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 |
|---|---|---|---|---|
| Chapter 392-425 WAC |
Transition to Kindergarten: In accordance with Engrossed Substitute Senate Bill 6260 (2026) and RCW 28A.300.072, OSPI is considering to amend chapter 392-425 WAC to adopt permanent rules authorizing local education agencies to charge sliding scale fees for enrollment in the transition to kindergarten (TK) program and to establish rules related to the allocation of state funding for TK programs. Permanent rule adoption is necessary to implement statutory changes enacted by the Washington State Legislature, and to ensure school districts, charter schools, and state-tribal education compact schools have the rules and guidance necessary for implementation during the 2027-28 school year, including enrollment, budgeting, and program planning timelines. Permanent rules are necessary to implement ESSB 6260 (2026) in time for the 2027-28 school year. Local education agencies require timely rules regarding sliding scale fees and state funding allocation criteria in order to conduct enrollment, staffing, budgeting, and program planning activities prior to the start of the school year. Delayed adoption would create uncertainty regarding program administration and funding distribution and could impair implementation of legislatively enacted requirements. |
06/18/2026 | 26-14-011 | Samantha Bowen |
| 392-121-106; 392-121-187; 392-122-220; 392-700-035 |
Special Education - Age 22 Updates: OSPI is considering rulemaking to expand state funding for students receiving special education services who turn twenty-one (21) in alignment with SSB 5253 (2025). |
04/21/2026 | 26-09-125 | Becky McLean |
| 392-121-107 |
Enrollment Reporting: OSPI is considering rulemaking to update the types of educational programs that meet the definition of a course of study and to clarify that a course of study must be provided or supervised by a certificated instructor. |
04/21/2026 | 26-09-122 | Becky McLean |
| 392-121-436; 392-121-438; 392-121-443 |
Emergency Advances: OSPI is considering rulemaking regarding when emergency advances can be requested and when repayment will be due for better fiscal oversight and management of the state operating budget. |
04/21/2026 | 26-09-127 | Becky McLean |
| 392-121; 392-132; 392-122-900 |
Finance - Miscellaneous Rule Updates: OSPI is considering rulemaking to update language in existing WACs to include removing reference to outdated terms, staff mix, updating terms such as ABFR Guidance (not handbook), educational programs and operation (not excess maintenance and operation) levy, and students with disability (not handicapped and nonhandicapped students), and aligning rules with existing statute. |
04/21/2026 | 26-09-126 | Becky McLean |
| 392-122; 392-127-045 |
Apportionment Process: OSPI is considering rulemaking regarding how special education staff will apply to K-3 class size, physical, social, and emotional support (PSES), and certificated instructional staff ratio compliance calculations after changes were made to the special education allocation in Engrossed Second Substitute Senate Bill 5263 (2025). Additionally, the rulemaking being considered would change the months when K-3 class size and PSES compliances would be calculated and would add a new duty root for PSES compliance. |
04/21/2026 | 26-09-123 | Becky McLean |
| 392-123 |
School District Budgeting (Finance): OSPI is considering rulemaking to address school districts’ budgeting practices. Additionally, OSPI is considering rulemaking concerning the sale of school district real property who are in binding conditions and to address the charging of interest when districts in binding conditions or under enhanced financial oversight for temporary interfund loan from its capital projects fund in alignment with Substitute Senate Bill 5412 (2025). |
04/21/2026 | 26-09-124 | Becky McLean |
| 392-141; 392-142; 392-143; 392-144; 392-145 |
Student Transportation: OSPI is considering rulemaking concerning student transportation to align with Engrossed Second Substitute House Bill 1368 (2024) related to the total cost of ownership for zero emission school buses and diesel school buses. The rulemaking would also align with Engrossed Substitute Senate Bill 5009 (2025), which relates to the transportation of students in a Washington state patrol-inspected school vehicle other than a school bus; adding vehicles other than school buses to the STARS formula; and changes to school bus categories, specifications, depreciation, and driver training requirements. Additionally, amendments to school bus driver qualifications would clarify procedures and provide additional guidance to school districts and school bus drivers. |
02/12/2026 | 26-05-043 | Patti Enbody |
| 392-141; 392-142; 392-143; 392-144; 392-145 |
Student Transportation: OSPI is considering rulemaking concerning student transportation to align with Engrossed Second Substitute House Bill 1368 (2024) related to the total cost of ownership for zero emission school buses and diesel school buses. The rulemaking would also align with Engrossed Substitute Senate Bill 5009 (2025), which relates to the transportation of students in a Washington state patrol-inspected school vehicle other than a school bus; adding vehicles other than school buses to the STARS formula; and changes to school bus categories, specifications, depreciation, and driver training requirements. Additionally, amendments to school bus driver qualifications would clarify procedures and provide additional guidance to school districts and school bus drivers. |
02/12/2026 | 26-05-043 | Patti Enbody |
