PROPOSED RULES
SCHOOL FOR THE DEAF
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Chapter 148-171 WAC, Special education programs.
Purpose: To implement federal regulatory changes enacted March 12, 1999, resulting from the 1997 amendments to the Individuals with Disabilities Education Act and conform procedures to state law.
Statutory Authority for Adoption: RCW 72.40.022.
Statute Being Implemented: 20 U.S.C. §§ 1400 et seq.
Summary: Changes are needed to comply with the federal regulatory changes adopted on March 12, 1999, as a result of the 1997 amendments to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the corresponding state regulatory changes adopted by the State Educational Agency, Office of the Superintendent of Public Instruction, on January 1, 2000.
Reasons Supporting Proposal: Required by federal and state law.
Name of Agency Personnel Responsible for Drafting: Bonnie Y. Terada, Attorney General's Office, 1220 Main Street, Suite 510, Vancouver, WA 98660, (360) 759-2100; Implementation and Enforcement: Len Aron, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, (360) 414-0400.
Name of Proponent: Washington State School for the Deaf, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The new and revised rules implement the 1997 amendments to the Individuals with Disabilities Education Act ("IDEA '97") and the regulations of the United States Department of Education adopted as a result of IDEA '97. The rules also provide policies and procedures which are consistent with corresponding regulations of the Office of the Superintendent of Public Instruction, the state educational agency responsible for ensuring compliance by public agencies involved in the delivery of special education.
Proposal Changes the Following Existing Rules: As described above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impacts have been identified.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 does not apply to this rule adoption. The rules are not considered significant legislative rules by the Washington School for the Deaf.
Hearing Location: Washington State School for the Deaf, Administrative Conference Room, 611 Grand Boulevard, Vancouver, WA 98661, on July 10, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Judy Smith by July 3, 2001, TTY (360) 414-0401.
Submit Written Comments to: Len Aron, Superintendent, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, fax (360) 696-6291, by July 6, 2001.
Date of Intended Adoption: July 10, 2001.
May 29, 2001
Len Aron
Superintendent
OTS-4863.1
AMENDATORY SECTION(Amending WSR 90-16-016, filed 7/19/90,
effective 8/19/90)
WAC 148-171-001
Purposes.
The purposes of this chapter
are:
(1) To implement chapter 72.40 RCW in a manner that is
compatible with chapter ((28A.13)) 28A.155 RCW and in compliance
with the ((Education for All Handicapped Children)) Individuals
with Disabilities Education Act, 20 U.S.C. Sec. ((1401)) 1400 et
seq.; and
(2) ((To assure that all handicapped children have an
opportunity for a free appropriate public education which
emphasizes special education and related services designed to
meet their unique needs;
(3) To assure that the rights of handicapped children and their parents are protected; and
(4) To assess and assure the effectiveness of efforts to educate the handicapped students)) To meet the obligations of additional federal and state civil rights laws (e.g., 29 U.S.C. Sec. 794, 42 U.S.C. Sec. 12132, RCW 49.60.030) that apply to students who have a disability regardless of the student's eligibility for special education and related services.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-001, filed 7/19/90, effective 8/19/90.]
(1) "Adult student" means a student or handicapped student not otherwise incompetent, who has reached eighteen years of age.
(2) "Handicapped student" and "student" (depending upon the context in which the term is used) means:
(a) A person under the age of twenty-one, who has been determined pursuant to this chapter to have one or more of the disabilities set forth in WAC 148-171-015 and to be in need of special education and related services: Provided, That a student enrolled at the Washington state school for the deaf may continue past the age of twenty-one at the superintendent's discretion; or
(b) A person under the age of twenty-one who has become a focus of concern and who may have one or more of the disabilities set forth in WAC 148-171-015 in the judgment of the school superintendent or his or her designee, or the parent(s), or the adult student; or
(c) The foregoing categories of persons -- notwithstanding the fact the person(s) may not be enrolled in or attending school in the normal sense of the term "student."
(3) "Parent" means a natural parent, a legal guardian, an adult person acting as a parent, or a surrogate parent who has been appointed in accordance with WAC 148-171-650, who represents a nonadult student. The term does not include the state if the child is a dependent of the state.
(4) "School" means Washington state school for the deaf.
(5) "Assessment" means procedures used in accordance with WAC 148-171-110 through 148-171-130 to determine whether a student is deaf or hard of hearing and/or the nature and extent of the special education and related services that the student needs. The term means procedures used selectively with an individual student and does not include basic tests administered to or procedures used with all students in a school, grade, or class.
