WAC 392-190-077

(1) OSPI's monitoring may be resolved at any time when, before the conclusion of the monitoring by OSPI, the school district enters into a voluntary resolution agreement with OSPI to take actions to resolve noncompliance with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, or chapters 28A.640 and 28A.642 RCW.

(2) Following the monitoring, OSPI will make an independent determination as to whether a preponderance of the evidence shows the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005. OSPI will issue a written proposed order to the school district that states OSPI's determination with regard to each issue identified for investigation in the notice provided under WAC 392-190-076.

(3) If OSPI determines the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, or chapters 28A.640 and 28A.642 RCW, OSPI will issue a proposed order that includes:

(a) Findings of fact;

(b) One or more conclusions of law stating how the school district failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, or chapters 28A.640 and 28A.642 RCW;

(c) An order of appropriate corrective measures or sanctions which could include, but is not limited to:

(i) The institution of a corrective action plan, which will include corrective actions OSPI deemed necessary to correct the noncompliance, the timeline for completing such corrective actions, and the documentation the school district must provide OSPI to show the corrective actions are completed; or

(ii) The institution of permissible sanctions or other corrective measures outlined in WAC 392-190-080; and

(d) Notice of appeal procedures under WAC 392-190-079.

(4) If the school district does not exercise the right to appeal the proposed order pursuant to the procedures described in WAC 392-190-079 within 30 calendar days of the date of the proposed order, the proposed order shall be the final order of the agency.

(5) All corrective actions must be completed within the timelines established in the final order unless OSPI grants an extension. If timely compliance by a school district is not achieved, OSPI may take actions to ensure compliance. Such actions may include, but are not limited to, referring the school district to appropriate state or federal agencies empowered to order compliance with the law or the initiation of additional sanctions or corrective measures WAC 392-190-080.