OSPI Rulemaking Activity
Rule making is the process by which a state agency makes changes to the Washington Administrative Code (WAC). The tables below detail current rule making activity by OSPI concerning Title 392 WAC.
CR 101 Preproposal Statement of Inquiry
| WAC Chapter | Description | Filing Date | WA Register | Agency Contact |
|---|---|---|---|---|
| 392-(new sections-tbd) |
Institutional Education: OSPI is considering rule making based on HB 1295 (2021) which directs OSPI to establish requirements concerning education and supports for youth in or recently exiting the juvenile justice system. Academic progress toward grade-level progression and high school graduation are particularly critical for students within the juvenile justice system, including those entering, transitioning between facilities, and post-resident youth, in making life-changing transformations for the future. |
08/24/2022 | 22-17-158 | Emmelia Wargacki |
| 392-121-436; 392-121-438; 392-121-443 |
Apportionment Advances: OSPI is considering rulemaking to extend the apportionment advance request and payout periods for school districts and charter schools, and to establish requirements for repayment assurance and apportionment advance repayment schedules for funds received. As a result of enrollment declines, expiring access to federal COVID relief, unanticipated rise in uncontrollable costs, and other unforeseen events, many districts have experienced unprecedented financial difficulties. Extending the apportionment request, payout, and repayment periods would allow districts to access funds that are essential for the continuity of operations, maintenance, and other education services. |
05/30/2024 | 24-12-038 | T.J. Kelly |
| 392-121; 392-122; 392-425 (new sections-tbd) |
Transition to Kindergarten: In alignment with Second Substitute House Bill 1550, passed by the Washington State Legislature in 2023, OSPI is considering rulemaking concerning transition to kindergarten programs. The proposed rules would provide for program administration, allocation of state funding, and minimum standards and requirements for transition to kindergarten programs. In addition, technical changes to apportionment sections may be considered. |
10/26/2023 | 23-22-073 | Samantha Bowen |
| 392-123 |
District Budgeting (Binding Conditions): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, OSPI is considering rulemaking to implement an exemption for school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130. |
06/17/2024 | 24-18-084 | T.J. Kelly |
| 392-123-120 |
Statement of Financial Condition (Binding Conditions): OSPI is considering rulemaking to allow for potential binding conditions to be placed upon a school district or a charter school when the board of directors of a school district or a charter school board provides the superintendent of public instruction with an annual statement of financial condition (i.e., state Form F-196), and the reported information shows that a deficient general fund balance is reasonably foreseeable and likely. The rule amendments would allow the superintendent to hold school districts and charter schools that have an actual year-end negative fund balance to the same state monitoring and oversight process as the school districts and charter schools that have a budgeted negative year-end fund balance, because an actual negative year-end fund balance is a greater indicator of financial insolvency than a projected negative year-end fund balance. |
08/08/2024 | 24-17-010 | Paul Stone |
| 392-123-140 |
Interfund Loans: The purpose of this amended WAC is to allow school districts in binding conditions to loan money from their transportation vehicle fund (TVF) to their general fund in order to maintain a positive cash flow in their general fund. When other binding condition efforts fail to resolve the district’s financial issues and insolvency is imminent, and to ensure that the district will have a positive cash flow to meet obligations, they need to be able to borrow from the TVF. |
05/27/2025 | 25-12-032 | Shawn Lewis |
| 392-136; 392-136A |
Shared Leave and Sick Leave Cashout: OSPI is considering rulemaking to reflect changes under HB 2739 (2020) in order to align shared leave provisions for school district and educational service district employees with those for state employees. Additionally, potential rule changes to the employee attendance incentive program for school district and educational service district employees will be reviewed to ensure consistency with that for state employees. |
12/06/2023 | 23-24-098 | T.J. Kelly |
| 392-142 |
Student Transportation: OSPI is considering rule making related to Substitute House Bill 1644 (2022) which included language to expand the allowable use of the transportation vehicle fund. In addition, technical revisions may be considered. |
06/01/2022 | 22-12-087 | Patti Enbody |
| 392-157-125 |
Child Nutrition (20-min Seated Lunchtime): The Office of the Superintendent of Public Instruction is considering revising chapter 392-157-125 WAC to better align with State Auditor performance audit results, leading research, and national best practices by requiring a minimum seated lunchtime of twenty (20) minutes in K-12 public schools. |
08/01/2024 | 24-16-089 | Leanne Eko |
| 392-169, 392-121-123, 392-121-136 |
Running Start: OSPI is considering rule making concerning running start in alignment with Second Substitute House Bill 1316 (2023). In addition, technical changes to rule sections may be considered. |
12/19/2023 | 24-01-118 | Tim McClain |
| 392-170 |
Highly Capable: OSPI is considering rule making, based on SB 5072 passed by the Washington State Legislature in 2023, concerning universal screening to identify students needing highly capable services, including focusing on equitable identification of low-income and underserved students. |
05/25/2023 | 23-12-018 | Jody Hess |
| 392-172A-05135 |
Special Education (Transfer of Rights): OSPI is considering rulemaking to update and replace the statutory references to chapter 11.88 RCW (repealed under ESSB 6287 (2020)) with chapter 11.130 RCW under WAC 392-172A-05135. |
02/26/2024 | 24-06-012 | Darryl Colman |
| 392-190 |