The purposes of assessment are to:
(a) Measure the student's present level of educational performance to identify the student's unique needs, abilities, and limitations;
(b) Draw conclusions regarding the significance of the findings as related to the student's instructional program;
(c) Provide appropriate personnel with information for determining appropriate placement and developing the individualized education program in accordance with WAC 148-171-240;
(d) Assure appropriate identification of the handicapping condition; and
(e) Determine the student's eligibility for funding for special education and related services.
(6) "Current assessment" means:
(a) Intellectual assessment data shall be considered current if obtained during a one calendar year period prior to the formal assessment or if obtained during the formal assessment period.
(b) Academic assessment data, including perceptual assessment data, shall be considered "current" if obtained during a ninety calendar day period prior to formal assessment or if obtained during the formal assessment period.
(c) Psychological and social assessment data shall be considered "current" if obtained during a thirty calendar day period prior to formal assessment or if obtained during the formal assessment period.
(d) Adaptive behavior assessment data, including vocational and career assessment data, shall be considered "current" if obtained during a ninety calendar day period prior to formal assessment or if obtained during the formal assessment period.
(e) Speech/language/sign language (communication skills) assessment data shall be considered "current" if obtained during a ninety calendar day period prior to formal assessment or if obtained during the formal assessment period.
(f) Vision screening and audiological assessment data shall be considered "current" if obtained during a one calendar year period prior to formal assessment or if obtained during the formal assessment period.
(g) Medical assessment data shall be considered "current" if obtained during a one hundred eighty calendar day period prior to formal assessment or if obtained during the formal assessment period.
(7) "Reassessment" means procedures used in accordance with WAC 148-171-110 through 148-171-130 to determine the student's eligibility for and need for continuing special education and related services pursuant to WAC 148-171-430(2).
(8) "Consent" means that:
(a) The parent (or adult student) has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language or other mode of communication, including being informed of existing assessment data to be used within the definitions of current assessment;
(b) The parent (or adult student) understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) which will be released and to whom; and
(c) The parent (or adult student) understands that the granting of consent is voluntary on the part of the parent (or adult student) and may be revoked at any time.
(9) "Special education" has the meaning given that term by WAC 392-171-315.
(10) "Related services" has the meaning given that term by WAC 392-171-320.
(11) "Superintendent" means the superintendent of the Washington state school for the deaf.)) The definitions set forth in WAC 392-172-035, 392-172-040, 392-172-045, 392-172-055, 392-172-065, 392-172-070, 392-172-073, and 392-172-075 are hereby incorporated by reference into this chapter and should be referred to if necessary. The Washington school for the deaf, a "public agency" as defined in WAC 392-172-035 (6)(c), is a "state operated program."
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-010, filed 7/19/90, effective 8/19/90.]
(2) Assessments and evaluations conducted according to this section shall be performed by professionals qualified in the area of assessment who are specially trained and experienced in the area of deafness or deaf education.)) The definitions and eligibility criteria in WAC 392-172-138 and 392-172-140 are adopted by reference.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-015, filed 7/19/90, effective 8/19/90.]
(1) Scholastic assessment. This area may include assessment of the intellectual, language and communication, academic and cognitive development of the student and any other scholastic area as deemed appropriate by the multidisciplinary team.
(2) Physical assessment. This area may include a review of the general health status of the student, vision screening and complete audiological examination, oral-peripheral examination, evaluation of musculo-skeletal, neurological, and developmental modalities, and any other physical area as deemed necessary by the multidisciplinary team.
(3) Adjustment assessment. This area may include assessment of the social skills and emotional status of the student, career and vocational assessment, and assessment of adaptive behaviors (e.g., self-help, interpersonal communication, survival skills, and practical application of academic skills).)) WAC 392-172-106 is adopted by reference.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-110, filed 7/19/90, effective 8/19/90.]
(1) The initial assessment of a student shall be made by a multidisciplinary team (i.e., a group of professionals) including at least one qualified teacher of the deaf and at least one person qualified to conduct individual diagnostic assessment in the area of suspected disability. In a reassessment of a student, the multidisciplinary team also shall include a representative from each service area involved in the student's individualized education program and such other professional service providers as recommended by any professional involved in the reassessment. Each member of the team shall be licensed, registered, credentialed, or certificated according to his or her professional standards in accordance with state statutes and rules, and experienced in the area of deafness.
