.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-05045, 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 › MEDIATION › Section 392-172A-05060 - Mediation purpose-Availability

Current through Register Vol. 24-14, July 15, 2024
(1)
				The purpose of mediation is to offer both the parent and the school district an
				opportunity to resolve disputes and reach a mutually acceptable agreement
				concerning the identification, evaluation, educational placement or provision
				of FAPE to the student through the use of an impartial mediator.
(2) Mediation is voluntary and requires the
				agreement of both parties. It may be terminated by either party at any time
				during the mediation process.
(3)
				Mediation cannot be used to deny or delay a parent's right to a due process
				hearing under this chapter, or to deny any other rights afforded under this
				chapter.
(4) Mediation services are
				provided by the OSPI at no cost to either party, including the costs of
				meetings described in WAC
				392-172A-05075. To access the
				statewide mediation system, a request for mediation services may be made in
				writing or verbally to administrative agents for the OSPI. Written confirmation
				of the request shall be provided to both parties by an intake coordinator and a
				mediator shall be assigned to the case.
(5) The OSPI will provide mediation services
				for individuals whose primary language is not English or who use another mode
				of communication when requested unless it is clearly not feasible to do so.
				Each session in the mediation process shall be scheduled in a timely manner and
				shall be held in a location that is convenient to the parties to the
				dispute.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-05060, 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 › MEDIATION › Section 392-172A-05065 - Qualifications and selection of mediators

Current through Register Vol. 24-14, July 15, 2024
(1) Mediation shall be conducted by qualified
				and impartial mediators who are knowledgeable in laws and regulations relating
				to the provision of special education and related services.
(2) An individual who serves as a mediator:
(a) May not be an employee of any school
				district or other public or private agency that is providing education or
				related services to a student who is the subject of the mediation process;
				and
(b) Shall not have a personal
				or professional conflict of interest; and
(c) A person who otherwise qualifies as a
				mediator is not an employee of a school district or other public agency solely
				because he or she is paid by the agency to serve as a mediator.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › MEDIATION › Section 392-172A-05070 - Resolution of a dispute through mediation

Current through Register Vol. 24-14, July 15, 2024
(1) If the parties resolve a dispute through
				the mediation process, the parties must execute a legally binding agreement
				that sets forth that resolution and that:
(a)
				States that all discussions that occurred during the mediation process will
				remain confidential and may not be used as evidence in any subsequent due
				process hearing or civil proceeding; and
(b) Is signed by both the parent and a
				representative of the agency who has the authority to bind such
				agency.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › MEDIATION › Section 392-172A-05075 - Meeting to encourage mediation

Current through Register Vol. 24-14, July 15, 2024
(1)
				A school district may establish procedures to offer parents who elect not to
				use the mediation process to meet, at a time and location convenient to the
				parents, with a disinterested party:
(a) Who
				is under contract with appropriate alternative dispute resolution entity or a
				parent training and information center; and
(b) Who would explain the benefits of the
				mediation process, and encourage the parents to use the process.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05080 - Right to a due process hearing

Current through Register Vol. 24-14, July 15, 2024
(1)
				A parent or a school district may file a due process hearing request on any of
				the matters relating to the identification, evaluation or educational
				placement, or the provision of FAPE to a student.
(2) The due process hearing request must be
				made within two years of, and allege a violation that occurred not more than
				two years before, the date the parent or school district knew or should have
				known about the alleged action that forms the basis of the due process
				complaint except the timeline does not apply to a parent if the parent was
				prevented from filing a due process hearing request due to:
(a) Specific misrepresentations by the school
				district that it had resolved the problem forming the basis of the due process
				hearing request; or
(b) The school
				district withheld information from the parent that was required under this
				chapter to be provided to the parent.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05085 - Due process hearing request filing and response

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) To
				file a due process hearing request, the parent or the school district (party),
				or the attorney representing a party, must:
(i) Serve the request, which must remain
				confidential, directly with the other party; and
(ii) File a copy of the request via mail,
				fax, or electronically directly with the OSPI's designee, the office of
				administrative hearings, at the following:
Mail:
Office of Administrative Hearings
600 University Street, Suite 1500
Seattle, WA 98101-3126
Fax: 206-587-5135
Electronically: Successfully uploading documents through the
				  filing portal operated by the office of administrative hearings.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05090 - Resolution process