Equal Education Opportunity and Nondiscrimination: In accordance with RCW 28A.640.010 and 28A.642.010, discrimination in Washington K–12 public schools on the basis of sex; race; creed; religion; color, national origin; honorably discharged veteran or military status; sexual orientation; gender identity; gender expression; the presence of any sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a person with a disability is prohibited. RCW 28A.640.020 and 28A.642.020 require OSPI to develop rules and guidelines to eliminate discrimination as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students. These rules are found in Chapter 392-190 WAC. OSPI is considering revising Chapter 392-190 WAC to (1) clarify civil rights requirements and procedures for responding to complaints of discrimination in public schools; (2) improve procedures for OSPI monitoring and enforcement, including specialized provisions for emergency situations involving ongoing discriminatory actions; (3) align rules with new statutory requirements regarding nondiscrimination requirements, and (4) clarify requirements for nondiscrimination previously addressed in guidelines. OSPI anticipates a revision of the nondiscrimination rules will, among other things, (1) clarify procedures for responding to discrimination complaints; (2) eliminate problems of interpretation and problems of practice by increasing the clarity of rule language; (3) encourage public schools to address issues of discrimination with transparency and accountability; and (4) provide students, parents, employees, and community members better access to information about their rights and processes to addressing concerns about equal access and discrimination. |
04/21/2025 | 25-09-104 | Sarah Albertson |
| 392-190; 392-400; 392-401 |
Student Discipline: OSPI is considering rulemaking in the area of student discipline to include changes made in the emergency rules and any other sections that need to be clarified or updated to ensure definitions and requirements relevant to student discipline are in alignment with current law. Revisions are intended to ensure required data and reporting requirements are manageable for each level of the system (i.e., classroom, school, district, state, etc.) and discipline guidance is consistent with professional standards for maintaining safe, optimal learning environments for all students that further OSPI's commitment to reducing disproportionate exclusionary practices. |
10/22/2024 | 24-21-142 | Briana Kelly |
| 392-190; 392-400; 392-401 |
Emergency Expulsion to Emergency Removal: OSPI is considering rulemaking to replace the term “emergency expulsion” with the term “emergency removal” in the context of student discipline. Legislative mandates under House Bill 1207 (2023) formalize these changes under Chapters 28A.300 and 28A.600 of the Revised Code of Washington, and rulemaking will allow for consistent use of terminology under the Washington Administrative Code. |
12/06/2023 | 23-24-097 | Briana Kelly |
| 392-194-002 |
Educator Certification Application – Late Fees: In an effort to improve the current processing system for educator certification applications in Washington state, OSPI is working with PESB to implement a new application deadline system that requires renewal certification applications to be submitted six months in advance of the certification expiration date. To enforce this change, OSPI is considering rulemaking to make effective starting in the 2030 renewal cycle a late fee for educators who submit applications after their respective certification application deadlines have passed. |
08/13/2024 | 24-17-040 | Timothy York |
| 392-343 |
School Construction Assistance Program (SCAP): WAC 392-343-060: The current process to determination the construction cost allocation has not permitted the Superintendent to adjust the construction cost allocation to reflect actual market rate of construction and modernizing a school. The proposed update will allow the Superintendent to set the construction cost allocation to reflect current market conditions. |
11/13/2023 | 23-23-075 | Scott Black |
| 392-410-350 |
Seal of Biliteracy: OSPI is considering rulemaking concerning the Seal of Biliteracy (the Seal) to align with HB 1228 (2024), recognize additional proficiency scales, and create multiple levels of the Seal. This would put Washington state on par with other states, which have multi-tiered Seal programs. Currently, the proficiency level to earn the Seal is ACTFL Intermediate Mid. With Dual Language Education programs producing students with higher levels of proficiency, a multi-level Seal would motivate students to continue language learning beyond Intermediate Mid. A multi-tiered Seal would also encourage students to take additional languages after the requirements for the first language are met. |
08/28/2024 | 24-18-056 | Veronica Trapani-Huebner |
| 392-410-350 |
Seal of Biliteracy: OSPI is considering rulemaking concerning the Seal of Biliteracy to establish multiple levels of the Seal. Currently, the proficiency level to earn the Seal is ACTFL Intermediate Mid. With Dual Language Education programs producing students with higher levels of proficiency, a multi-level Seal can encourage students to continue with language learning beyond the Intermediate Mid level. Note: OSPI rescinded this CR-101 filing (WSR 23-08-078) in order to file an updated CR-101 (WSR 24-18-056), which includes changes to the reasons for the seal of biliteracy rule revisions that align with legislative directives under HB 1228 (2024). |
04/04/2023 | 23-08-078 | Veronica Trapani-Huebner |
| 392-700-165 |
Open Doors Youth Reengagement: OSPI is considering rule updates to examine apportionment distribution practices within Open Doors Youth Reengagement relating to apportionment retention between providers and school districts. Open Doors partnering providers have requested OSPI to reexamine and possibly revise long-standing rules. Some have shared concern that universal or minimum distribution rates of apportionment funding inhibit partnership between provider types and districts. The purpose of this rulemaking is to address concerns raised by partnering providers, which include the need to reexamine and potentially revise long-standing rules to enhance collaboration between provider types and districts. Specifically, the rulemaking aims to improve funding distribution. |
11/19/2024 | 24-23-079 | Mandy Paradise |
| 392-725 |
College in the High School: OSPI is considering rule making concerning College in the High School in alignment with Second Substitute Bill 5048 (2023) and additional changes to the chapter as needed. |
12/19/2023 | 24-01-117 | Tim McClain |
| Chapter 392-122 WAC (new section(s)-tbd) |
Staffing Increase: In alignment with SSSB 5882 (2024), passed by the Washington State Legislature in 2024, OSPI is considering rulemaking to establish requirements for school districts to utilize allocated funding for the 2024-2025 school year to support paraeducators, office support, and noninstructional aides. Additionally, consistent with legislative directive to collect data on the use of allocations, the rules would require local education agencies to provide reports that detail the uses of the allocations. |
09/17/2024 | 24-19-077 | T.J. Kelly |
To view proposed text visit the Washington State Register website. You will need the WSR# indicated in the CR 102 table below.
