title: RCW 28A.150.315

text:
(1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. During the 2011-2013 biennium, funding shall continue to be phased-in each year until full statewide implementation of all-day kindergarten is achieved in the 2017-18 school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:
(a) Provide at least a one thousand-hour instructional program;
(b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:
(i) Developing initial skills in the academic areas of reading, mathematics, and writing;
(ii) Developing a variety of communication skills;
(iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;
(iv) Acquiring large and small motor skills;
(v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and
(vi) Learning through hands-on experiences;
(c) Establish learning environments that are developmentally appropriate and promote creativity;
(d) Demonstrate strong connections and communication with early learning community providers; and
(e) Participate in kindergarten program readiness activities with early learning providers and parents.
(2)(a) It is the intent of the legislature that administration of the Washington kindergarten inventory of developing skills as required in this subsection (2) and RCW 28A.655.080 replace administration of other assessments being required by school districts or that other assessments only be administered if they seek to obtain information not covered by the Washington kindergarten inventory of developing skills.
(b) In addition to the requirements in subsection (1) of this section and to the extent funds are available, beginning with the 2011-12 school year on a voluntary basis, schools must identify the skills, knowledge, and characteristics of kindergarten students at the beginning of the school year in order to support social-emotional, physical, and cognitive growth and development of individual children; support early learning provider and parent involvement; and inform instruction. Kindergarten teachers shall administer the Washington kindergarten inventory of developing skills, as directed by the superintendent of public instruction in consultation with the department of children, youth, and families and in collaboration with the nongovernmental private-public partnership designated in RCW 43.216.065, and report the results to the superintendent. The superintendent shall share the results with the secretary of the department of children, youth, and families.
(c) School districts shall provide an opportunity for parents and guardians to excuse their children from participation in the Washington kindergarten inventory of developing skills.
(3) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high quality all-day kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.
[ 2017 3rd sp.s. c 6 s 215; 2012 c 51 s 1; 2011 c 340 s 1; 2010 c 236 s 4; 2009 c 548 s 107; 2007 c 400 s 2.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2011 c 340 s 1: "Section 1 of this act takes effect September 1, 2011." [ 2011 c 340 s 3.]
Effective date—2010 c 236 ss 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260.
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Captions not law—2007 c 400: See note following RCW 28A.150.210.

catchline: All-day kindergarten programs—Funding—Identification of skills, knowledge, and characteristics—Assessments.


doc_type: statute

jurisdiction: wa

title: RCW 28A.150.320

text:
September is the month of the kindergartner. Each September elementary schools are encouraged to determine a method to celebrate new kindergartners as they begin their life in K-12 education.
[ 2019 c 179 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Month of the kindergartner.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.150.350

text:
(1) For purposes of this section, the following definitions shall apply:
(a) "Private school student" shall mean any student enrolled full time in a private school;
(b) "School" shall mean any primary, secondary or vocational school;
(c) "School funding authority" shall mean any nonfederal governmental authority which provides moneys to common schools;
(d) "Part time student" shall mean and include: Any student enrolled in a course of instruction in a private school and taking courses at and/or receiving ancillary services offered by any public school not available in such private school; or any student who is not enrolled in a private school and is receiving home-based instruction under RCW 28A.225.010 which instruction includes taking courses at or receiving ancillary services from the local school district or both; or any student involved in any work training program and taking courses in any public school, which work training program is approved by the school board of the district in which such school is located.
(2) The board of directors of any school district is authorized and, in the same manner as for other public school students, shall permit the enrollment of and provide ancillary services for part time students: PROVIDED, That this section shall only apply to part time students who would be otherwise eligible for full time enrollment in the school district.
(3) The superintendent of public instruction shall recognize the costs to each school district occasioned by enrollment of and/or ancillary services provided for part time students authorized by subsection (2) of this section and shall include such costs in the distribution of funds to school districts pursuant to RCW 28A.150.260. Each school district shall be reimbursed for the costs or a portion thereof, occasioned by attendance of and/or ancillary services provided for part time students on a part time basis, by the superintendent of public instruction, according to law.
(4) Each school funding authority shall recognize the costs occasioned to each school district by enrollment of and ancillary services provided for part time students authorized by subsection (2) of this section, and shall include said costs in funding the activities of said school districts.
(5) The superintendent of public instruction is authorized to adopt rules and regulations to carry out the purposes of RCW 28A.150.260 and 28A.150.350.
[ 1990 c 33 s 112; 1985 c 441 s 5; 1977 ex.s. c 359 s 8; 1972 ex.s. c 14 s 1; 1969 ex.s. c 217 s 4. Formerly RCW 28A.41.145.]
Notes:
Severability—1985 c 441: See note following RCW 28A.225.010.
Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200.
Nonseverability—1972 ex.s. c 14: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is held invalid." [ 1972 ex.s. c 14 s 2.]
Program of basic education, RCW 28A.150.350 as part of: RCW 28A.150.200.

catchline: Part time students—Defined—Enrollment authorized—Reimbursement for costs—Funding authority recognition—Rules, regulations.


title: RCW 28A.150.360

text:
In the event of an unforeseen emergency, in the nature of either an unavoidable cost to a district or unexpected variation in anticipated revenues to a district, the state superintendent is authorized, for not to exceed two years, to make such an adjustment in the allocation of funds as is consistent with the intent of this chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010 in providing an equal educational opportunity for the children of such district or districts.
[ 1995 c 335 s 101; 1990 c 33 s 113; 1969 ex.s. c 223 s 28A.41.150. Prior: 1965 ex.s. c 154 s 4. Formerly RCW 28A.41.150, 28.41.150.]
Notes:
Part headings, table of contents not law—1995 c 335: "Part headings and the table of contents as used in this act do not constitute any part of the law." [ 1995 c 335 s 805.]

catchline: Adjustments to meet emergencies.


title: RCW 28A.150.380

text:
(1) The state legislature shall, at each regular session in an odd-numbered year, appropriate for the current use of the common schools such amounts as needed for state support to school districts during the ensuing biennium for the program of basic education under RCW 28A.150.200.
(2) In addition to those state funds provided to school districts for basic education, the legislature may appropriate funds to be distributed to school districts for other factors and for other special programs to enhance or enrich the program of basic education.
[ 2012 1st sp.s. c 10 s 3. Prior: 2009 c 548 s 110; 2009 c 479 s 16; 2001 c 3 s 10 (Initiative Measure No. 728, approved November 7, 2000); 1995 c 335 s 103; 1990 c 33 s 115; 1980 c 6 s 3; 1969 ex.s. c 223 s 28A.41.050; prior: 1945 c 141 s 2; Rem. Supp. 1945 s 4940-2. Formerly RCW 28A.41.050, 28.41.050.]
Notes:
Purpose—Construction—2012 1st sp.s. c 10: See note following RCW 84.52.0531.
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Effective date—2009 c 479: See note following RCW 2.56.030.
Short title—Purpose—Intent—Construction—Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 67.70.240.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1980 c 6: See note following RCW 28A.515.320.

catchline: Appropriations by legislature.