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Within fifteen days of receiving notice
				that a parent has served a due process hearing request on the district and
				filed a copy of the due process request with the office of administrative
				hearings, and prior to the initiation of a due process hearing under WAC
				392-172A-05100, the school
				district must convene a meeting with the parent and the relevant member or
				members of the IEP team who have specific knowledge of the facts identified in
				the due process hearing request and that:
(i)
				Includes a representative of the school district who has decision-making
				authority on behalf of that district; and
(ii) May not include an attorney of the
				school district unless the parent is accompanied by an attorney.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05095 - Administrative law judges

Current through Register Vol. 24-14, July 15, 2024
(1) A due
				process hearing is conducted for OSPI by the office of administrative
				hearings.
(2) Administrative law
				judges that conduct the hearings:
(a) Must not
				be:
(i) An employee of OSPI or the school
				district that is involved in the education or care of the student; or
(ii) A person having a personal or
				professional interest that conflicts with the person's objectivity in the
				hearing.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05100 - Hearing rights

Current through Register Vol. 24-14, July 15, 2024
These hearing rights govern both due process hearings
				  conducted pursuant to WAC 392-172A-05080 through 392-172A-05125 and hearings
				  for disciplinary matters conducted pursuant to WAC
				  392-172A-05160.
(1) Any party to a due process hearing has
				the right to:
(a) Be represented by counsel
				and accompanied and advised by individuals with special knowledge or training
				with respect to the problems of students eligible for special education
				services;
(b) Present evidence and
				confront, cross-examine, and compel the attendance of witnesses;
(c) Prohibit the introduction of any evidence
				at the hearing that has not been disclosed to that party at least five business
				days before the hearing;
(d) Obtain
				a written, or, at the option of the parents, electronic, verbatim record of the
				hearing; and
(e) Obtain written,
				or, at the option of the parents, electronic findings of fact and
				decisions.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05105 - Hearing decisions

Current through Register Vol. 24-14, July 15, 2024
(1) An
				administrative law judge's determination of whether a student received FAPE
				must be based on substantive grounds.
(2) In matters alleging a procedural
				violation, an administrative law judge may find that a student did not receive
				a FAPE only if the procedural inadequacies:
(a) Impeded the student's right to a
				FAPE;
(b) Significantly impeded the
				parent's opportunity to participate in the decision-making process regarding
				the provision of a FAPE to the parent's child; or
(c) Caused a deprivation of educational
				benefit.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05110 - Timelines and convenience of hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Not later than forty-five days after the
				expiration of the thirty day resolution period, or the adjusted time periods
				described in WAC
				392-172A-05090(3):
(a) A final decision shall be reached in the
				hearing; and
(b) A copy of the
				decision shall be mailed to each of the parties.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05115 - Civil action

Current through Register Vol. 24-14, July 15, 2024
(1) Any party
				aggrieved by the findings and decision made under WAC
				392-172A-05105 through
				392-172A-05110 or
				392-172A-05165 has the right to
				bring a civil action with respect to the due process hearing request. The
				action may be brought in any state court of competent jurisdiction or in a
				district court of the United States without regard to the amount in
				controversy.
(2) The party bringing
				the action shall have ninety days from the date of the decision of the
				administrative law judge to file a civil action in federal or state
				court.
(3) In any action brought
				under subsection (1) of this section, the court:
(a) Receives the records of the
				administrative proceedings;
(b)
				Hears additional evidence at the request of a party; and
(c) Basing its decision on the preponderance
				of the evidence, grants the relief that the court determines to be
				appropriate.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05120 - Attorneys' fees

