WSR 17-18-108

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 6, 2017, 11:15 a.m.]

Subject of Possible Rule Making: Amending WAC 392-172A-02075.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.155.090; 20 U.S.C. §1400 et seq., the Individuals with Disabilities Education Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The office of superintendent of public instruction (OSPI) has the authority under state statute to develop administrative rules to implement federal regulations governing special education services to students. OSPI is proposing to amend WAC 392-172A-02075 to prohibit school district personnel from requiring parents to obtain prescriptions for substances that are not identified under Schedules I-V of the Controlled Substances Act (21 U.S.C. Section 812(c)) for student[s] as a condition of attending school, receiving an evaluation, or receiving educational services. The expanded prohibition will not extend to prescriptions for substances required under other state laws.

Process for Developing New Rule: OSPI will hold a public hearing for comment and seek written input from stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting OSPI, Special Education Section, P.O. Box 47200, Olympia, WA 98504-7200, phone 360-725-6075, fax 360-586-0247, TTY 360-586-0126, email speced@k12.wa.us (please include the words "2017 Rulemaking" in the subject line), web site http://www.k12.wa.us/SpecialEd/default.aspx.

September 6, 2017

Chris P. S. Reykdal

State Superintendent

of Public Instruction