CR 102 Proposed Rulemaking – Public Hearing Scheduled
| WAC Chapter | Description | Filing Date | WA Register | Agency Contact |
|---|---|---|---|---|
| 392-121-436; 392-121-438; 392-121-443 |
Apportionment Advances: OSPI is proposing rulemaking to extend the apportionment advance request and payout periods for school districts and charter schools, and to establish requirements for repayment assurance and apportionment advance repayment schedules for funds received. As a result of enrollment declines, expiring access to federal COVID relief, unanticipated rise in uncontrollable costs, and other unforeseen events, many districts have experienced unprecedented financial difficulties. Extending the apportionment request, payout, and repayment periods would allow districts to access funds that are essential for the continuity of operations, maintenance, and other education services. Written comments are due by 5:00 pm on October 15, 2024. The public hearing will be held on Tuesday, October 15, 2024, at 11:30 a.m. via Zoom. |
08/12/2024 | 24-17-031 | T.J. Kelly |
| 392-121; 392-122; 392-425 |
Transition to Kindergarten: In alignment with Second Substitute House Bill 1550, passed by the Washington State Legislature in 2023, OSPI is proposing rulemaking concerning transition to kindergarten programs. The proposed rules would provide for program administration, allocation of state funding, and minimum standards and requirements for transition to kindergarten programs. In addition, technical changes to apportionment sections may be considered. Written comments are due by 5:00 pm on May 21, 2024. Register for the public hearing May 21, 2024, at 11:00 am via Zoom. |
04/10/2024 | 24-09-026 | Samantha Bowen |
| 392-123 |
District Budgeting (Binding Conditions): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, OSPI is proposing rulemaking to implement an exemption for school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules would allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130. Written comments are due by 5:00 pm on October 10, 2024. The public hearing will be held on Thursday, October 10, 2024, at 10:00 a.m. via Zoom. |
08/12/2024 | 24-17-029 | T.J. Kelly |
| 392-123-120 |
Statement of Financial Condition (Binding Conditions): OSPI is proposing rulemaking to allow for potential binding conditions to be placed upon a school district or a charter school when the board of directors of a school district or a charter school board provides the superintendent of public instruction with an annual statement of financial condition (i.e., state Form F-196), and the reported information shows that a deficient general fund balance is reasonably foreseeable and likely. The rule amendments would allow the superintendent to hold school districts and charter schools that have an actual year-end negative fund balance to the same state monitoring and oversight process as the school districts and charter schools that have a budgeted negative year-end fund balance, because an actual negative year-end fund balance is a greater indicator of financial insolvency than a projected negative year-end fund balance. The public hearing will be held on Wednesday, December 11, 2024, at 10:00 a.m. via Zoom. Written comments are due by 5:00 pm on December 11, 2024. |
10/01/2024 | 24-20-119 | Paul Stone |
| 392-136; 392-136A |
Shared Leave and Sick Leave Cashout: OSPI is proposing rulemaking to reflect changes under HB 2739 (2020) in order to align shared leave provisions for school district and educational service district employees with those for state employees. Additionally, potential rule changes to the employee attendance incentive program for school district and educational service district employees will be reviewed to ensure consistency with those for state employees. Written comments are due by 5:00 pm on October 9, 2024. The public hearing will be held on Wednesday, October 9, 2024, at 11:00 a.m. via Zoom. |
08/12/2024 | 24-17-030 | T.J. Kelly |
| 392-157-125 |
Child Nutrition (20-min Seated Lunchtime): The Office of the Superintendent of Public Instruction is proposing to revise chapter 392-157-125 WAC to better align with State Auditor performance audit results, leading research, and national best practices by requiring a minimum seated lunchtime of twenty (20) minutes in K-12 public schools. The public hearing will be held on Tuesday, January 14, 2025, at 11:00 a.m. via Zoom. Written comments are due by 5:00 p.m. on January 14, 2025. |
10/30/2024 | 24-22-075 | Leanne Eko |
| 392-172A-05135 |
Special Education (Transfer of Rights): OSPI is proposing rulemaking to replace the statutory references to chapter 11.88 RCW, which has been repealed under ESSB 6287 (2020), with chapter 11.130 RCW under WAC 392-172A-05135. The proposed rule amendment ensures updated and consistent references to the Revised Code of Washington. The public hearing will be held on Tuesday, September 24, 2024, at 10:00 a.m. via Zoom. Written comments are due by 5:00 pm on September 24, 2024. |
08/08/2024 | 24-17-014 | Darryl Colman |
| 392-190; 392-400; 392-401 |
Student Discipline: OSPI is proposing rulemaking in the area of student discipline to include changes made in the emergency rules and any other sections that need to be clarified or updated to ensure definitions and requirements relevant to student discipline are in alignment with current law. Revisions are intended to ensure required data and reporting requirements are manageable for each level of the system (i.e., classroom, school, district, state, etc.) and discipline guidance is consistent with professional standards for maintaining safe, optimal learning environments for all students that further OSPI's commitment to reducing disproportionate exclusionary practices. The public hearing will be held on Tuesday, March 4, 2025, at 10:00 a.m. via Zoom. (See WSR 25-03-097) Additionally, the CR-102 continuance (see WSR 25-06-029) adds four (4) in-person hearings, which will be held on the following dates. No prior registration for the in-person hearings is required. Please sign in on the sign-in sheet on the day of the hearing, and indicate whether you would like to testify.:
Written comments are due by 11:59 p.m. on Wednesday, March 19, 2025, to StudentDiscipline@k12.wa.us. Please visit OSPI's Student Discipline webpage for additional resources, including bulletins and guidance: https://ospi.k12.wa.us/student-success/support-programs/student-discipline. |
01/17/2025 | 25-03-097 | Briana Kelly |
| 392-190; 392-400; 392-401 |
Student Discipline (CR-102 Continuance): OSPI is proposing rulemaking in the area of student discipline to include changes made in the emergency rules and any other sections that need to be clarified or updated to ensure definitions and requirements relevant to student discipline are in alignment with current law. Revisions are intended to ensure required data and reporting requirements are manageable for each level of the system (i.e., classroom, school, district, state, etc.) and discipline guidance is consistent with professional standards for maintaining safe, optimal learning environments for all students that further OSPI's commitment to reducing disproportionate exclusionary practices. A virtual public hearing will be held via Zoom on Tuesday, March 4, 2025, at 10:00 a.m. (see WSR 25-03-097). The CR-102 continuance (WSR 25-06-029) adds four (4) in-person hearings, which will be held on the following dates. No prior registration for the in-person hearings is required. Please sign in on the sign-in sheet on the day of the hearing, and indicate whether you would like to testify.:
Written comments are due by 11:59 p.m. on Wednesday, March 19, 2025, to StudentDiscipline@k12.wa.us. Please visit OSPI's Student Discipline webpage for additional resources, including bulletins and guidance: https://ospi.k12.wa.us/student-success/support-programs/student-discipline.
|
02/25/2025 | 25-06-029 | Briana Kelly |
| 392-194-002 |
Educator Certification Application – Late Fees: In an effort to improve the current processing system for educator certification applications in Washington state, OSPI is working with PESB to implement a new application deadline system that requires renewal certification applications to be submitted six months in advance of the certification expiration date. To enforce this change, OSPI is proposing rulemaking to make effective starting in the 2030 renewal cycle a late fee for educators who submit applications after their respective certification application deadlines have passed. The public hearing will be held on Tuesday, January 7, 2025, via Zoom. Written comments are due by 5:00 pm on January 7, 2025. |
11/25/2024 | 24-24-040 | Timothy York |
| 392-410-350 |
Seal of Biliteracy: OSPI is proposing rulemaking concerning the Seal of Biliteracy (the Seal) to align with HB 1228 (2024), recognize additional proficiency scales, and create multiple levels of the Seal. This would put Washington state on par with other states, which have multi-tiered Seal programs. Currently, the proficiency level to earn the Seal is ACTFL Intermediate Mid. With Dual Language Education programs producing students with higher levels of proficiency, a multi-level Seal would motivate students to continue language learning beyond Intermediate Mid. A multi-tiered Seal would also encourage students to take additional languages after the requirements for the first language are met. The public hearing will be held on Tuesday, April 29, 2025, at 11:00 a.m. via Zoom. Written comments are due by 5:00 p.m. on Tuesday, April 29, 2025, to MultilingualEd@k12.wa.us. |
03/10/2025 | 25-07-022 | Kristin Percy Calaff |
| WAC 392-122-305 (new section) |
Paraeducator, Office Aide, and Noninstructional Aide Staffing Increase: In alignment with SSSB 5882 (2024), passed by the Washington State Legislature in 2024, OSPI is proposing rulemaking to establish requirements for school districts to utilize allocated funding for the 2024-2025 school year to support paraeducators, office support, and noninstructional aides. Additionally, consistent with legislative directive to collect data on the use of allocations, the rules would require local education agencies to provide reports that detail the uses of the allocations. The public hearing will be held on Thursday, April 10, 2025, at 10:00 a.m. via Zoom. Written comments are due by 5:00 p.m. on April 10, 2025. |
02/11/2025 | 25-05-033 | T.J. Kelly |
CR 103P Adopted Rules (Permanent)
| WAC Chapter | Description | Filing Date | WA Register | Agency Contact |
|---|---|---|---|---|
| 392-107 |
Educational Service District (ESD) Board of Directors: OSPI repealed chapter 392-107 WAC since HB 1974 (2022) moved election administration for ESD boards of directors to the Washington State School Directors’ Association (WSSDA). As WSSDA is now responsible for the administration of these elections and establishing related procedures, the rules under chapter 392-107 WAC were no longer valid. |
11/09/2022 | 22-23-060 | Kristin Murphy |
| 392-109 |
State Board of Education (SBE) Elected Members: OSPI repealed chapter 392-109 WAC since HB 1974 (2022) moved election administration for elected members of the SBE to the Washington State School Directors’ Association (WSSDA). As WSSDA is now responsible for the administration of these elections and establishing related procedures, the rules under chapter 392-109 WAC were no longer valid. |
11/09/2022 | 22-23-061 | Kristin Murphy |
| 392-121 and 392-169 |
Running Start for Summer Term: Amendments to chapters 392-121 and 392-169 WAC concerning summer running start. As directed by ESSB 5693 Section 504 (18), the rules fund participating student's enrollment in running start courses during the summer term. Effective July 1, 2023. (Please note these rule changes are related to the 2022 budget proviso. Rulemaking related to 2SHB 1316 passed by the legislature in 2023 will occur under its own rules process.) |
06/16/2023 | 23-13-089 | Becky McLean |
| 392-121-436; 392-121-438; 392-121-443 |