title: RCW 28A.150.390

text:
(1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.260 (4)(a), (5), (6), and (8) and 28A.150.415.
(2) The excess cost allocation to school districts shall be based on the following:
(a) A district's annual average head count enrollment of students ages three and four and those five year olds not yet enrolled in kindergarten who are eligible for and receiving special education, multiplied by the district's base allocation per full-time equivalent student, multiplied by 1.2;
(b) A district's annual average enrollment of resident students who are eligible for and receiving special education, excluding students ages three and four and those five year olds not yet enrolled in kindergarten, multiplied by the district's base allocation per full-time equivalent student, multiplied by the special education cost multiplier rate of 1.16.
(3) The superintendent of public instruction may reserve amounts up to 0.006 of the funding generated under subsection (2) of this section for statewide special education activities under RCW 28A.155.270.
(4) As used in this section, "base allocation" means the total state allocation to all schools in the district generated by the distribution formula under RCW 28A.150.260 (4)(a), (5), (6), and (8) and the allocation under RCW 28A.150.415, to be divided by the district's full-time equivalent enrollment.
[ 2025 c 368 s 1; 2024 c 229 s 1; 2023 c 417 s 3; 2020 c 90 s 3; 2019 c 387 s 4; 2018 c 266 s 102; 2017 3rd sp.s. c 13 s 406; 2010 c 236 s 3; 2009 c 548 s 108; 1995 c 77 s 6; 1994 c 180 s 8; 1993 c 149 s 9; 1990 c 33 s 116; 1989 c 400 s 2; 1980 c 87 s 5; 1971 ex.s. c 66 s 11. Formerly RCW 28A.41.053.]
Notes:
Effective date—2025 c 368 ss 1 and 5: "Sections 1 and 5 of this act takes [take] effect September 1, 2025." [ 2025 c 368 s 8.]
Effective date—2020 c 90: See note following RCW 43.216.580.
Intent—Findings—2019 c 387: See note following RCW 28A.150.392.
Effective date—2017 3rd sp.s. c 13 ss 401-413: See note following RCW 28A.150.200.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Effective date—2010 c 236 ss 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260.
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Conflict with federal requirements—1994 c 180: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1994 c 180 s 10.]
Severability—1994 c 180: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1994 c 180 s 11.]
Conflict with federal requirements—1993 c 149: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1993 c 149 s 12.]
Severability—1993 c 149: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 149 s 13.]
Effective dates—1993 c 149: "(1) Sections 1 through 10 and 12 through 14 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 30, 1993].
(2) Section 11 of this act takes effect September 1, 1993." [ 1993 c 149 s 15.]
Intent—1989 c 400: "The legislature finds that there is increasing demand for school districts' special education programs to include medical services necessary for handicapped children's participation and educational progress. In some cases, these services could qualify for federal funding under Title XIX of the social security act. The legislature intends to establish a process for school districts to obtain reimbursement for eligible services from medical assistance funds. In this way, state dollars for handicapped education can be leveraged to generate federal matching funds, thereby increasing the overall level of resources available for school districts' special education programs." [ 1989 c 400 s 1.]
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Appropriations for special education programs.


title: RCW 28A.150.392

text:
(1)(a) To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided through the special education funding formula under RCW 28A.150.390.
(b) If the federal safety net awards based on the federal eligibility threshold exceed the federal appropriation in any fiscal year, then the superintendent shall expend all available federal discretionary funds necessary to meet this need.
(2) Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:
(a) The committee shall award additional funds for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. When determining award eligibility and amounts, the committee shall limit its review to relevant documentation that illustrates adherence to award criteria. The committee shall not make determinations regarding the content of individualized education programs beyond confirming documented and quantified services and evidence of corresponding expenditures for which a school district seeks reimbursement.
(b) In the determination of need, the committee shall consider additional available revenues from federal sources.
(c) Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
(d) In the determination of need, the committee shall require that districts demonstrate that they are maximizing their eligibility for all state revenues related to services for students eligible for special education and all federal revenues from federal impact aid, medicaid, and the individuals with disabilities education act-Part B and appropriate special projects. Awards associated with (e) of this subsection shall not exceed the total of a district's specific determination of need.
(e) The committee shall then consider the extraordinary high cost needs of one or more individual students eligible for and receiving special education. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
(f) The committee shall then consider the extraordinary high cost needs of one or more individual students eligible for and receiving special education served in residential schools, programs for juveniles under the department of corrections, and programs for juveniles operated by city and county jails to the extent they are providing a secondary program of education.
(g) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.
(h) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent of public instruction in accordance with chapter 318, Laws of 1999.
(i) Safety net awards must be adjusted for any unresolved audit findings or exceptions related to special education funding. Safety net awards may only be adjusted for errors in safety net applications or individualized education programs that materially affect the demonstration of need.
(3) The superintendent of public instruction shall adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. By December 1, 2018, the superintendent shall review and revise the rules to achieve full and complete implementation of the requirements of this subsection and subsection (4) of this section including revisions to rules that provide additional flexibility to access community impact awards. Before revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature. In adopting and revising the rules, the superintendent shall ensure the application process to access safety net funding is streamlined, timelines for submission are not in conflict, feedback to school districts is timely and provides sufficient information to allow school districts to understand how to correct any deficiencies in a safety net application, and that there is consistency between awards approved by school district and by application period. The office of the superintendent of public instruction shall also provide technical assistance to school districts in preparing and submitting special education safety net applications.
(4)(a) On an annual basis, the superintendent shall survey districts regarding their satisfaction with the safety net process and consider feedback from districts to improve the safety net process. Each year by December 1st, the superintendent shall prepare and submit a report to the office of financial management and the appropriate policy and fiscal committees of the legislature that summarizes the survey results and those changes made to the safety net process as a result of the school district feedback.
(b) By December 1, 2024, the office of the superintendent of public instruction must develop a survey requesting specific feedback on the safety net application process from school districts with 3,000 or fewer students. The survey must include, at a minimum, questions regarding the average amount of time school district staff spend gathering safety net application data, filling out application forms, and correcting application deficiencies. The survey must also include questions to help identify which application components are the most challenging and time-consuming for school districts to complete. By December 1, 2025, the office of the superintendent of public instruction must use this feedback to implement a simplified, standardized safety net application for all school districts that reduces barriers to safety net funding.
(5) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:
(a) One staff member from the office of the superintendent of public instruction;
(b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and
(c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.
(6) Beginning in the 2026-27 school year, the office of the superintendent of public instruction must distribute safety net awards to school districts on a quarterly basis if the following criteria are met:
(a) The safety net award is provided for a high cost student who receives special education services from an authorized entity, as defined under RCW 28A.300.690, located outside of the state of Washington;
(b) The school district successfully applied for and received a safety net award for the high cost student in a prior school year and the student's placement has not changed since that safety net award was granted; and
(c) The school district meets all other safety net award eligibility requirements as determined by the safety net oversight committee.
(7) Beginning in the 2026-27 school year, the office of the superintendent of public instruction must distribute safety net awards to second-class school districts on a quarterly basis.
(8) Beginning in the 2025-26 school year, a high-need student is eligible for safety net awards from state funding under subsection (2)(e) and (f) of this section if the student's individualized education program costs exceed:
(a) 1.8 times the average per-pupil expenditure for school districts that meet any of the following criteria:
(i) The school district has fewer than 1,000 full-time equivalent students;
(ii) The school district has a percentage of identified students as defined in RCW 28A.235.300 of at least 60 percent; or
(iii) The school district has at least 60 percent of students enrolled in the transitional bilingual instructional program under chapter 28A.180 RCW.
(b) 2 [2.0] times the average per-pupil expenditure for school districts that meet none of the criteria listed in (a) of this subsection.
(c) For purposes of this subsection, "average per-pupil expenditure" has the same meaning as in 20 U.S.C. Sec. 7801, the every student succeeds act of 2015, and excludes safety net funding provided in this section.
[ 2025 c 368 s 6; 2024 c 127 s 2; 2023 c 417 s 4; 2019 c 387 s 2; 2018 c 266 s 106; 2017 3rd sp.s. c 13 s 407; 2009 c 548 s 109.]
Notes:
Finding—Intent—2024 c 127: "The legislature recognizes that the special education safety net is an important funding resource for school districts that serve high-need students requiring extraordinary high-cost services. However, the legislature finds that the current safety net application requirements are burdensome to school districts, especially those with limited staff, and may discourage school districts from applying for funding. School districts have reported that, as part of the application process, individualized education programs are rigorously analyzed beyond what is necessary to confirm a legitimate demonstration of need, and safety net awards are reduced by up to 45 percent for errors. This practice undermines the expertise of the individualized education program team members, creates barriers to funding for school districts with limited resources, and fails to accurately reimburse school districts for legitimate expenditures. Therefore, the legislature intends to clarify the responsibilities of the safety net oversight committee in reviewing applications and prohibit award reductions for nonmaterial errors. The legislature also intends to simplify the application process to reduce administrative barriers and increase funding accessibility." [ 2024 c 127 s 1.]
Intent—Findings—2019 c 387: "The legislature intends to provide the funding necessary to support a comprehensive and responsive education system that fully addresses the needs of students with disabilities eligible for special education. Under the current funding model, students with disabilities eligible for special education are funded as basic education students first, with additional funding provided through a statewide multiplier intended to meet the additional needs of each student as established in the student's individualized education program. Additionally, a safety net administered by the office of the superintendent of public instruction is available for school districts that demonstrate significant extra need beyond what they receive from the base funding formula.
The legislature notes that school districts across the state have identified the need for additional resources to create the educational environment necessary to give every student with an individualized education program the opportunity to succeed. It is the legislature's intent to provide immediate relief to school district special education programs by enhancing the supplemental funding school districts receive for every student in the program of special education and to provide easier access to the safety net when those base funds are not adequate." [ 2019 c 387 s 1.]
Effective date—2017 3rd sp.s. c 13 ss 401-413: See note following RCW 28A.150.200.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.