Current through Register Vol. 24-14, July 15, 2024
(1) In any action
				or proceeding brought under 20 U.S.C. Sec. 1415 of the act,
				the court, in its discretion, may award reasonable attorneys' fees as part of
				the costs to:
(a) The prevailing party who is
				the parent of a student eligible or referred for special education
				services;
(b) To a prevailing party
				who is a school district, or OSPI, against the attorney of a parent who files a
				due process request or subsequent cause of action that is frivolous,
				unreasonable, or without foundation, or against the attorney of a parent who
				continued to litigate after the litigation clearly became frivolous,
				unreasonable, or without foundation; or
(c) To a prevailing school district or OSPI
				against the attorney of a parent, or against the parent, if the parent's
				request for a due process hearing or subsequent cause of action was presented
				for any improper purpose, such as to harass, to cause unnecessary delay, or to
				needlessly increase the cost of litigation.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DUE PROCESS HEARING PROCEDURES › Section 392-172A-05125 - Student's status during proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
(a)
				Except for due process hearings involving special education discipline
				procedures, during the pendency of any administrative hearing or judicial
				proceeding regarding the due process hearing proceedings, the student involved
				in the hearing request must remain in his or her current educational placement,
				unless the school district and the parents of the child agree
				otherwise.
(b) The student's status
				during the pendency of any proceedings does not preclude the IEP team from
				meeting, as needed or as required under this chapter, and updating and
				implementing the student's IEP, unless those changes are in dispute.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › SURROGATE PARENTS › Section 392-172A-05130 - Surrogate parents

Current through Register Vol. 24-14, July 15, 2024
(1) School
				districts must ensure that the rights of a student are protected when:
(a) No parent as defined in WAC
				392-172A-01125 can be
				identified;
(b) The school
				district, after reasonable efforts, cannot locate a parent;
(c) The student is a ward of the state;
				or
(d) The student is an
				unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento
				Homeless Assistance Act.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › TRANSFER OF RIGHTS AT AGE OF MAJORITY › Section 392-172A-05135 - Transfer of parental rights to the student at age of majority

Current through Register Vol. 24-14, July 15, 2024
(1) Subject to
				subsections (4) and (5) of this section, when a student eligible for special
				education services reaches the age of eighteen or is deemed to have reached the
				age of majority, consistent with
				RCW
				26.28.010 through
				26.28.020:
(a) The school district shall provide any
				notices required under this chapter to both the student and the parents;
				and
(b) All other rights accorded
				to parents under the act and this chapter transfer to the student.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05140 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of WAC
				  392-172A-05140 through
				  392-172A-05175 is to ensure that students eligible for special education
				  services are not improperly excluded from school for disciplinary reasons and
				  are provided services in accordance with WAC
				  392-172A-05145,
				  392-172A-05148, and
				  392-172A-05149. Each school
				  district shall take steps to ensure that each employee, contractor, and other
				  agent is knowledgeable of the disciplinary procedures to be followed for
				  students eligible for special education services and students who may be deemed
				  to be eligible for special education services, and knowledgeable of the rules
				  and procedures contained in chapter 392-400 WAC governing discipline for all
				  students.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, 392-172A-05140, 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-05140, filed 6/29/07, effective 7/30/07.
					 WSR 13-20-001, § 392-172A-05140, 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 › DISCIPLINE PROCEDURES › Section 392-172A-05145 - Authority of school personnel

Current through Register Vol. 24-14, July 15, 2024
(1)
				School personnel may consider any unique circumstances on a case-by-case basis
				when determining whether a change in placement, consistent with the other
				requirements of this section, is appropriate for a student eligible for special
				education services, who violates a code of student conduct.
(2)
(a)
				School personnel may remove a student eligible for special education services
				who violates a code of student conduct from his or her current placement to an
				appropriate interim alternative educational setting, another setting, or
				suspension, for not more than ten consecutive school days to the extent those
				alternatives are applied to students without disabilities under this section,
				and for additional removals of not more than ten consecutive school days in
				that same school year for separate incidents of misconduct as long as those
				removals do not constitute a change of placement under WAC
				392-172A-05155.
(b) A school district is only required to
				provide services during periods of removal to a student eligible for special
				education services who has been removed from his or her current placement for
				ten school days or less in that school year, if it provides services to a
				student without disabilities who is similarly removed. The services may be
				provided in an interim alternative educational setting.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05146 - Manifestation determination

Current through Register Vol. 24-14, July 15, 2024
(1) Within
				ten school days of any decision to change the placement of a student eligible
				for special education services because of a violation of a code of student
				conduct, the school district, the parent, and relevant members of the student's
				IEP team (as determined by the parent and the school district) must review all
				relevant information in the student's file, including the student's IEP, any
				teacher observations, and any relevant information provided by the parents to
				determine:
(a) If the conduct in question was
				caused by, or had a direct and substantial relationship to, the student's
				disability; or
(b) If the conduct
				in question was the direct result of the school district's failure to implement
				the IEP.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05147 - Conduct is a manifestation of student's disability