Apportionment Advances: OSPI is adopting rulemaking to extend the apportionment advance request and payout periods for school districts and charter schools, and to establish requirements for repayment assurance and apportionment advance repayment schedules for funds received. As a result of enrollment declines, expiring access to federal COVID relief, unanticipated rise in uncontrollable costs, and other unforeseen events, many districts have experienced unprecedented financial difficulties. Extending the apportionment request, payout, and repayment periods would allow districts to access funds that are essential for the continuity of operations, maintenance, and other education services. |
10/28/2024 | 24-22-051 | T.J. Kelly |
| 392-121; 392-122; 392-425 |
Transition to Kindergarten: In alignment with Second Substitute House Bill 1550, passed by the Washington State Legislature in 2023, OSPI is adopting rules concerning transition to kindergarten programs. The rule revisions provide for program administration, allocation of state funding, and minimum standards and requirements for transition to kindergarten programs. In addition, technical changes to apportionment sections have been incorporated. Note: The permanent rules become effective on Monday, July 29, 2024. Any previous emergency rules that were in place will no longer be in effect on Monday, July 29, 2024. |
06/28/2024 | 24-14-074 | Samantha Bowen |
| 392-122-305 (new section) |
Staffing Increase: In alignment with SSSB 5882 (2024), passed by the Washington State Legislature in 2024, OSPI is adopting rulemaking to establish requirements for school districts to utilize allocated funding for the 2024-2025 school year to support paraeducators, office support, and noninstructional aides. Additionally, consistent with legislative directive to collect data on the use of allocations, the rules would require local education agencies to provide reports that detail the uses of the allocations. |
05/07/2025 | 25-10-102 | T.J. Kelly |
| 392-122-430 thru -455 |
Finance – Physical, Social, Emotional Support Staff (PSES): Added new sections concerning compliance rules and calculations for provisions in SSHB 1664 (2022) and the 2022 supplemental budget (ESSB 5693) related to physical, social, and emotional support in schools. The legislation provided for increased funding allocations for physical, social, and emotional support through the prototypical school funding model beginning with the 2022-23 school year. The new rules ensure that local education agencies receive an allocation for basic education that is in alignment with the state budget. |
11/30/2022 | 22-24-029 | T.J. Kelly |
| 392-123 |
District Budgeting (Binding Conditions): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, OSPI is adopting rulemaking to implement an exemption for school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules would allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130. |
10/28/2024 | 24-22-049 | T.J. Kelly |
| 392-123-120 |
Statement of Financial Condition (Binding Conditions): OSPI is adopting rulemaking to allow for potential binding conditions to be placed upon a school district or a charter school when the board of directors of a school district or a charter school board provides the superintendent of public instruction with an annual statement of financial condition (i.e., state Form F-196), and the reported information shows that a deficient general fund balance is reasonably foreseeable and likely. The rule amendments would allow the superintendent to hold school districts and charter schools that have an actual year-end negative fund balance to the same state monitoring and oversight process as the school districts and charter schools that have a budgeted negative year-end fund balance, because an actual negative year-end fund balance is a greater indicator of financial insolvency than a projected negative year-end fund balance. |
01/15/2025 | 25-03-078 | Paul Stone |
| 392-136; 392-136A |
Shared Leave and Sick Leave Cashout: OSPI is adopting rulemaking to reflect changes under HB 2739 (2020) in order to align shared leave provisions for school district and educational service district employees with those for state employees. Additionally, rule changes to the employee attendance incentive program for school district and educational service district employees will be adopted to ensure consistency with those for state employees. |
10/28/2024 | 24-22-050 | T.J. Kelly |
| 392-136A |
Finance/Shared Leave: Shared leave statutes were amended by the Washington State Legislature (HB 2739 (2020)). OSPI amended the shared leave rules in chapter 392-136A WAC to align with current language in RCW 41.04.650 through 41.04.671 and articulate changes to the shared leave statutes as applicable to school district staff and educational service district staff. |
02/14/2023 | 23-05-082 | T.J. Kelly |
| 392-157-125 |
Child Nutrition (20-min Lunchtime): The Office of the Superintendent of Public Instruction is adopting revisions to chapter 392-157-125 WAC to better align with State Auditor performance audit results, leading research, and national best practices by requiring a minimum lunchtime of twenty (20) minutes in K-12 public schools. |
04/24/2025 | 25-10-005 | Leanne Eko |
| 392-162-100 and -115 |
Learning Assistance Program (LAP): Repeals WAC 392-162-100 and 392-162-115 to eliminate redundancies in language that already exists in statute and guidance. |
11/30/2022 | 22-24-030 | Annie Pennell |
| 392-172A-05135 |
Special Education (Transfer of Rights): OSPI is adopting rulemaking to replace the statutory references to chapter 11.88 RCW, which has been repealed under ESSB 6287 (2020), with chapter 11.130 RCW under WAC 392-172A-05135. The proposed rule amendment ensures updated and consistent references to the Revised Code of Washington. |
12/17/2024 | 25-01-132 | Darryl Colman |
| 392-191A-160 & -190 |