catchline: Special education funding—Safety net awards—Rules—District surveys and legislative report—Safety net oversight committee—High-need students.


title: RCW 28A.150.400

text:
State and county funds which may become due and apportionable to school districts shall be apportioned in such a manner that any apportionment factors used shall utilize data and statistics derived in the school year that such funds are paid: PROVIDED, That the superintendent of public instruction may make necessary administrative provision for the use of estimates, and corresponding adjustments to the extent necessary: PROVIDED FURTHER, That as to those revenues used in determining the amount of state funds to be apportioned to school districts pursuant to RCW 28A.150.250, any apportionment factors shall utilize data and statistics derived in an annual period established pursuant to rules and regulations promulgated by the superintendent of public instruction in cooperation with the department of revenue.
[ 1990 c 33 s 117; 1972 ex.s. c 26 s 3; 1969 ex.s. c 223 s 28A.41.055. Prior: 1955 c 350 s 1. Formerly RCW 28A.41.055, 28.41.055.]
Notes:
Severability—1972 ex.s. c 26: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1972 ex.s. c 26 s 4.]

catchline: Apportionment factors to be based on current figures—Rules and regulations.


title: RCW 28A.150.410

text:
(1) Through the 2017-18 school year, the legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260. For the purposes of this section, the staff allocations for classroom teachers, teacher-librarians, counselors, and student health services staff under RCW 28A.150.260 are considered allocations for certificated instructional staff.
(2) Through the 2017-18 school year, salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district's average salary for certificated instructional staff, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act.
(3) Through the 2017-18 school year, no more than 90 college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless:
(a) The employee has a master's degree; or
(b) The credits were used in generating state salary allocations before January 1, 1992.
(4) Beginning in the 2007-08 school year and through the 2017-18 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter, up to a limit of two years of nonschool service. Nonschool years of service included in calculations under this subsection shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits.
(5) By the 2018-19 school year, the minimum state allocation for salaries for certificated instructional staff in the basic education program must be increased to provide a statewide average allocation of $64,000 adjusted for inflation from the 2017-18 school year.
(6) By the 2018-19 school year, the minimum state allocation for salaries for certificated administrative staff in the basic education program must be increased to provide a statewide average allocation of $95,000 adjusted for inflation from the 2017-18 school year.
(7) By the 2018-19 school year, the minimum state allocation for salaries for classified staff in the basic education program must be increased to provide a statewide average allocation of $45,912 adjusted by inflation from the 2017-18 school year.
(8) For school year 2018-19, a district's minimum state allocation for salaries is the greater of the district's 2017-18 state salary allocation, adjusted for inflation, or the district's allocation based on the state salary level specified in subsections (5) through (7) of this section, and as further specified in the omnibus appropriations act.
(9) Beginning with the 2018-19 school year, state allocations for salaries for certificated instructional staff, certificated administrative staff, and classified staff must be adjusted for regional differences in the cost of hiring staff. Adjustments for regional differences must be specified in the omnibus appropriations act for each school year through at least school year 2022-23. For school years 2018-19 through school year 2022-23, the school district regionalization factors are based on the median single-family residential value of each school district and proximate school district median single-family residential value as described in RCW 28A.150.412.
(10) Beginning with the 2023-24 school year and every four years thereafter, the minimum state salary allocations and school district regionalization factors for certificated instructional staff, certificated administrative staff, and classified staff must be reviewed and rebased, as provided under RCW 28A.150.412, to ensure that state salary allocations continue to align with staffing costs for the state's program of basic education.
(11) For the purposes of this section, "inflation" has the meaning provided in RCW 28A.400.205 for "inflationary adjustment index."
[ 2022 c 109 s 7; 2018 c 266 s 202; 2017 3rd sp.s. c 13 s 101; 2010 c 236 s 10; 2007 c 403 s 1; 2002 c 353 s 1; 1997 c 141 s 1; 1990 c 33 s 118; 1989 1st ex.s. c 16 s 1; 1987 3rd ex.s. c 1 s 4; 1987 1st ex.s. c 2 s 204. Formerly RCW 28A.41.112.]
Notes:
Effective date—2022 c 109 ss 3, 6, and 7: See note following RCW 28A.150.260.
Intent—2022 c 109: See note following RCW 28A.300.476.
Finding—Intent—2018 c 266: "The legislature recognizes that Initiative Measure No. 1433 was approved by the voters of the state of Washington in 2016 requiring employers to provide paid sick leave to each of its employees. The legislature acknowledges that the enactment of this initiative contributes to the costs of operations of the state's public schools and intends to provide funding in the omnibus appropriations act to support school districts with these additional costs." [ 2018 c 266 s 201.]
Intent—2017 3rd sp.s. c 13: "The state must provide education funding that corresponds to the cost of providing all students with the opportunity to learn through the state's statutory program of basic education. In chapter 548, Laws of 2009 (Engrossed Substitute House Bill No. 2261) and chapter 236, Laws of 2010 (Substitute House Bill No. 2776), the state established a comprehensive plan for enhancing the state's program of basic education. With this act, the legislature intends to realize the promise of these reforms and to improve student outcomes by increasing state allocations for school staff salaries, by revising state and local education funding contributions, and by improving transparency and accountability of education funding." [ 2017 3rd sp.s. c 13 s 1.]
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Effective date—2010 c 236 ss 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260.
Effective date—2002 c 353: "This act takes effect September 1, 2002." [ 2002 c 353 s 3.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531.

catchline: Basic education certificated instructional staff—Salary allocation methodology—Adjustments for regional differences—Review and rebasing of regionalization factors.


title: RCW 28A.150.412

text:
(1) Beginning with the 2023 regular legislative session, and every four years thereafter, the legislature shall review and rebase state basic education compensation allocations compared to school district compensation data, regionalization factors, what inflationary measure is the most representative of actual market experience for school districts, and other economic information. The legislature shall revise the minimum allocations, regionalization factors, and inflationary measure if necessary to ensure that state basic education allocations continue to provide market-rate salaries and that regionalization adjustments reflect actual economic differences between school districts.
(2)(a) For school districts with single-family residential values above the statewide median residential value, regionalization factors for school years 2018-19 through school year 2022-23 are as follows:
(i) For school districts in tercile 1, state salary allocations for school district employees are regionalized by six percent;
(ii) For school districts in tercile 2, state salary allocations for school district employees are regionalized by 12 percent; and
(iii) For school districts in tercile 3, state salary allocations for school district employees are regionalized by 18 percent.
(b) In addition to the regionalization factors specified in (a) of this subsection, school districts located west of the crest of the Cascade mountains and sharing a boundary with any school district with a regionalization factor more than one tercile higher, are regionalized by six additional percentage points.
(c) In addition to the regionalization factors specified in this subsection, for school districts that have certificated instructional staff median years of experience that exceed the statewide average certificated instructional staff years of experience and a ratio of certificated instructional staff advanced degrees to bachelor degrees above the statewide ratio, an experience factor of four percentage points is added to the regionalization factor, beginning in the 2019-20 school year.
(d) Additional school district adjustments are identified in the omnibus appropriations act, and these adjustments are partially reduced or eliminated by the 2022-23 school year as follows:
(i) Adjustments that increase the regionalization factor to a value that is greater than the tercile 3 regionalization factor must be reduced by two percentage points each school year beginning with school year 2020-21, through 2022-23.
(ii) Adjustments that increase the regionalization factor to a value that is less than or equal to the tercile 3 regionalization factor must be reduced by one percentage point each school year beginning with school year 2020-21, through 2022-23.
(3) To aid the legislature in reviewing and rebasing regionalization factors, the department of revenue shall, by November 1, 2022, and by November 1st every four years thereafter, determine the median single-family residential value of each school district and the median single-family residential value of each school district including any other school district that is proximate to the school district for which the median residential value is being calculated.
(4) No district may receive less state funding for the minimum state salary allocation as compared to its prior school year salary allocation as a result of adjustments that reflect updated regionalized salaries.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Median residential value of each school district" means the median value of all single-family residential parcels included within a school district.
(b) "Proximate to the school district" means within 15 miles of the boundary of the school district for which the median residential value is being calculated.
(c) "School district employees" means state-funded certificated instructional staff, certificated administrative staff, and classified staff.
(d) "School districts in tercile 1" means school districts with median single-family residential values in the first tercile of districts with single-family residential values above the statewide median residential value.
(e) "School districts in tercile 2" means school districts with median single-family residential values in the second tercile of districts with single-family residential values above the statewide median residential value.
(f) "School districts in tercile 3" means school districts with median single-family residential values in the third tercile of districts with single-family residential values above the statewide median residential value.
(g) "Statewide median residential value" means the median value of single-family residential parcels located within all school districts, reduced by five percent.
[ 2024 c 252 s 1; 2018 c 266 s 203; 2017 3rd sp.s. c 13 s 104.]
Notes:
Finding—Intent—2018 c 266: See note following RCW 28A.150.410.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.