Current through Register Vol. 24-14, July 15, 2024
If the school district, the parent, and relevant members of
				  the student's IEP team determine the conduct to be a manifestation of the
				  student's disability, the IEP team must either:
(1) Conduct a functional behavioral
				assessment, unless the school district had conducted a functional behavioral
				assessment before the behavior that resulted in the change of placement
				occurred, and implement a behavioral intervention plan for the student;
				or
(2) If a behavioral intervention
				plan already has been developed, review the behavioral intervention plan, and
				modify it, as necessary, to address the behavior; and
(3) Except in special circumstances as
				described in WAC
				392-172A-05149, return the
				student to the placement from which the student was removed, unless the parent
				and the school district agree to a change of placement as part of the
				modification of the behavioral intervention plan.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05148 - Conduct is not a manifestation of student's disability

Current through Register Vol. 24-14, July 15, 2024
(1) When disciplinary changes in placement
				exceed ten consecutive school days, and the behavior that gave rise to the
				violation of the school code is determined not to be a manifestation of the
				student's disability pursuant to WAC
				392-172A-05146, school personnel
				may apply the relevant disciplinary procedures to students eligible for special
				education services in the same manner and for the same duration as a district
				would apply discipline procedures to students without disabilities, except that
				services shall be provided in accordance with subsection (2) of this
				section.
(2) A student who is
				removed from the student's current placement pursuant to subsection (1) of this
				section must:
(a) Continue to receive
				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; and
(b) Receive, as
				appropriate when a student's removal is not a manifestation of the student's
				disability, a functional behavioral assessment, and behavioral intervention
				services and modifications that are designed to address the behavior violation
				so that it does not recur.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05149 - Special circumstances

Current through Register Vol. 24-14, July 15, 2024
(1) School
				personnel may remove a student to an interim alternative educational setting
				for not more than forty-five school days without regard to whether the behavior
				is determined to be a manifestation of the student's disability, if the
				student:
(a) Carries a weapon to or possesses
				a weapon at school, on school premises, or to or at a school function under the
				jurisdiction of a school district;
(b) Knowingly possesses or uses illegal
				drugs, or sells or solicits the sale of a controlled substance, while at
				school, on school premises, or at a school function under the jurisdiction of a
				school district; or
(c) Has
				inflicted serious bodily injury upon another person while at school, on school
				premises, or at a school function under the jurisdiction of a school
				district.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05150 - Notification of change of placement

Current through Register Vol. 24-14, July 15, 2024
On the date on which the decision is made to make a removal
				  that constitutes a change of placement of a student eligible for special
				  education services because of a violation of a code of student conduct, the
				  school district must notify the parents of that decision, and provide the
				  parents the procedural safeguards notice.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, 392-172A-05150, filed 9/24/13, effective 10/25/13; WSR 09-20-053,
					 392-172A-05150, 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-05150, filed 6/29/07, effective 7/30/07.
					 WSR 13-20-001, § 392-172A-05150, 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 › DISCIPLINE PROCEDURES › Section 392-172A-05155 - Change of placement because of disciplinary removals

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of removals of a student
				eligible for special education services from the student's current educational
				placement, because of disciplinary removals, a change of placement occurs if:
(a) The removal is for more than ten
				consecutive school days; or
(b) The
				student has been subjected to a series of removals that constitute a pattern:
(i) Because the series of removals total more
				than ten school days in a school year;
(ii) Because the student's behavior is
				substantially similar to the student's behavior in previous incidents that
				resulted in the series of removals; and
(iii) Because of such additional factors as
				the length of each removal, the total amount of time the student has been
				removed, and the proximity of the removals to one another.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05160 - Appeal of placement decisions and manifestation determinations