(2) No single test instrument or single procedure shall be the sole criterion for determining a student's eligibility and/or for determining the appropriate educational program for a student.
(3) Assessment materials, procedures, and instruments used for the purpose of assessment and placement shall be selected and administered so as not to be racially or culturally or educationally discriminatory.
(4) All tests and other evaluation materials shall have been validated for the specific purpose for which they are used and shall accurately reflect whatever factors the tests purport to measure. If properly validated tests are unavailable, the professional judgment of each member of the multidisciplinary team may determine eligibility for special education based on other evidence of the existence of a specific handicap and need. This professional judgment shall be documented in a written narrative.
(5) All tests and other evaluation materials shall be administered by qualified personnel in conformance with the instructions of their producer. Tests designed to measure intellectual functioning shall be administered and interpreted by a qualified psychologist experienced in deafness: Provided, That cognitive tests for developmentally delayed students other than an intelligence quotient test shall be administered by a qualified psychologist or by professionals with other titles who have considerable training and experience in individual psychological or psychoeducational assessment and deafness.
(6) Assessment materials, procedures, or instruments shall be provided and administered in a student's native language or mode of communication, unless it is clearly not feasible to do so. Tests shall be selected and administered so as to ensure that the test results accurately reflect the student's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors the test purports to measure).
(7) In interpreting assessment data and in making placement recommendations, the assessment team shall:
(a) Collect and review information from a variety of sources, including but not limited to all available existing academic, medical, and other records pertinent to the area of deafness, aptitude and achievement tests, teacher recommendations or recommendations of related service providers, physical condition, social or cultural background, and adaptive behavior;
(b) Ensure that information obtained from all of these sources is documented and carefully considered.
(8) Assessment data shall be summarized in writing, dated, and signed by each person conducting an assessment. Information used to support the assessment, but which is not incorporated into the file, (e.g., review of health record), shall be referenced as to date of record, location, and source person. The summaries shall specify the procedures and instruments used, the results obtained, and the apparent significance of findings as related to the student's instructional program, including a description of the specific factors which are interfering with the student's educational performance and the special education and related services needed to assist the student in benefiting from his or her educational placement.)) The evaluation or reevaluation of any student shall be performed using the procedures established in chapter 392-172 WAC except as specifically provided otherwise in this chapter.
Evaluations may include assessments to identify students who present a moderate or high risk of sexually aggressive behavior or who may be vulnerable to victimization by such students, as required by RCW 72.40.270. Evaluations will be conducted by a group of qualified professionals selected by the Washington school for the deaf who are knowledgeable about the student, the suspected area of disability, and in cases where assessment is required by RCW 72.40.270, sexual abuse and assault.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-120, filed 7/19/90, effective 8/19/90.]
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(b) The school shall provide to parent(s), on request, information about where an independent educational assessment may be obtained.
(c) For the purposes of this section:
(i) "Independent educational assessment" means an assessment conducted by a qualified examiner who is not employed by the school responsible for the education of the student in question; and
(ii) "Public expense" means that the school either pays for the full cost of the assessment or assures that the assessment is otherwise provided at no cost to the parent.
(2) A parent (or adult student) has the right to an independent educational assessment at public expense if the parent (or adult student) disagrees with the assessment results obtained by the school, as follows:
(a) The parent(s) (or adult student) shall provide a written notice to the superintendent which:
(i) Specifies the portion(s) of the assessment results with which the parent(s) (or adult student) disagrees; and
(ii) Requests an independent educational assessment at public expense;
(b) The school shall have the prior opportunity to initiate mediation or an adjudicative proceeding pursuant to WAC 148-171-600 et seq., to show that its assessment is appropriate: Provided, That the school shall provide the parent(s) (or adult student) written notice of the election to initiate mediation or an adjudicative proceeding no later than the tenth day after the date of receipt of the parent's (or adult student's) written notice of disagreement;
(c) If the final decision is that the school assessment is appropriate, the parent (or adult student) still has the right to an independent educational assessment, but not at public expense; and
(d) If the school elects not to initiate an adjudicative proceeding or is not upheld by the final decision, the independent assessment requested by the parent (or adult student) shall be provided at public expense in accordance with the same criteria which the school uses when it initiates an assessment including, but not limited to, the location of the assessment and the qualifications of the examiner.