catchline: Basic education compensation allocations—Rebase and review—Revision of minimum allocations and regionalization factors—Regionalization factors—Definitions.


title: RCW 28A.150.413

text:
(1) The legislature finds that while the state has the responsibility to provide for a general and uniform system of public schools, there is also a need for some diversity in the public school system. A successful system of public education must permit some variation among school districts outside the basic education provided for by the state to respond to and reflect the unique desires of local communities. The opportunity for local communities to invest in enriched education programs promotes support for local public schools. Further, the ability of local school districts to experiment with enriched programs can inform the legislature's long-term evolution of the definition of basic education. Therefore, local levy authority remains an important component of the overall finance system in support of the public schools even though it is outside the state's obligation for basic education and, after September 1, 2019, is restricted to enrichment purposes under RCW 28A.150.276.
(2) However, the value of permitting local levies must be balanced with the value of equity and fairness to students and to taxpayers, neither of whom should be unduly disadvantaged due to differences in the tax bases used to support local levies. Equity and fairness require both an equitable basis for supplemental funding outside basic education and a mechanism for property tax-poor school districts to fairly access supplemental funding. As such, local effort assistance, while also outside the state's obligation for basic education, is another important component of school finance.
[ 2017 3rd sp.s. c 13 s 208; 2009 c 548 s 301. Formerly RCW 28A.500.050.]
Notes:
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.

catchline: Finding—Local levy authority—Local effort assistance—Value—Restriction.


title: RCW 28A.150.414

text:
(1) The superintendent of public instruction must convene and facilitate a stakeholder technical working group to develop a model salary grid for school district use in developing locally determined compensation plans for certificated instructional staff.
(2) The grid is intended to be used as a resource by school districts in determining local salaries in the collective bargaining process, and it is intended to provide guidance to districts in hiring staff based on the allocation methodology, regionalization adjustments, and compensation restrictions in chapter 13, Laws of 2017 3rd sp. sess. However, districts are not required to use this grid in bargaining or determining actual salaries.
(3) Membership of the technical working group convened by the superintendent of public instruction may include, but is not limited to, one school district administrator each from an urban and a rural district east of the crest of the Cascade mountains and from an urban and a rural district west of the crest of the Cascade mountains, a representative of an organization representing school district certificated instructional staff, and a representative of an educational service district.
(4) The superintendent of public instruction must provide the initial model grid to the governor and the appropriate policy and fiscal committees of the legislature for their review by December 1, 2017. The superintendent of public instruction must post the model grid on the website for the office of the superintendent of public instruction.
(5) The superintendent of public instruction may reconvene the technical working group to update the model grid based on future legislative changes to methodologies for allocating and regionalizing salaries for certificated instructional staff.
[ 2017 3rd sp.s. c 13 s 107.]
Notes:
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.

catchline: Locally determined compensation plans for certificated instructional staff—Model salary grid—Stakeholder technical working group.


title: RCW 28A.150.415

text:
(1) Beginning with the 2018-19 school year, the legislature shall begin phasing in funding for professional learning days for certificated instructional staff. At a minimum, the state must allocate funding for:
(a) One professional learning day in the 2018-19 school year;
(b) Two professional learning days in the 2019-20 school year; and
(c) Three professional learning days in the 2020-21 school year.
(2) The office of the superintendent of public instruction shall calculate each school district's professional learning allocation as provided in subsection (1) of this section separate from the minimum state allocation for salaries as specified in RCW 28A.150.410 and associated fringe benefits on the apportionment reports provided to each school district. The professional learning allocation shall be equal to the proportional increase resulting from adding the professional learning days provided in subsection (1) of this section to the required minimum number of school days in RCW 28A.150.220(5)(a) applied to the school district's minimum state allocation for salaries and associated fringe benefits for certificated instructional staff as specified in the omnibus operating appropriations act. Professional learning allocations shall be included in per-pupil calculations, such as special education, for programs funded on a per-pupil basis.
(3) Nothing in this section entitles an individual certificated instructional staff to any particular number of professional learning days.
(4) The professional learning days must meet the definitions and standards provided in RCW 28A.415.430, 28A.415.432, and 28A.415.434.
[ 2019 c 387 s 3; 2017 3rd sp.s. c 13 s 105.]
Notes:
Intent—Findings—2019 c 387: See note following RCW 28A.150.392.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.

catchline: Professional learning days—Funding.


title: RCW 28A.150.420

text:
The superintendent of public instruction shall establish procedures to allow school districts to claim basic education allocation funds for students attending classes that are provided outside the regular school year to the extent such attendance is in lieu of attendance during the regular school year: PROVIDED, That nothing in this section shall be construed to alter the basic education allocation for which the district is otherwise eligible.
[ 1989 c 233 s 10. Formerly RCW 28A.41.172.]

catchline: Reimbursement for classes provided outside regular school year.


title: RCW 28A.150.500

text:
(1) Each local education agency or college district offering vocational educational programs shall establish local advisory committees to provide that agency or district with advice on current job needs and on the courses necessary to meet these needs.
(2) The local program committees shall:
(a) Participate in the determination of program goals;
(b) Review and evaluate program curricula, equipment, and effectiveness;
(c) Include representatives of business and labor who reflect the local industry, and the community; and
(d) Actively consult with other representatives of business, industry, labor, and agriculture.
[ 1991 c 238 s 76.]
Notes:

catchline: Educational agencies offering vocational education programs—Local advisory committees—Advice on current job needs.


title: RCW 28A.150.510

text:
(1) In order to effectively serve students who are the subject of a dependency proceeding, education records shall be transmitted to the department of children, youth, and families, the appropriate federally recognized Indian tribe, or the state agency responsible for the implementation of the unaccompanied refugee minors program within two school days after receiving the request from the department, federally recognized Indian tribe, or state agency provided that the department, the appropriate federally recognized Indian tribe, or the state agency responsible for the implementation of the unaccompanied refugee minors program certifies that it will not disclose to any other party the education records without prior written consent of the parent or student unless authorized to disclose the records under state law. The department of children, youth, and families is authorized to disclose education records it obtains pursuant to this section to a foster parent, guardian, or other entity authorized by the department to provide residential care to the student. The department is also authorized to disclose educational [education] records it obtains pursuant to this section to those entities with which it has contracted, or with which it is formally collaborating, having responsibility for educational support services and educational outcomes of students who are the subject of a dependency proceeding pursuant to chapter 13.34 RCW. The department is encouraged to put in place data-sharing agreements to assure accountability.
(2) For the purposes of this section, "students who are the subject of a dependency proceeding" means a child or youth who is located in Washington state, and who is:
(a) The subject of a shelter care or dependency order issued pursuant to chapter 13.34 RCW or an equivalent order of a tribal court of a federally recognized Indian tribe; or
(b) Eligible for benefits under the federal foster care system as defined in RCW 28B.117.020.
[ 2022 c 78 s 1; 2017 3rd sp.s. c 6 s 336; 2012 c 163 s 9; 2008 c 297 s 5; 2000 c 88 s 1.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Findings—Effective date—2012 c 163: See notes following RCW 28B.117.010.

catchline: Transmittal of education records—Disclosure of education records—Data-sharing agreements.