Teacher and Principal Evaluation Program (TPEP): In collaboration with the TPEP Steering Committee, OSPI adopted changes concerning timing for principal/assistant principal evaluations to ensure these are completed in a manner or on a timeline that allows a principal/assistant principal to receive timely feedback, to improve their practice, or to seek another position based on their employment status. Changes effective on August 1, 2023. |
01/20/2023 | 23-04-012 | Katie Taylor |
| 392-194-002 |
Educator Certification Application – Late Fees: In an effort to improve the current processing system for educator certification applications in Washington state, OSPI is working with PESB to implement a new application deadline system that requires renewal certification applications to be submitted six months in advance of the certification expiration date. To enforce this change, OSPI is adopting rulemaking to make effective starting in the 2030 renewal cycle a late fee for educators who submit applications after their respective certification application deadlines have passed. |
01/16/2025 | 25-03-085 | Timothy York |
| 392-210 |
Honors Awards Program: Amends the process and procedures for the program, including updates to the process by which students are identified as being eligible for the Award, expanded testing and assessment options to be considered for qualification of the Award, and updates processes concerning notifications and award certificates. Repeals sections which are already identified in RCW or WAC. |
11/30/2022 | 22-24-031 | Tony May |
| 392-410 and 392-121 |
Elective Credit for Paid Work Experience: In alignment with Substitute House Bill 1658 (2023), the new and amended rules provide for consistent implementation of elective high school credit for paid work experience. The rules clarify definitions and provide for consistent application of funding calculations and reporting requirements. The rules are intended to ensure that local education agencies increase access to elective credit for paid work experiences in an equitable way, honoring the value of work. |
07/31/2023 | 23-16-093 | Becky Wallace |
CR 103E Emergency Adoption
| WAC Chapter | Description | Filing Date | WA Register | Agency Contact |
|---|---|---|---|---|
| 392-121-436; 392-121-438; 392-121-443 |
Apportionment Advances (emergency rules): The purpose of this emergency rulemaking is to extend the apportionment advance request and payout periods for school districts and charter schools, and to establish requirements for repayment assurance and apportionment advance repayment schedules for funds received. As a result of enrollment declines, expiring access to federal COVID relief, unanticipated rise in uncontrollable costs, and other unforeseen events, many districts have experienced unprecedented financial difficulties. Extending the apportionment request, payout, and repayment periods would allow districts to access funds that are essential for the continuity of operations, maintenance, and other education services. This is a renewal of emergency rules as OSPI continues to conduct permanent rulemaking. Note: The permanent rules become effective on Thursday, November 28, 2024. Any previous emergency rules that were in place will no longer be in effect on Thursday, November 28, 2024. |
08/15/2024 | 24-17-055 | T.J. Kelly |
| 392-121-436; 392-121-438; 392-121-443 |
Apportionment Advances (emergency rules): The purpose of this emergency rulemaking is to extend the apportionment advance request and payout periods for school districts and charter schools, and to establish requirements for repayment assurance and apportionment advance repayment schedules for funds received. As a result of enrollment declines, expiring access to federal COVID relief, unanticipated rise in uncontrollable costs, and other unforeseen events, many districts have experienced unprecedented financial difficulties. Extending the apportionment request, payout, and repayment periods would allow districts to access funds that are essential for the continuity of operations, maintenance, and other education services. |
04/18/2024 | 24-10-006 | T.J. Kelly |
| 392-121; 392-122; 392-425 (new sections-tbd) |
Transition to Kindergarten (emergency rules): In alignment with SHB 1550, passed by the Washington State Legislature in 2023, the emergency rules establish the transition to kindergarten program. The rules provide for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program for the 2023-2024 school year. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking concerning transition to kindergarten programs. The permanent rules are anticipated to be effective by the 2024-2025 school year. Note: The permanent rules become effective on Monday, July 29, 2024. Any previous emergency rules that were in place will no longer be in effect on Monday, July 29, 2024. |
07/22/2024 | 24-15-101 | Samantha Bowen |
| 392-121; 392-122; 392-425 (new sections-tbd) |
Transition to Kindergarten (emergency rules): In alignment with SHB 1550, passed by the Washington State Legislature in 2023, the emergency rules establish the transition to kindergarten program. The rules provide for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program for the 2023-2024 school year. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking concerning transition to kindergarten programs. The permanent rules are anticipated to be effective by the 2024-2025 school year. |
11/27/2023 | 23-24-004 | Samantha Bowen |
| 392-121; 392-122; 392-425 (new sections-tbd) |
Transition to Kindergarten (emergency rules): In alignment with SHB 1550, passed by the Washington State Legislature in 2023, the emergency rules establish the transition to kindergarten program. The rules provide for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program for the 2023-2024 school year. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking concerning transition to kindergarten programs. The permanent rules are anticipated to be effective by the 2024-2025 school year. |
03/25/2024 | 24-08-020 | Samantha Bowen |
| 392-123 |