Current through Register Vol. 24-14, July 15, 2024
(1) The parent of a
				student eligible for special education services who disagrees with any decision
				regarding placement under WAC 392-172A-05145 and
				392-172A-05155, or the
				manifestation determination under WAC
				392-172A-05146, or a school
				district that believes that maintaining the current placement of the student is
				substantially likely to result in injury to the student or others, may appeal
				the decision by requesting a due process hearing. The hearing is requested by
				filing a due process hearing request pursuant to WAC 392-172A-05080 and
				392-172A-05085.
(2)
(a) An
				administrative law judge under WAC 392-172A-05095 hears, and makes a
				determination regarding an appeal under subsection (1) of this
				section.
(b) In making the
				determination under (a) of this subsection, the administrative law judge may:
(i) Return the student to the placement from
				which the student was removed if the administrative law judge determines that
				the removal was a violation of WAC 392-172A-05145 through 392-172A-05155 or
				that the student's behavior was a manifestation of the student's disability;
				or
(ii) Order a change of placement
				of the student to an appropriate interim alternative educational setting for
				not more than forty-five school days if the administrative law judge determines
				that maintaining the current placement of the student is substantially likely
				to result in injury to the student or to others.
(c) The procedures under subsection (1) of
				this section and (b) of this subsection may be repeated, if the school district
				believes that returning the student to the original placement is substantially
				likely to result in injury to the student or to others.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05165 - Placement during an appeal through a due process hearing

Current through Register Vol. 24-14, July 15, 2024
When either the parent or the school district requests a due
				  process hearing, the student must remain in the interim alternative educational
				  setting pending the decision of the administrative law judge or until the
				  expiration of the time period specified in WAC
				  392-172A-05148 or
				  392-172A-05149, whichever occurs
				  first, unless the parent and the school district agree
				  otherwise.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-05165, 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 › DISCIPLINE PROCEDURES › Section 392-172A-05170 - Protections for students not determined eligible for special education and related services

Current through Register Vol. 24-14, July 15, 2024
(1) A student who
				has not been determined to be eligible for special education and related
				services under this chapter and who has engaged in behavior that violated a
				code of student conduct, may assert any of the protections provided for in this
				chapter if the school district had knowledge as determined in accordance with
				subsection (2) of this section that the student was a student eligible for
				special education services before the behavior that precipitated the
				disciplinary action occurred.
(2)
				Basis of knowledge. A school district must be deemed to have knowledge that a
				student is eligible for special education services if before the behavior that
				precipitated the disciplinary action occurred:
(a) The parent of the student expressed
				concern in writing to supervisory or administrative personnel of the
				appropriate educational agency, or a teacher of the student, that the student
				is in need of special education and related services;
(b) The parent of the student requested an
				evaluation of the student pursuant to WAC
				392-172A-03005; or
(c) The teacher of the student, or other
				personnel of the school district, expressed specific concerns about a pattern
				of behavior demonstrated by the student directly to the director of special
				education or to other supervisory personnel of the school district.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › DISCIPLINE PROCEDURES › Section 392-172A-05175 - Referral to and action by law enforcement and judicial authorities

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in this
				chapter prohibits a school district or other agency from reporting a crime
				committed by a student to appropriate authorities or prevents state law
				enforcement and judicial authorities from exercising their responsibilities
				with regard to the application of federal and state law to crimes committed by
				a student eligible for special education services.
(2) An agency reporting a crime committed by
				a student eligible for special education services must ensure that copies of
				the special education and disciplinary records of the student are transmitted
				for consideration by the appropriate authorities to whom the agency reports the
				crime, to the extent that the transmission is permitted by the Family
				Educational Rights and Privacy Act.
Statutory Authority:
					 RCW
					 28A.155.090(7) and 42 U.S.C.
					 1400 et. seq. 07-14-078, § 392-172A-05175, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05180 - Definitions - Destruction of records, educational records, participating agency

Current through Register Vol. 24-14, July 15, 2024
As used in WAC
				  392-172A-05180 through
				  392-172A-05245:
(1) Destruction means physical destruction or
				removal of personal identifiers from information so that the information is no
				longer personally identifiable.
(2)
				Education records means the type of records covered under the definition of
				"education records" in the Family Educational Rights and Privacy Act, 34 C.F.R.
				Part 99.
(3) "Participating agency"
				means any agency or institution which collects, maintains, or uses personally
				identifiable information or from which information is obtained in implementing
				this chapter, and includes the OSPI, school districts and other public
				agencies.
Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300
					 . 09-20-053, § 392-172A-05180, 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-05180, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05185 - Notice to parents