title: RCW 28A.150.515

text:
(1) Beginning in 2024, each school district that operates a high school shall annually transmit directory information for all enrolled high school students to the office of the superintendent of public instruction by November 1st.
(2) The office of the superintendent of public instruction must hold the high school student directory information collected under this section and make the information available for the Washington student achievement council and institutions of higher education in accordance with RCW 28B.10.041.
(3) By no later than the beginning of the 2025-26 school year, the office of the superintendent of public instruction shall identify a process for making information provided in accordance with RCW 28B.10.041(2) on a student's enrollment in an institution of higher education available to the student's school district. The process identified under this subsection (3) must require that information provided to school districts include the statewide student identifier for each student.
(4) In transmitting student information under this section, school districts must comply with the consent procedures under RCW 28A.605.030, the federal family educational and privacy rights act of 1974 (20 U.S.C. Sec. 1232g), and all applicable rules and regulations.
(5) The student directory information data collected under this section is solely for the following purposes:
(a) Providing information related to college awareness and admissions at institutions of higher education in accordance with RCW 28B.10.041;
(b) Providing information related to postsecondary financial aid and educational opportunities in accordance with RCW 28B.10.041; and
(c) Providing enrollment and outcome information to the office of the superintendent of public instruction and to school districts related to students from their respective school district under subsection (3) of this section.
(6) For the purposes of this section:
(a) "Directory information" means the names, addresses, email addresses, and telephone numbers of students and their parents or legal guardians; and
(b) "Statewide student identifier" has the same meaning as in RCW 28B.10.041.
[ 2024 c 324 s 2; 2023 c 406 s 2.]

catchline: High school directory information—Transmittal to the office of the superintendent of public instruction.


title: RCW 28A.150.520

text:
Public school districts must comply with high-performance public building[s] requirements under RCW 39.35D.010, 39.35D.020, 39.35D.040, 39.35D.060, and 28A.150.530.
[ 2005 c 12 s 9.]

catchline: High-performance public buildings—Compliance with requirements.


title: RCW 28A.150.530

text:
(1) In adopting implementation rules, the superintendent of public instruction, in consultation with the department of enterprise services, shall review and modify the current requirement for an energy conservation report review by the department of enterprise services.
(2) In adopting implementation rules, the superintendent of public instruction shall:
(a) Review and modify the current requirements for value engineering, constructibility review, and building commissioning;
(b) Review private and public utility providers' capacity and financial/technical assistance programs for affected public school districts to monitor and report utility consumption for purposes of reporting to the superintendent of public instruction as provided in RCW 39.35D.040;
(c) Coordinate with the department of enterprise services, the state board of health, the department of ecology, federal agencies, and other affected agencies as appropriate in their consideration of rules to implement this section.
[ 2015 c 225 s 26; 2006 c 263 s 326; 2005 c 12 s 7.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: High-performance public buildings—Implementation rules—Energy conservation report review.


title: RCW 28A.150.540

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 3.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.

catchline: Condensed compliance reports—Second-class districts.


title: RCW 28A.150.550

text:
(1) The following statewide indicators of educational system health are established:
(a) The percentage of students demonstrating the characteristics of entering kindergartners in all six areas identified by the Washington kindergarten inventory of developing skills administered in accordance with RCW 28A.655.080;
(b) The percentage of students meeting the standard on the fourth grade statewide reading assessment administered in accordance with RCW 28A.655.070;
(c) The percentage of students meeting the standard on the eighth grade statewide mathematics assessment administered in accordance with RCW 28A.655.070;
(d) The four-year cohort high school graduation rate;
(e) The percentage of high school graduates who during the second quarter after graduation are either enrolled in postsecondary education or training or are employed, and the percentage during the fourth quarter after graduation who are either enrolled in postsecondary education or training or are employed; and
(f) The percentage of students enrolled in precollege or remedial courses in college.
(2) The statewide indicators established in subsection (1) of this section shall be disaggregated as provided under RCW 28A.300.042.
(3) The state board of education, with assistance from the office of the superintendent of public instruction, the workforce training and education coordinating board, the educational opportunity gap oversight and accountability committee, and the student achievement council, shall establish a process for identifying realistic but challenging systemwide performance goals and measurements, if necessary, for each of the indicators established in subsection (1) of this section, including for subcategories of students as provided under subsection (2) of this section. The performance goal for each indicator must be set on a biennial basis, and may only be adjusted upward.
(4) The state board of education, the office of the superintendent of public instruction, and the student achievement council shall each align their strategic planning and education reform efforts with the statewide indicators and performance goals established under this section.
(5)(a) The state board of education, with assistance from the office of the superintendent of public instruction, the workforce training and education coordinating board, the educational opportunity gap oversight and accountability committee, and the student achievement council, shall submit a report on the status of each indicator in subsection (1) of this section and recommend revised performance goals and measurements, if necessary, by December 1st of each even-numbered year, except that the initial report establishing baseline values and initial goals shall be delivered to the education committees of the legislature by December 1, 2013.
(b) If the educational system is not on target to meet the performance goals on any individual indicator, the report must recommend evidence-based reforms intended to improve student achievement in that area.
(c) To the extent data is available, the performance goals for each indicator must be compared with national data in order to identify whether Washington student achievement results are within the top ten percent nationally or are comparable to results in peer states with similar characteristics as Washington. If comparison data show that Washington students are falling behind national peers on any indicator, the report must recommend evidence-based reforms targeted at addressing the indicator in question.
[ 2013 c 282 s 2.]
Notes:
Intent—2013 c 282: "(1) The legislature acknowledges that multiple entities, including the state board of education, the office of the superintendent of public instruction, the workforce training and education coordinating board, the quality education council, and the student achievement council, are actively working on efforts to identify measurable goals and priorities, road maps, and strategic plans for the entire educational system. It is not the legislature's intent to undermine or curtail the ongoing work of these groups. However, the legislature believes that a coordinated single set of statewide goals would help focus these efforts.
(2) It is, therefore, the intent of the legislature to establish a discrete set of statewide data points that will serve as snapshots of the overall health of the educational system and as a means for evaluating progress in achieving the outcomes set for the system and the students it serves. By monitoring these statewide indicators over time, it is the intent of the legislature to understand whether reform efforts and investments are making positive progress in the overall education of students and whether adjustments are necessary. Finally, it is the intent of the legislature to align the education reform efforts of each state education agency in order to hold each part of the system – statewide leaders, school personnel, and students – accountable to the same definitions of success." [ 2013 c 282 s 1.]

catchline: Statewide indicators of educational system health—Disaggregation—Use of indicators—Status reports.


title: RCW 28A.150.560

text:
(1) It is the policy of the state that for purposes of state funding allocations, students eligible for and receiving special education generate the full basic education allocation under RCW 28A.150.260 and, as a class, are to receive the benefits of this allocation for the entire school day, as defined in RCW 28A.150.203, whether the student is placed in the general education setting or another setting.
(2) The superintendent of public instruction shall develop an allocation and cost accounting methodology to account for expenditures beyond amounts provided through the special education funding formula under RCW 28A.150.390. This method of accounting must shift 25 percent of a school district's base allocation as defined in RCW 28A.150.390 for students eligible for and receiving special education to the school district's special education program for expenditure.
(3) To the extent that a school district's special education program expenditures exceed state funding in a school year provided under RCW 28A.150.390 and 28A.150.392, and redirected general apportionment revenue under subsection (2) of this section, the school district must use the remaining portion of the school district's base allocation as defined in RCW 28A.150.390 for students eligible for and receiving special education for the expenditures prior to using other funding sources.
(4) Unless otherwise prohibited by law, nothing in this section prohibits school districts from using other funding and state allocations above the amounts provided under RCW 28A.150.390 and subsections (2) and (3) of this section to serve students eligible for and receiving special education.
(5) Nothing in this section requires districts to provide services in a manner inconsistent with the student's individualized education program or other than in the least restrictive environment as determined by the individualized education program team.
(6) The superintendent of public instruction shall provide the legislature with an accounting of prorated general apportionment allocations provided to special education programs broken down by school district by January 1, 2024, and then every January 1st of odd-numbered years thereafter.
[ 2025 c 368 s 7; 2023 c 417 s 6.]

catchline: Special education—Allocation and cost accounting methodology—Annual accounting to legislature.