District Budgeting (Binding Conditions) (emergency rules): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, the emergency rules exempt school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130. Note: The permanent rules become effective on Thursday, November 28, 2024. Any previous emergency rules that were in place will no longer be in effect on Thursday, November 28, 2024. |
11/08/2024 | 24-23-008 | T.J. Kelly |
| 392-123 |
District Budgeting (Binding Conditions) (emergency rules): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, the emergency rules exempt school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130. |
03/18/2024 | 24-07-078 | T.J. Kelly |
| 392-123 |
District Budgeting (Binding Conditions) (emergency rules): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, the emergency rules exempt school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130. |
07/15/2024 | 24-15-046 | T.J. Kelly |
| 392-123-140 |
Interfund Loans (emergency rules): The purpose of this amended WAC is to allow school districts in binding conditions to loan money from their transportation vehicle fund (TVF) to their general fund in order to maintain a positive cash flow in their general fund. When other binding condition efforts fail to resolve the district’s financial issues and insolvency is imminent, and to ensure that the district will have a positive cash flow to meet obligations, they need to be able to borrow from the TVF. |
05/27/2025 | 25-12-030 | Shawn Lewis |
| 392-169, 392-121-123, 392-121-136 |
Running Start (emergency rules): Amends rules in alignment with HB 1316 (2023) to provide for funding, reporting, and administration of participating student’s enrollment in Running Start courses. OSPI will also conduct permanent rulemaking concerning Running Start. |
09/13/2023 | 23-19-033 | Becky McLean |
| 392-169, 392-121-123, 392-121-136 |
Running Start (emergency rules): The purpose of this emergency rulemaking is to expand access to running start in alignment with HB 1316 (2023). The rules provide for funding, reporting, and administration of participating student’s enrollment in running start courses. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
01/02/2025 | 25-02-125 | Tim McClain |
| 392-169, 392-121-123, 392-121-136 |
Running Start (emergency rules): The purpose of this emergency rulemaking is to expand access to running start in alignment with HB 1316 (2023). The rules provide for funding, reporting, and administration of participating student’s enrollment in running start courses. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
01/10/2024 | 24-03-047 | Tim McClain |
| 392-169, 392-121-123, 392-121-136 |
Running Start (emergency rules): The purpose of this emergency rulemaking is to expand access to running start in alignment with HB 1316 (2023). The rules provide for funding, reporting, and administration of participating student’s enrollment in running start courses. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
05/02/2025 | 25-10-058 | Tim McClain |
| 392-169, 392-121-123, 392-121-136 |
Running Start (emergency rules): The purpose of this emergency rulemaking is to expand access to running start in alignment with HB 1316 (2023). The rules provide for funding, reporting, and administration of participating student’s enrollment in running start courses. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
05/08/2024 | 24-11-034 | Tim McClain |
| 392-169; 392-121 |
Running Start (emergency rules): The purpose of this emergency rulemaking is to expand access to running start in alignment with HB 1316 (2023). The rules provide for funding, reporting, and administration of participating student’s enrollment in running start courses. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
09/04/2024 | 24-18-113 | Tim McClain |
| 392-190; 392-400; 392-401 |
Student Discipline (emergency rules): OSPI is adopting emergency rulemaking in the area of student discipline with revisions that are intended to: (1) update statutory definitions of discipline that are in alignment with current law; (2) require school boards to establish policies for reporting and notification when classroom exclusions occur; (3) clarify the scope of authority for teachers when administering classroom exclusions; (4) make evident the standards and procedures that educators must follow to maintain an optimal learning environment for all students; (5) promote the involvement of families as integral partners in helping students to be successful, and (6) ensure manageable data and reporting requirements from each level of the system, where applicable (i.e., classroom, school, district, state, etc.). Adopting these rule updates before the beginning of the 2024-2025 school year would allow these critical changes involving the health and safety of both students and educators to take effect immediately. Note: On September 20, 2024, OSPI rescinded this CR-103E filing (WSR 24-17-119) in order to file an updated CR-103E (WSR 24-20-021), which includes language updates to the emergency rules regarding student discipline. |
08/19/2024 | 24-17-119 | Anna Marie Dufault |
| 392-190; 392-400; 392-401 |
Student Discipline (emergency rules - updated): OSPI is adopting emergency rulemaking in the area of student discipline with revisions that are intended to: (1) update statutory definitions of discipline that are in alignment with current law; (2) require school boards to establish policies for reporting and notification when classroom exclusions occur; (3) clarify the scope of authority for teachers when administering classroom exclusions; (4) make evident the standards and procedures that educators must follow to maintain an optimal learning environment for all students; (5) promote the involvement of families as integral partners in helping students to be successful, and (6) ensure manageable data and reporting requirements from each level of the system, where applicable (i.e., classroom, school, district, state, etc.). Adopting these rule updates before the beginning of the 2024-2025 school year would allow these critical changes involving the health and safety of both students and educators to take effect immediately. |