| TBD |
Establishment of Complaint Process for Limited and Broad Complaints under ESHB 1296 (2025): With the passage of ESHB 1296 (2025), the office of superintendent of public instruction is required to establish a process to investigate and secure equitable resolutions for two types of complaints (limited and broad) alleging willful noncompliance with the state laws listed in section 302(4) of ESHB 1296 (2025). |
02/04/2026 | 26-04-127 | Monique Malson |
| 392-172A; 392-140-600 through 392-140-685 |
Special Education: OSPI is considering to amend current sections of and/or add new sections to the Washington Administrative Code (WAC) concerning special education services to students, with updates that are consistent with state and federal law, provide additional clarification on state requirements, and make updated technical changes. Specifically, these changes would: (1) address changes to the age of eligibility in accordance with Substitute Senate Bill (SSB) 5253 (2025); (2) address changes to the administration of students eligible for special education services placed in private settings or public educational service district settings by public school districts in accordance with Engrossed Second Substitute Senate Bill (E2SSB) 5315 (2023); (3) phase out the use of the severe discrepancy methodology and clarify existing procedural requirements for determining eligibility for students with specific learning disabilities; (4) update and clarify existing requirements under current state law regarding safety net awards (WAC 392-140-600 through 392-140-685), personnel qualifications, dispute resolution, referral/evaluation timelines, and behavioral supports applicable to the provision of free appropriate public education (FAPE) to students eligible for special education services; and (5) make changes to correct typographical errors, update references to other applicable sections of the Revised Code of Washington (RCW) and WAC, and other rule changes that are technical in nature. |
10/14/2025 | 25-21-067 | Scott Raub |
| 392-121; 392-122; 392-169; 392-172A; 392-700 |
Running Start (updated CR-101): OSPI is considering rulemaking concerning running start in alignment with Second Substitute House Bill 1316 (2023) and ESSSB 5670 (2024), students who are age twenty-one (21) and receiving special education services in alignment with Substitute Senate Bill 5253 (2025), and changing the first Running Start count day of a college term to clarify which students can be claimed for Running Start funding. |
08/29/2025 | 25-18-077 | Tim McClain |
| 392-550 |
Alternative Learning Experience: OSPI is considering rulemaking to update requirements for claiming enrollment and associated documentation to ensure requirements maintain accountability while also supporting various implementation models, instructional pedagogies, and individual student needs as directed in RCW 28A.232.010(8)(b). Note: OSPI determined that the current rulemaking effort should be discontinued, and rescinded the CR-101 (WSR 25-13-079) on October 1, 2025. |
06/16/2025 | 25-13-079 | Anissa Sharratt |
| 392-341; 392-343; 392-344; 392-347; 392-902 (new chapter) |
School Seismic Safety Program Implementation: The Washington State Legislature enacted Substitute Senate Bill 5933 in 2022, which requires the Office of Superintendent of Public Instruction (OSPI) to implement the School Seismic Safety Program to allow districts to receive seismic funds and be eligible to receive funding from the School Construction Assistance Program (SCAP). In alignment with SSB 5933 (2022), OSPI is considering rulemaking concerning the School Seismic Safety Program. OSPI’s current school construction rules do not provide a process that would allow OSPI to timely or effectively award these grant funds during the biennium. New grant funding procedures are necessary to preserve the general welfare by allowing OSPI to proceed with the grants and distribution of funding to school districts in accordance with legislative intent. |
06/11/2025 | 25-13-047 | Scott Black |
| 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 |
| 392-190 |
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 |
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 |
|---|---|---|---|---|
| Chapter 392-425 WAC |
Transition to Kindergarten: In accordance with Engrossed Substitute Senate Bill 6260 (2026) and RCW 28A.300.072, OSPI is considering to amend chapter 392-425 WAC to adopt permanent rules authorizing local education agencies to charge sliding scale fees for enrollment in the transition to kindergarten (TK) program and to establish rules related to the allocation of state funding for TK programs. Permanent rule adoption is necessary to implement statutory changes enacted by the Washington State Legislature, and to ensure school districts, charter schools, and state-tribal education compact schools have the rules and guidance necessary for implementation during the 2027-28 school year, including enrollment, budgeting, and program planning timelines. Permanent rules are necessary to implement ESSB 6260 (2026) in time for the 2027-28 school year. Local education agencies require timely rules regarding sliding scale fees and state funding allocation criteria in order to conduct enrollment, staffing, budgeting, and program planning activities prior to the start of the school year. Delayed adoption would create uncertainty regarding program administration and funding distribution and could impair implementation of legislatively enacted requirements. |
06/18/2026 | 26-14-011 | Samantha Bowen |
| 392-121-106; 392-121-187; 392-122-220; 392-700-035 |