title: RCW 28A.150.570

text:
(1) Subject to availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction must award grants to up to 20 pilot schools to support school-wide centers of excellence for inclusionary practices. School districts may apply for grant funding on behalf of a school within their district. The selected schools will generate a grant equivalent to the amount needed to bring the school to a multiplier of 1.5 for all students eligible for, and receiving special education in, the school in each school year over a four-year period. Grant amounts provided in this section must be spent on qualifying expenses for special education programs for students with disabilities.
(2) The superintendent of public instruction must select grant recipients based on the criteria in this subsection (2). Selected pilot schools must be diverse geographically and in size of enrollment. Successful school applicants must:
(a) Demonstrate engaged and committed school leadership and faculty in support of inclusionary practices, which may include, but are not limited to, the following practices:
(i) A willingness to make master schedule changes to allow for common collaboration time;
(ii) A plan for transformational change in building practices in support of inclusion;
(iii) Broadly communicating a commitment to the shift in practices; and
(iv) A commitment to, and understanding of, universal design for learning;
(b) Demonstrate that all school staff, including classified staff, are appropriately trained in inclusionary practices or submit a plan for all staff to obtain the appropriate training by the end of the following school year;
(c) Provide data demonstrating the school's existing success in inclusionary practices or recent improvements in inclusionary practices; and
(d) Describe how staff training and support in inclusionary practices will be sustained after initial training is provided.
(3) Beginning December 1, 2026, and annually thereafter, the office of the superintendent of public instruction shall submit a report to the appropriate committees of the legislature on the grant program. The report must include, at a minimum:
(a) A list of the grant recipients from the previous school year;
(b) The additional funding provided to each grant recipient as required in subsection (1) of this section; and
(c) The effectiveness of the grant funds in increasing staff training in inclusionary practices and improving student outcomes.
(4) The funding provided under this section is not part of the state's statutory program of basic education.
[ 2025 c 368 s 4.]

catchline: Special education—Pilot grants in support of inclusionary practices—Annual report.


title: RCW 28A.155.010

text:
It is the purpose of RCW 28A.155.010 through 28A.155.160, 28A.160.030, and 28A.150.390 to ensure that all children with disabilities as defined in RCW 28A.155.020 shall have the opportunity for an appropriate education at public expense as guaranteed to them by the Constitution of this state and applicable federal laws.
[ 2007 c 115 s 1; 1995 c 77 s 7; 1990 c 33 s 120; 1971 ex.s. c 66 s 1. Formerly RCW 28A.13.005.]
Notes:
Severability—1971 ex.s. c 66: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 66 s 13.]
Effective date—1971 ex.s. c 66: "This 1971 amendatory act will take effect July 1, 1973." [ 1971 ex.s. c 66 s 14.]

catchline: Purpose.


title: RCW 28A.155.020

text:
There is established in the office of the superintendent of public instruction an administrative section or unit for the education of children with disabilities who require special education.
Students with disabilities are those children whether enrolled in school or not who through an evaluation process are determined eligible for special education due to a disability.
In accordance with part B of the federal individuals with disabilities education improvement act and any other federal or state laws relating to the provision of special education services, the superintendent of public instruction shall require each school district in the state to insure [ensure] an appropriate educational opportunity for all students with disabilities beginning at three years of age and concluding at the end of the school year in which the student turns 22 years of age. The superintendent of public instruction, by rule, shall establish for the purpose of excess cost funding, as provided in RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160, functional definitions of special education, the various types of disabling conditions, and eligibility criteria for special education programs for children with disabilities, including referral procedures, use of positive behavior interventions, the education curriculum and statewide or district-wide assessments, parent and district requests for special education due process hearings, and procedural safeguards. For the purposes of RCW 28A.155.010 through 28A.155.160, an appropriate education is defined as an education directed to the unique needs, abilities, and limitations of the children with disabilities who are enrolled either full time or part time in a school district. School districts are strongly encouraged to provide parental training in the care and education of the children and to involve parents in the classroom.
Nothing in this section shall prohibit the establishment or continuation of existing cooperative programs between school districts or contracts with other agencies approved by the superintendent of public instruction, which can meet the obligations of school districts to provide education for children with disabilities, or prohibit the continuation of needed related services to school districts by the department of social and health services.
The provision of special education services until the end of the school year in which a student with disabilities turns 22 years of age is not intended to reduce or supplant any other service that a student may be eligible for.
This section shall not be construed as in any way limiting the powers of local school districts set forth in RCW 28A.155.070.
[ 2025 c 256 s 3; 2015 c 206 s 2; 2007 c 115 s 2; 1995 c 77 s 8; 1990 c 33 s 121; 1985 c 341 s 4; 1984 c 160 s 1; 1971 ex.s. c 66 s 2; 1969 ex.s. c 2 s 2; 1969 ex.s. c 223 s 28A.13.010. Prior: 1951 c 92 s 1; prior: (i) 1943 c 120 s 1; Rem. Supp. 1943 s 4679-25. (ii) 1943 c 120 s 2, part; Rem. Supp. 1943 s 4679-26, part. Formerly RCW 28A.13.010, 28.13.010.]
Notes:
Findings—Intent—2025 c 256: "(1)(a) The legislature finds that, with some exceptions, a state receiving federal funding under the federal individuals with disabilities education act is obligated to provide a free appropriate public education to children with disabilities "between the ages of 3 and 21, inclusive." However, the state is not obligated to serve youth with disabilities aged 18-21 if it would be inconsistent with state law or practice, or the order of any court, regarding the provision of public education to youth in that age range.
(b) The legislature observes that, under Washington law in effect in 2024, children with disabilities must be provided a free appropriate public education "between the ages of 3 and 21." When the 21st birthday of an individual with disabilities occurs during the school year, state administrative rule requires that special education services continue until the end of the school year.
(2)(a) The legislature acknowledges that, on November 22, 2024, the United States district court for the western district of Washington issued an order in the case of N.D. v. Reykdal. This class action lawsuit alleged that Washington's law violates the federal individuals with disabilities education act.
(b) The plaintiff students successfully argued that, because Washington offers adult education programs to 21 year olds and waives the $25 tuition fee for those who cannot pay, the state provides "free public education" to nondisabled students through age 21, which makes the federal individuals with disabilities education act's exception inapplicable.
(c) The court issued a declaratory judgment that Washington's policy of aging students out of special education at the end of the school year in which they turn 21 years old presently violates the federal individuals with disabilities education act and will continue to violate the federal individuals with disabilities education act absent a substantial change in the state's policies for charging and waiving tuition for its adult secondary education programs.
(3) The legislature finds that providing services through the school year in which the student turns 22 years old is vital to maximize educational gains, provide transitional supports, and for planning purposes.
(4) For these reasons, when the 22nd birthday of an individual with disabilities occurs during the school year, the legislature intends to continue the provision of special education services until the end of the school year." [ 2025 c 256 s 1.]
Finding—2015 c 206: "The legislature finds that there is no educational or therapeutic benefit to children from physically restraining or isolating them as part of their public school programs when not necessary for immediate safety. The use of seclusion or restraints in nonemergency situations poses significant physical and psychological danger to students and school staff. The legislature declares that it is the policy of the state of Washington to prohibit the planned use of aversive interventions, to promote positive interventions when a student with disabilities is determined to need specially designed instruction to address behavior, and to prohibit schools from physically restraining or isolating any student except when the student's behavior poses an imminent likelihood of serious harm to that student or another person." [ 2015 c 206 s 1.]
Effective date—1985 c 341 ss 4 and 13: "Sections 4 and 13 of this act shall take effect August 1, 1985." [ 1985 c 341 s 18.]
Severability—1984 c 160: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1984 c 160 s 6.]
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Administration of program in the office of the superintendent of public instruction—Services between the age of three and school year in which student turns 22 guaranteed—Adoption of definitions by rule—Local school district powers not limited.


title: RCW 28A.155.030

text:
The superintendent of public instruction shall employ an administrative officer of the division. The administrative officer, under the direction of the superintendent of public instruction, shall coordinate and supervise the program of special education for eligible children with disabilities in the school districts of the state. He or she shall ensure that school districts provide an appropriate educational opportunity for all children with disabilities in need of special education and related services and shall coordinate with the state secretary of social and health services and with county and regional officers on cases where related services are available for children with disabilities.
[ 2007 c 115 s 3; 1995 c 77 s 9; 1990 c 33 s 122; 1975 1st ex.s. c 275 s 52; 1972 ex.s. c 10 s 1. Prior: 1971 ex.s. c 66 s 3; 1971 c 48 s 3; 1969 ex.s. c 223 s 28A.13.020; prior: 1943 c 120 s 3; Rem. Supp. 1943 s 4679-27. Formerly RCW 28A.13.020, 28.13.020.]
Notes:
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Division administrative officer—Duties.