(3) If the parent (or adult student) obtains an independent educational assessment at private expense, the results of the assessment:
(a) Shall be considered by the school in any decision made with respect to the provision of special education and related services to the student; and
(b) May be presented as evidence at the adjudicative proceeding regarding that student.
(4) If the administrative law judge requests an independent educational assessment as part of the adjudicative proceeding, such assessment shall be at public expense.)) WAC 392-172-150 is adopted by reference.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-140, filed 7/19/90, effective 8/19/90.]
(1) The school district of that student's residence refers the student or agrees that the student can be served at the Washington state school for the deaf;
(2) The student's parents request that their child be served through the educational program available at the Washington state school for the deaf;
(3) Assessment pursuant to the procedures in this chapter has been completed and is documented;
(4) Upon completion of assessment pursuant to this chapter, the multidisciplinary team described in WAC 148-171-120(1), the parents and a representative of the school district of the student's residence shall meet and consider the following to determine the most appropriate placement for the student:
(a) The summaries of assessment data pursuant to WAC 148-171-130;
(b) The nature and extent of the specific special education and related services needed by the student, if any;
(c) Any inconsistent or contradictory information and/or opinions evidenced in the assessment data, if any;
(d) The availability and identity of current educational programs appropriate to the student's needs; and
(e) The parent(s') and school district's commitment to work in cooperation to meet the student's needs; and
(5) The multidisciplinary team described in WAC 148-171-120(1) recommends placement at the Washington state school for the deaf.)) (1) Upon a referral for admission and placement from a parent, legal guardian, emancipated minor, adult student, or local educational agency (LEA), a Washington school for the deaf admissions team will assess the appropriateness of placement of a visually impaired student residing in the state of Washington as provided for under this chapter.
(2) Applications for placement shall be in writing and shall include the reason for referral. Reasons for referral to the school for the deaf may include, but are not limited to: Vision specific services not readily available in the local school district, need for more intensive vision specific services, adaptive aids and appliances, greater array of vision support services, social skill development, leisure time skill development, and organization skill development.
(3) The LEA will be notified if the referral is from a parent and the student's records will be requested. The following records must be received prior to review by the school's admissions team: Complete application materials, most recent IEP, most recent three-year summary assessment or evaluation, psychological records, transcripts (for high school students), all records subject to disclosure under RCW 28A.225.330, including, but not limited to: History of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of educational staff or other students.
(4) The admissions team shall review the records and if the information is complete, determine whether to proceed with or terminate the application.
(5) Placement of a student at the school for the deaf shall be determined at a meeting conducted pursuant to WAC 148-171-210.
(6) The determination of the appropriate placement for a student shall be based upon:
(a) The student's individualized education program (IEP);
(b) The least restrictive environment requirements of WAC 392-172-172;
(c) The placement option(s) that provides a reasonably high probability of assisting the student to attain his or her annual goals;
(d) A consideration of any potential harmful effect on the student or on the quality of services which he or she needs; and
(e) The status of the student as an adjudicated sex offender classified as risk Level II or III in the state of Washington or the equivalent under the laws of the state in which the student resides.
(7) The decision on the educational placement shall be made by a group of persons, including the parents, the LEA, and other persons knowledgeable about the student, the evaluation data, and the placement options.
(8) Pursuant to RCW 72.40.040(4) and 72.40.050(2), admission and retention at the Washington school for the deaf may be denied for a student who is an adjudicated sex offender.
(9) The educational placement of each student shall be determined at least annually at a meeting conducted pursuant to WAC 148-171-210.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-150, filed 7/19/90, effective 8/19/90.]
(2) Meetings consistent with this section shall be held by the school at least once a year for the purpose of reviewing and revising as necessary each student's IEP.)) WAC 392-172-156 is adopted by reference.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-210, filed 7/19/90, effective 8/19/90.]
(a) A representative of the school other than the student's teacher who is qualified to provide or supervise the provision of special education and related services;
(b) The student's teacher;
(c) One or both parents, subject to WAC 148-171-230;
(d) The student, if appropriate or the adult student; and
(e) Other individuals at the discretion of the school, parent(s), or adult student. Either the teacher or school representative should be qualified in the area of the student's disability.
(2) IEP meetings involving a student who has been assessed for the first time shall include the following participant in addition to those enumerated as follows: A member of the student's assessment team who is knowledgeable about the assessment procedures used and is familiar with the results of the evaluation.)) WAC 392-172-153 is adopted by reference.