Current through Register Vol. 24-14, July 15, 2024
(1) Parents of
				students eligible for special education services have rights regarding the
				protection of the confidentiality of any personally identifiable information
				collected, used, or maintained under WAC 392-172A-05180 through
				392-172A-05240, the Family
				Educational Rights and Privacy Act of 1974, as amended, state laws contained in
				Title 28A RCW that address personally identifiable information, regulations
				implementing state law, and Part B of IDEA.
(2) State forms, procedural safeguards and
				parent handbooks regarding special education services are available in multiple
				languages, and alternate formats upon request.
(3) Personally identifiable information about
				students for use by the OSPI special education division, may be contained in
				state complaints, due process hearing requests and decisions, monitoring,
				safety net applications, and mediation agreements. The state may also receive
				personally identifiable information as a result of grant evaluation
				performance. This information is removed before forwarding information to other
				agencies or individuals requesting the information, unless the parent or adult
				student consents to release the information or the information is allowed to be
				released without parent consent under the regulations implementing the Family
				Educational Rights and Privacy Act, 34 C.F.R. Part 99.
(4) School districts are responsible for
				child find activities for students who may be eligible for special education
				services. If the state were to conduct any major identification, location, or
				evaluation activity, the state would publish notices in newspapers with
				circulation adequate to notify parents throughout the state of the activity,
				notify school districts and post information on its website.
Statutory Authority:
					 RCW
					 28A.155.090 and 34 C.F.R. Part 300 . WSR
					 13-20-034, 392-172A-05185, 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-05185, filed 6/29/07, effective 7/30/07.
					 WSR 13-20-001, § 392-172A-05185, 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 › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05190 - Access rights

Current through Register Vol. 24-14, July 15, 2024
(1) Each
				participating agency shall permit parents of students eligible for special
				education services to inspect and review, during school business hours, any
				educational records relating to the student which are collected, maintained, or
				used by the district or other public agency under this chapter. The school
				district shall comply with a request promptly and before any meeting regarding
				an individualized education program or hearing or resolution session relating
				to the identification, evaluation, educational placement of the student or
				provision of FAPE to the student, including disciplinary proceedings. The
				school district shall respond, in no case, more than forty-five calendar days
				after the request has been made.
(2) The right to inspect and review
				educational records under this section includes:
(a) The right to a response from the school
				district to reasonable requests for explanations and interpretations of the
				records;
(b) The right to request
				that the school district provide copies of the records containing the
				information if failure to provide those copies would effectively prevent the
				parent from exercising the right to inspect and review the records;
				and
(c) The right to have a
				representative of the parent or adult student inspect and review
				records.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05195 - Record of access

Current through Register Vol. 24-14, July 15, 2024
Each school district or other public agency shall keep a
				  record of parties obtaining access to educational records collected,
				  maintained, or used under this chapter including the name of the party, the
				  date access was given, and the purpose for which the party is authorized to use
				  the records. The agency is not required to keep a record of access by parents,
				  and authorized employees with a legitimate educational interest in the
				  records.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-05195, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05200 - Records on more than one student

Current through Register Vol. 24-14, July 15, 2024
If any educational record includes information on more than
				  one student, the parent of those students shall have the right to inspect and
				  review only the information relating to their child or themselves, or to be
				  informed of that specific information.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-05200, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05205 - List of records

Current through Register Vol. 24-14, July 15, 2024
Each school district or other public agency shall provide
				  parents and adult students on request a list of the types and locations of
				  educational records collected, maintained, or used by the
				  agency.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-05205, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › CONFIDENTIALITY OF STUDENT INFORMATION AND EDUCATIONAL RECORDS › Section 392-172A-05210 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) A participating
				agency may charge a fee for copies of records which are made for parents under
				this chapter if the fee does not effectively prevent the parents from
				exercising their right to inspect and review those records.
(2) A participating agency may not charge a
				fee to search for or to retrieve information under this chapter.
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400
					 et. seq. 07-14-078, § 392-172A-05210, filed 6/29/07, effective
					 7/30/07.