title: RCW 28A.155.040

text:
The board of directors of each school district, for the purpose of compliance with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160 and chapter 28A.190 RCW, shall cooperate with the superintendent of public instruction and with the administrative officer and shall provide an appropriate educational opportunity to children with disabilities, as defined in RCW 28A.155.020, in regular or special school facilities within the district or shall contract for such services with other agencies as provided in RCW 28A.155.060 or shall participate in an interdistrict arrangement in accordance with RCW 28A.335.160 and 28A.225.220 and/or 28A.225.250 and 28A.225.260.
In carrying out their responsibilities under this chapter, school districts severally or jointly with the approval of the superintendent of public instruction are authorized to support and/or contract for residential schools and/or homes approved by the department of social and health services for aid and special attention to students with disabilities.
The cost of board and room in facilities approved by the department of social and health services shall be provided by the department of social and health services for those students with disabilities eligible for such aid under programs of the department. The cost of approved board and room shall be provided for those students with disabilities not eligible under programs of the department of social and health services but deemed in need of the same by the superintendent of public instruction: PROVIDED, That no school district shall be financially responsible for special education programs for students who are attending residential schools operated by the department of social and health services: PROVIDED FURTHER, That the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100 shall not preclude the extension by the superintendent of public instruction of special education opportunities to students with disabilities in residential schools operated by the department of social and health services.
[ 2007 c 115 s 4; 1995 c 77 s 10; 1990 c 33 s 123; 1971 ex.s. c 66 s 4; 1969 ex.s. c 223 s 28A.13.030. Prior: 1959 c 122 s 1; 1953 c 135 s 1; 1943 c 120 s 4; Rem. Supp. 1943 s 4679-28. Formerly RCW 28A.13.030, 28.13.030.]
Notes:
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Authority of districts—Participation of department of social and health services.


title: RCW 28A.155.050

text:
Any child who is eligible for special education services through special excess cost aid programs authorized under RCW 28A.155.010 through 28A.155.160 shall be given such services in the least restrictive environment as determined by the student's individualized education program (IEP) team in the school district in which such student resides. Any school district required to provide such services shall thereupon be granted regular apportionment of state and county school funds and, in addition, allocations from state excess funds made available for such special services for such period of time as such special education program is given: PROVIDED, That should such student or any other student with disabilities attend and participate in a special education program operated by another school district in accordance with the provisions of RCW 28A.225.210, 28A.225.220, and/or 28A.225.250, such regular apportionment shall be granted to the receiving school district, and such receiving school district shall be reimbursed by the district in which such student resides in accordance with rules adopted by the superintendent of public instruction for the entire approved excess cost not reimbursed from such regular apportionment.
[ 2007 c 115 s 5; 1995 c 77 s 11; 1990 c 33 s 124; 1971 ex.s. c 66 s 5; 1969 ex.s. c 223 s 28A.13.040. Prior: 1943 c 120 s 5; Rem. Supp. 1943 s 4679-29. Formerly RCW 28A.13.040, 28.13.040.]
Notes:
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Services through special excess cost aid programs—Apportionment—Allocations from state excess funds.


title: RCW 28A.155.060

text:
(1) For the purpose of carrying out the provisions of RCW 28A.155.020 through 28A.155.050, the board of directors of every school district shall be authorized to contract with private schools approved by the state board of education under RCW 28A.305.130, other private in-state entities, and any out-of-state entities authorized by the office of the superintendent of public instruction under RCW 28A.300.690 to provide special education and related services to students with disabilities placed in the authorized entities by school districts.
(2) A school district that chooses to contract with an authorized entity must enter into a written contract to establish the responsibilities of the school district and the authorized entity, and set forth the rights of students with disabilities placed in the authorized entity by the school district as a means of providing special education and related services. The contract must include, at a minimum, the following elements:
(a) The names of the parties involved and the name of the student placed in the authorized entity by the school district;
(b) The locations and settings of the education and related services to be provided;
(c)(i) A description of the opportunities for the student to meet a program of basic education that meets the goals of RCW 28A.150.210, in accordance with an individual assessment of student strengths and needs initially performed by the placing school districts and updated by the authorized entity; and
(ii) When applicable, a description of the opportunities for the student to either meet high school graduation requirements under RCW 28A.230.090 or to earn a high school equivalency certificate under RCW 28B.50.536 or laws of the state in which the authorized entity is located;
(d) A schedule, of at least once per academic term, for the authorized entity to provide to the school district student progress reports. The progress reports must describe how the student is meeting personalized learning outcomes;
(e) The total contract cost and applicable charge and reimbursement systems, including billing and payment procedures;
(f) Acknowledgment that the authorized entity is responsible for full reimbursement to the school district of any overpayments determined to have been made by the school district;
(g) Acknowledgment that the authorized entity has a list of staff members providing the education and related services and a copy of the license that qualifies each staff member to provide the services;
(h) An agreement by the authorized entity to employ or contract with at least one licensed teacher with a special education endorsement;
(i) Acknowledgment that the staff of the authorized entity are regularly trained on the following topics:
(i) The constitutional and civil rights of students in schools;
(ii) Child and adolescent development;
(iii) Trauma-informed approaches to working with children and youth;
(iv) Cultural competency, diversity, equity, and inclusion, including best practices for interacting with students from particular backgrounds, including English learner, LGBTQ, immigrant, female, and nonbinary students. For the purposes of this subsection, "cultural competency," "diversity," "equity," and "inclusion" have the same meanings as in RCW 28A.415.443;
(v) Student isolation and restraint requirements under RCW 28A.600.485;
(vi) The federal family educational rights and privacy act (Title 20 U.S.C. Sec. 1232g) requirements including limits on access to and dissemination of student records for noneducational purposes;
(vii) Recognizing and responding to student mental health issues; and
(viii) Educational rights of students with disabilities, the relationship of disability to behavior, and best practices for interacting with students with disabilities;
(j) Acknowledgment that the school district and the authorized entity have clearly established their respective responsibilities and processes for student data collection and reporting;
(k) Acknowledgment that the authorized entity will promptly submit to the school district any complaints it receives;
(l) Acknowledgment that the authorized entity will submit other information required by the school district or the office of the superintendent of public instruction;
(m) Acknowledgment that the authorized entity must comply with student isolation and restraint requirements under RCW 28A.600.485;
(n) Acknowledgment that the authorized entity will notify:
(i) The office of the superintendent of public instruction and every school district with which it contracts of any major program changes that occur during the authorization period, including adding or eliminating services or changing the type of programs available to students;
(ii) The office of the superintendent of public instruction, every school district with which it contracts, and every parent or guardian of an affected student of any conditions that would affect the authorized entity's ability to continue to provide the contracted services; and
(iii) The office of the superintendent of public instruction and every school district with which it contracts of any complaints it receives regarding services to students, as well as any law enforcement incident reports involving the authorized entity and its enrolled students;
(o) Acknowledgment that the authorized entity must comply with all relevant Washington state and federal laws that are applicable to the school district; and
(p) Acknowledgment that the school district must provide the office of the superintendent of public instruction with the opportunity to review the contract and related documentation upon request.
(3)(a) A school district that contracts with an authorized entity under this section shall conduct an annual on-site visit to confirm that the health and safety of the facilities, the staffing qualifications and levels, and the procedural safeguards are sufficient to provide a safe and appropriate learning environment for students.
(b) A contracting school district may arrange for another school district to complete the annual on-site visit on its behalf, so long as the school district conducting the on-site visit provides a written report to the contracting school district that documents the results of the on-site visit and any concerns about the learning environment.
(4) Each school district contracting with an authorized entity under this section shall provide the following documents to the parents or guardians of each student placed in the authorized entity by the school district:
(a) A summary of the school district's and the authorized entity's responsibilities and processes for reporting incidents of student isolation and restraint under RCW 28A.600.485; and
(b) A copy of the complaint procedure developed by the office of the superintendent of public instruction under RCW 28A.155.240.
(5) Each school district contracting with an authorized entity under this section shall report to the office of the superintendent of public instruction and the office of the Washington state auditor any concerns the school district has about overbilling by the authorized entity.
(6) Each school district contracting with an authorized entity under this section shall remain responsible for ensuring that the students with disabilities placed in the authorized entity are:
(a) Provided a free appropriate public education in accordance with the federal individuals with disabilities education act, Title 20 U.S.C. Sec. 1400 et seq. and this chapter;
(b) Provided with special education and related services at no cost to the student's parents and in conformance with an individualized education program as required by law, including evaluations and individualized education program team meetings that meet all applicable requirements; and
(c) Provided with an opportunity to participate in Washington state and school district assessments.
(7) As used in this section, the term "authorized entity" has the same meaning as in RCW 28A.300.690.
[ 2023 c 436 s 6; 2007 c 115 s 6; 2006 c 263 s 915; 1995 c 77 s 12; 1990 c 33 s 125; 1971 ex.s. c 66 s 6. Formerly RCW 28A.13.045.]
Notes:
Finding—Intent—2023 c 436: See note following RCW 28A.300.690.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: District authority to contract with authorized entities—Contract requirements—Annual on-site visits—Notice to parents and guardians—Miscellaneous.