Involvement and participation of the LEA at meetings in which a decision is to be made relating to the educational placement of the student is considered essential for meaningful discussion to occur. A representative of the student's LEA will be invited to meetings involving an IEP, transition services, or placement. The LEA representative should be an individual who is knowledgeable about the availability of resources of the LEA, authorized to allocate resources, or develop collaborative requests for funding to establish programs to meet a student's extraordinary program needs. If the LEA representative is unable to attend the meeting, Washington school for the deaf staff shall keep the LEA representative informed of the proceedings and obtain information that will assist in the provision of services.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-220, filed 7/19/90, effective 8/19/90.]
(a) Notifying the parent(s) of the meeting early enough to ensure his or her participation; and
(b) Scheduling the meeting at a mutually agreed upon place and time.
(2) The notice to the parent(s) shall include the purpose, time, and location of the meeting and who will be in attendance.
(3) If a parent cannot attend, the school shall use other methods to ensure participation, including individual or conference telephone calls.
(4) A meeting may be conducted (in the case of a nonadult student) without a parent in attendance if the school is unable to convince the parents they should attend. In such a case the school shall make a record of its attempts to arrange a mutually agreed upon time and place. The record shall contain such information as:
(a) Detailed records of telephone calls made or attempted and the results of those calls;
(b) Copies of correspondence sent to the parent(s) and any responses received; and
(c) Detailed records of visits made to the parent's home or place of employment and the results of those visits.
(5) The school shall take whatever action is necessary to ensure that the parent (or adult student) understands the proceedings at a meeting, including arranging for an interpreter for parents (or adult students) who are deaf or whose native language is other than English.
(6) The school shall document the parent(s') and other IEP participants' presence at the IEP meeting.
(7) The school shall provide the parent(s) a copy of the IEP upon request.)) WAC 392-172-15700 and 392-172-15705 are adopted by reference.
Inclusion of an LEA representative in meetings with the parent(s) will be encouraged and appropriate notice to the parent(s) will be provided.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-230, filed 7/19/90, effective 8/19/90.]
(1) A statement of the student's present levels of educational performance;
(2) A statement of specific annual goals including short-term instructional objectives which are stated in terms that provide for measurement of progress, expected levels of performance, and the schedules for their accomplishments;
(3) A statement of the specific special education and related services needed by the student, and the extent to which the student will be able to participate in the regular educational program, including physical education;
(4) The IEP developed for a handicapped student whose chronological age is fourteen or above shall also include career development and/or vocational education goals and short-term instructional objectives, where appropriate: Provided, That if the career development and/or vocational education is specially designed instruction, goals and short-term instructional objectives shall be included;
(5) The projected dates for the initiation of services and the anticipated duration of the services, including the number of school days, and the number of hours per day; and
(6) Appropriate objectives criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether the short-term instructional objectives are being met.
Nothing in this chapter may be construed as promising or guaranteeing that a handicapped student will in fact achieve the growth projected in his or her annual goals and short-term objectives.)) WAC 392-172-160 is adopted by reference.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-240, filed 7/19/90, effective 8/19/90.]
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(a) At a minimum, once every three years unless conditions warrant earlier reassessment; or
(b) Upon the request of the parents, an adult student, teacher, or IEP team.
(2) If reassessment is the result of the three-year reassessment requirement, the multidisciplinary team, based on the professional judgment of the members, to a reasonable degree of professional certainty, shall determine and document the following:
(a) Whether the student is appropriately classified;
(b) Whether the student meets the continuing eligibility criteria of WAC 392-171-325(3) or 392-171-331. The basis for this determination shall be documented in a written narrative including any relevant data or assessment process used;
(c) Whether the current program is appropriate to the student's unique needs, abilities, and limitations;
(d) Whether assessment procedures should be replicated or conducted by members of the multidisciplinary team or other professionals not represented on the multidisciplinary team to provide reasonable professional certainty that the reassessment results are accurate. In making such determination, members of the multidisciplinary team shall be governed by the generally recognized professional practice standards of their respective disciplines. Members of the multidisciplinary team shall defer to the professional judgment of a team member who requests the replication or conduction of a particular assessment procedure.)) WAC 392-172-182 through 392-172-190 are adopted by reference.
The student's LEA should continue to be involved in the planning for any student who is enrolled at the Washington school for the deaf; therefore, the group of individuals referred to in the reevaluation procedures adopted by reference should include a representative of the LEA.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-410, filed 7/19/90, effective 8/19/90.]