09/20/2024 | 24-20-021 | Anna Marie Dufault |
| 392-190; 392-400; 392-401 |
Student Discipline (renewal of emergency rules): OSPI is adopting emergency rulemaking in the area of student discipline with revisions that are intended to: (1) update statutory definitions of discipline that are in alignment with current law; (2) require school boards to establish policies for reporting and notification when classroom exclusions occur; (3) clarify the scope of authority for teachers when administering classroom exclusions; (4) make evident the standards and procedures that educators must follow to maintain an optimal learning environment for all students; (5) promote the involvement of families as integral partners in helping students to be successful, and (6) ensure manageable data and reporting requirements from each level of the system, where applicable (i.e., classroom, school, district, state, etc.). Adopting these rule updates before the beginning of the 2024-2025 school year would allow these critical changes involving the health and safety of both students and educators to take effect immediately. This is a renewal of emergency rules as OSPI continues to conduct permanent rulemaking. |
01/17/2025 | 25-03-099 | Briana Kelly |
| 392-190; 392-400; 392-401 |
Student Discipline (renewal of emergency rules): OSPI is adopting emergency rulemaking in the area of student discipline with revisions that are intended to: (1) update statutory definitions of discipline that are in alignment with current law; (2) require school boards to establish policies for reporting and notification when classroom exclusions occur; (3) clarify the scope of authority for teachers when administering classroom exclusions; (4) make evident the standards and procedures that educators must follow to maintain an optimal learning environment for all students; (5) promote the involvement of families as integral partners in helping students to be successful, and (6) ensure manageable data and reporting requirements from each level of the system, where applicable (i.e., classroom, school, district, state, etc.). Adopting these rule updates before the beginning of the 2024-2025 school year would allow these critical changes involving the health and safety of both students and educators to take effect immediately. |
05/16/2025 | 25-11-056 | Briana Kelly |
| 392-425, 392-121, 392-122 |
Transition to Kindergarten (emergency rules): In alignment with SHB 1550, passed by the Washington State Legislature in 2023, the emergency rules establish the transition to kindergarten program. The rules provide for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program for the 2023-2024 school year. OSPI will also conduct permanent rulemaking concerning transition to kindergarten programs. The permanent rules are anticipated to be effective by the 2024-2025 school year. |
07/31/2023 | 23-16-113 | Samantha Bowen |
| 392-725 |
College in the High School (emergency rules): The purpose of this emergency rulemaking is to amend College in the High School rules in alignment with SB 5048 (2023) that eliminated feeds for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
09/04/2024 | 24-18-114 | Tim McClain |
| 392-725 |
College in the High School (emergency rules): Amend rules in alignment with SB 5048 (2023) that eliminated fees for students. OSPI will also conduct permanent rulemaking concerning College in the High School. |
09/13/2023 | 23-19-034 | Tim McClain |
| 392-725 |
College in the High School (emergency rules): The purpose of this emergency rulemaking is to amend College in the High School rules in alignment with SB 5048 (2023) that eliminated feeds for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
01/02/2025 | 25-02-124 | Tim McClain |
| 392-725 |
College in the High School (emergency rules): The purpose of this emergency rulemaking is to amend College in the High School rules in alignment with SB 5048 (2023) that eliminated feeds for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
01/10/2024 | 24-03-046 | Tim McClain |
| 392-725 |
College in the High School (emergency rules): The purpose of this emergency rulemaking is to amend College in the High School rules in alignment with SB 5048 (2023) that eliminated feeds for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
05/02/2025 | 25-10-057 | Tim McClain |
| 392-725 |
College in the High School (emergency rules): The purpose of this emergency rulemaking is to amend College in the High School rules in alignment with SB 5048 (2023) that eliminated feeds for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
05/08/2024 | 24-11-033 | Tim McClain |
CR 105 Expedited Rulemaking
No results at this time.
Notice of Policy Statement
| WAC Chapter | Description | Filing Date | WA Register | Agency Contact |
|---|---|---|---|---|
| N/A |
Preventing and Addressing Discrimination in Student Discipline, Guidelines for Implementing Washington’s Equal Educational Opportunity Laws: Chapter 28A.640 and 28A.642 RCW and Chapter 392-190 WAC |
10/22/2019 | 19-21-151 | Sarah Albertson |
Manual Changes - Public Hearing Scheduled
| WAC Chapter | Description | Filing Date | WA Register | Agency Contact |
|---|---|---|---|---|
| Accounting Manual for School Districts (392-123-010); Educational Service District Accounting Manual (392-125-010) |
The Office of Superintendent of Public Instruction will be holding a public hearing via Zoom on Tuesday, August 27, 2024, at 10:00 a.m. PST, concerning revisions to the Accounting Manual for School Districts and the Educational Service District Accounting Manual; in accordance with WAC 392-123-010 and WAC 392-125-010, respectively. After submitting the required information below, registrants will receive a confirmation e-mail with information about joining the meeting. For questions concerning revisions to the manuals, please contact: Paul Stone, School Apportionment and Financial Services; E-mail: Paul.Stone@k12.wa.us; Mailing address: OSPI, PO Box 47200, Olympia, WAC 98504-7200 |
07/09/2024 | 24-15-017 | Paul Stone |