title: RCW 28A.155.070

text:
Special educational programs provided by the state and the school districts thereof for students with disabilities shall be extended to include students of preschool age. School districts shall be entitled to the regular apportionments from state and county school funds, as provided by law, and in addition to allocations from state excess cost funds made available for such special services for those students with disabilities who are given such special services.
[ 2007 c 115 s 9; (2007 c 115 s 8 expired September 1, 2009); 2006 c 269 s 3; 1995 c 77 s 13; 1971 ex.s. c 66 s 7; 1969 ex.s. c 223 s 28A.13.050. Prior: 1951 c 92 s 2; 1949 c 186 s 1; Rem. Supp. 1949 s 4901-3. Formerly RCW 28A.13.050, 28.13.050.]
Notes:
Effective date—2007 c 115 s 9: "Section 9 of this act takes effect September 1, 2009." [ 2007 c 115 s 17.]
Expiration date—2007 c 115 s 8: "Section 8 of this act expires September 1, 2009." [ 2007 c 115 s 16.]
Effective date—2006 c 269 s 3: "Section 3 of this act takes effect September 1, 2009." [ 2006 c 269 s 4.]
Finding—2006 c 269: See note following RCW 43.216.580.
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Services to students of preschool age with disabilities—Apportionment—Allocations from state excess cost funds.


title: RCW 28A.155.080

text:
Where a child with disabilities as defined in RCW 28A.155.020 has been denied the opportunity of a special educational program by a local school district there shall be a right of appeal by the parent or guardian of such child to the superintendent of public instruction pursuant to procedures established by the superintendent and in accordance with RCW 28A.155.090 and part B of the federal individuals with disabilities education improvement act.
[ 2007 c 115 s 10; 1995 c 77 s 14; 1990 c 33 s 126; 1971 ex.s. c 66 s 8. Formerly RCW 28A.13.060.]
Notes:
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Appeal from denial of educational program.


title: RCW 28A.155.090

text:
The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with disabilities, to:
(1) Assist school districts in the formation of programs to meet the needs of children with disabilities;
(2) Develop interdistrict cooperation programs for children with disabilities as authorized in RCW 28A.225.250;
(3) Provide, upon request, to parents or guardians of children with disabilities, information as to the special education programs for students with disabilities offered within the state;
(4) Assist, upon request, the parent or guardian of any child with disabilities in the placement of any child with disabilities who is eligible for but not receiving special educational services for children with disabilities;
(5) Approve school district and agency programs as being eligible for special excess cost financial aid to students with disabilities;
(6) Establish standards for authorizing, monitoring, and investigating private schools approved by the state board of education under RCW 28A.305.130, other private in-state entities, and any out-of-state entities, that contract with school districts under RCW 28A.155.060 to provide special education and related services to children with disabilities. The standards must ensure that any children with disabilities placed in authorized entities by school districts have the same rights, protections, and access to special education and related services that they would have if served by a school district;
(7) Consistent with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160, and part B of the federal individuals with disabilities education improvement act, administer administrative hearings and other procedures to ensure procedural safeguards of children with disabilities;
(8) Maintain an online record of all final decisions issued in response to special education community complaints. Each final decision must be available in an online format and accessible to the public at no charge for 20 years after the complaint is finalized. If, at [by] June 11, 2026, the office of the superintendent of public instruction does not have a historical record of community complaint decisions from the prior 20 years, it must provide an online record of all final decisions for the longest period of time available; and
(9) Promulgate such rules as are necessary to implement part B of the federal individuals with disabilities education improvement act or other federal law providing for special education services for children with disabilities and the several provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160 and to ensure appropriate access to and participation in the general education curriculum and participation in statewide assessments for all students with disabilities.
[ 2026 c 88 s 1; 2023 c 436 s 2; 2007 c 115 s 11; 1995 c 77 s 15; 1990 c 33 s 127; 1985 c 341 s 5; 1971 ex.s. c 66 s 9. Formerly RCW 28A.13.070.]
Notes:
Finding—Intent—2023 c 436: See note following RCW 28A.300.690.
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Superintendent of public instruction's duty and authority.


title: RCW 28A.155.100

text:
The superintendent of public instruction is hereby authorized and directed to establish appropriate sanctions to be applied to any school district of the state failing to comply with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.060 and 28A.155.080 through 28A.155.160 to be applied beginning upon the effective date thereof, which sanctions shall include withholding of any portion of state aid to such district until such time as compliance is assured.
[ 2007 c 115 s 12; 1990 c 33 s 128; 1971 ex.s. c 66 s 12. Formerly RCW 28A.13.080.]
Notes:
Severability—Effective date—1971 ex.s. c 66: See notes following RCW 28A.155.010.

catchline: Sanctions applied to noncomplying districts.


title: RCW 28A.155.105

text:
Unless the context clearly requires otherwise, the definitions in this section apply in RCW 28A.155.115.
(1) "Student" means a student who:
(a) Has a visual acuity of 20/200 or less in the better eye with conventional correction or having a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees;
(b) Is unable to read printed material at a competitive rate with facility due to functional visual impairment or lack of visual acuity; or
(c) Has a physical condition with a medical prognosis of a significant visual deterioration to the extent that (a) or (b) of this subsection could apply.
(2) "Braille" means the system of reading and writing through touch commonly known as standard English Braille.
[ 1996 c 135 s 2.]
Notes:
Findings—1996 c 135: "It is the goal of the legislature to encourage persons who are blind or visually impaired to participate fully in the social and economic life of the state and to engage in remunerative employment. The legislature finds that literacy is essential to the achievement of this goal. Furthermore, the legislature finds that literacy for most persons who are blind or visually impaired means the ability to read and write Braille with proficiency. The legislature sets as a further goal that students who are legally blind or visually impaired shall be given the opportunity to learn Braille in order to communicate effectively and efficiently." [ 1996 c 135 s 1.]

catchline: Braille instruction—Definitions.


title: RCW 28A.155.115

text:
(1) Each student shall be assessed individually to determine the appropriate learning media for the student including but not limited to Braille.
(2) No student may be denied the opportunity for instruction in Braille reading and writing solely because the student has some remaining vision.
(3) This section does not require the exclusive use of Braille if there are other special education services to meet the student's educational needs. The provision of special education or other services does not preclude Braille use or instruction.
(4) If a student's individualized learning media assessment indicates that Braille is an appropriate learning medium, instruction in Braille shall be provided as a part of such student's educational curriculum and if such student has an individualized education program, such instruction shall be provided as part of that program.
(5) If Braille will not be provided to a student, the reason for not incorporating it in the student's individualized education program shall be documented in writing and provided to the parent or guardian. If no individualized education program exists, such documentation, signed by the parent or guardian, shall be placed in the student's file.
[ 2007 c 115 s 13; 1996 c 135 s 3.]
Notes:
Findings—1996 c 135: See note following RCW 28A.155.105.

catchline: Braille instruction—Assessment—Provision in student's curriculum.


title: RCW 28A.155.140

text:
School districts may use curriculum-based assessment procedures as measures for developing academic early intervening services, as defined under part B of the federal individuals with disabilities education improvement act, and curriculum planning: PROVIDED, That the use of curriculum-based assessment procedures shall not deny a student the right to use of other assessments to determine eligibility or participation in special education programs as provided by RCW 28A.155.010 through 28A.155.160.
[ 2007 c 115 s 14; 1991 c 116 s 4; 1990 c 33 s 131; 1987 c 398 s 1. Formerly RCW 28A.03.367.]

catchline: Curriculum-based assessment procedures for early intervening services.