(((1) Proposes to initiate or change the identification, evaluation, or educational placement of the student or the provision of special education and related services to the student pursuant to this chapter; or
(2) Refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of special education and related services to the student pursuant to this chapter.)) WAC 392-172-302 is adopted by reference. Where the adopted rule refers to WAC 392-172-306, refer to WAC 148-171-510.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-500, filed 7/19/90, effective 8/19/90.]
(a) A full explanation of all of the procedural safeguards available to the parent(s) (or adult student) under this chapter;
(b) A description of the action proposed or refused by the school, and explanation of why the school proposes or refuses to take the action, and a description of any options the school considered and the reasons why those options were rejected;
(c) A description of each evaluation procedure, test, record, or report used as a basis for the proposal or refusal; and
(d) A description of any other factors which are relevant to the school's proposal or refusal.
(2) The notice shall be:
(a) Written in language understandable to the general public; and
(b) Provided in the native language of the parent (or adult student) or other mode of communication used by the parent (or adult student), unless it is clearly not feasible to do so.
(3) If the native language or other mode of communication of the parent (or adult student) is not a written language, the school shall take steps to ensure that:
(a) The notice is translated orally or by other means to the parent (or adult student) in his or her native language or other mode of communication;
(b) The parent (or adult student) understands the content of the notice; and
(c) There is written evidence that the requirements in (a) and (b) of this subsection have been met.)) WAC 392-172-306 is adopted by reference. Where the adopted rule refers to WAC 392-172-302, refer to WAC 148-171-500.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-510, filed 7/19/90, effective 8/19/90.]
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(((2) A parent, adult student, or the superintendent (or designee) may initiate a hearing in any of the matters and for the purposes stated in WAC 392-172-350(1).
(3) Where the adopted rule refers to WAC 392-172-150 (independent educational evaluation), refer to WAC 148-171-140.
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(1) The name of the student;
(2) The address of the residence of the student;
(3) The name of the school the student is attending;
(4) A description of the nature of the problem of the student relating to the proposed initiation or change, including facts relating to the problem; and
(5) A proposed resolution of the problem to the extent known and available to the parents at the time.
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(a) No parent (as defined in WAC 148-171-010(3)) can be identified;
(b) The school, after reasonable efforts, cannot discover the whereabouts of a parent; or
(c) The student is a dependent of the state.
(2) Duty of school. The duty of the school under this section includes the assignment of a person to act as a surrogate for the parents. This duty includes the establishment of a method:
(a) For determining whether a nonadult student needs a surrogate parent; and
(b) For assigning a surrogate parent to the student.
(3) Criteria for selection of surrogates. The school shall ensure that a person selected as a surrogate:
(a) Has no interest that conflicts with the interests of the student he or she represents; and
(b) Has knowledge and skills that assure adequate representation of the student.
(4) Nonemployee requirement -- Compensation:
(a) A person assigned as a surrogate may not be an employee of the school and/or other agency which is involved in the education or care of the student; and
(b) A person who otherwise qualifies as a surrogate parent pursuant to this section is not an "employee" of the school and/or other agency solely because he or she is paid by the school and/or agency to serve as a surrogate parent.
(5) Responsibilities. A surrogate parent may represent the student in all matters relating to:
(a) The identification, assessment, and educational placement of the student; and
(b) The provision of free appropriate public education to the student.)) WAC 392-172-308 is adopted by reference. The definition of "parent" in WAC 392-172-035(5) is adopted by reference in WAC 148-171-010.
[Statutory Authority: RCW 72.40.022 and 20 U.S.C. §§ 1401, 1412-1417. 90-16-016, § 148-171-650, filed 7/19/90, effective 8/19/90.]
The following sections of the Washington Administrative Code are repealed:
| WAC 148-171-130 | Summary analysis of assessment data. |
| WAC 148-171-200 | Definition. |
| WAC 148-171-400 | Annual review of placement and student progress -- Program evaluation. |
| WAC 148-171-420 | Reassessment purposes. |
| WAC 148-171-430 | Reassessment notice. |
| WAC 148-171-600 | Right to initiate. |
| WAC 148-171-610 | Hearing rights. |
| WAC 148-171-620 | Timeline for decision. |
| WAC 148-171-630 | Petition for review. |
| WAC 148-171-640 | Student's status during proceedings. |
| WAC 148-171-700 | Administration of medication. |