Special Education - Age 22 Updates: OSPI is considering rulemaking to expand state funding for students receiving special education services who turn twenty-one (21) in alignment with SSB 5253 (2025). |
04/21/2026 | 26-09-125 | Becky McLean |
| 392-121-107 |
Enrollment Reporting: OSPI is considering rulemaking to update the types of educational programs that meet the definition of a course of study and to clarify that a course of study must be provided or supervised by a certificated instructor. |
04/21/2026 | 26-09-122 | Becky McLean |
| 392-121-436; 392-121-438; 392-121-443 |
Emergency Advances: OSPI is considering rulemaking regarding when emergency advances can be requested and when repayment will be due for better fiscal oversight and management of the state operating budget. |
04/21/2026 | 26-09-127 | Becky McLean |
| 392-121; 392-132; 392-122-900 |
Finance - Miscellaneous Rule Updates: OSPI is considering rulemaking to update language in existing WACs to include removing reference to outdated terms, staff mix, updating terms such as ABFR Guidance (not handbook), educational programs and operation (not excess maintenance and operation) levy, and students with disability (not handicapped and nonhandicapped students), and aligning rules with existing statute. |
04/21/2026 | 26-09-126 | Becky McLean |
| 392-122; 392-127-045 |
Apportionment Process: OSPI is considering rulemaking regarding how special education staff will apply to K-3 class size, physical, social, and emotional support (PSES), and certificated instructional staff ratio compliance calculations after changes were made to the special education allocation in Engrossed Second Substitute Senate Bill 5263 (2025). Additionally, the rulemaking being considered would change the months when K-3 class size and PSES compliances would be calculated and would add a new duty root for PSES compliance. |
04/21/2026 | 26-09-123 | Becky McLean |
| 392-123 |
School District Budgeting (Finance): OSPI is considering rulemaking to address school districts’ budgeting practices. Additionally, OSPI is considering rulemaking concerning the sale of school district real property who are in binding conditions and to address the charging of interest when districts in binding conditions or under enhanced financial oversight for temporary interfund loan from its capital projects fund in alignment with Substitute Senate Bill 5412 (2025). |
04/21/2026 | 26-09-124 | Becky McLean |
| 392-141; 392-142; 392-143; 392-144; 392-145 |
Student Transportation: OSPI is considering rulemaking concerning student transportation to align with Engrossed Second Substitute House Bill 1368 (2024) related to the total cost of ownership for zero emission school buses and diesel school buses. The rulemaking would also align with Engrossed Substitute Senate Bill 5009 (2025), which relates to the transportation of students in a Washington state patrol-inspected school vehicle other than a school bus; adding vehicles other than school buses to the STARS formula; and changes to school bus categories, specifications, depreciation, and driver training requirements. Additionally, amendments to school bus driver qualifications would clarify procedures and provide additional guidance to school districts and school bus drivers. |
02/12/2026 | 26-05-043 | Patti Enbody |
| 392-141; 392-142; 392-143; 392-144; 392-145 |
Student Transportation: OSPI is considering rulemaking concerning student transportation to align with Engrossed Second Substitute House Bill 1368 (2024) related to the total cost of ownership for zero emission school buses and diesel school buses. The rulemaking would also align with Engrossed Substitute Senate Bill 5009 (2025), which relates to the transportation of students in a Washington state patrol-inspected school vehicle other than a school bus; adding vehicles other than school buses to the STARS formula; and changes to school bus categories, specifications, depreciation, and driver training requirements. Additionally, amendments to school bus driver qualifications would clarify procedures and provide additional guidance to school districts and school bus drivers. |
02/12/2026 | 26-05-043 | Patti Enbody |
| TBD |
Establishment of Complaint Process for Limited and Broad Complaints under ESHB 1296 (2025): With the passage of ESHB 1296 (2025), the office of superintendent of public instruction is required to establish a process to investigate and secure equitable resolutions for two types of complaints (limited and broad) alleging willful noncompliance with the state laws listed in section 302(4) of ESHB 1296 (2025). |
02/04/2026 | 26-04-127 | Monique Malson |
| 392-172A; 392-140-600 through 392-140-685 |
Special Education: OSPI is considering to amend current sections of and/or add new sections to the Washington Administrative Code (WAC) concerning special education services to students, with updates that are consistent with state and federal law, provide additional clarification on state requirements, and make updated technical changes. Specifically, these changes would: (1) address changes to the age of eligibility in accordance with Substitute Senate Bill (SSB) 5253 (2025); (2) address changes to the administration of students eligible for special education services placed in private settings or public educational service district settings by public school districts in accordance with Engrossed Second Substitute Senate Bill (E2SSB) 5315 (2023); (3) phase out the use of the severe discrepancy methodology and clarify existing procedural requirements for determining eligibility for students with specific learning disabilities; (4) update and clarify existing requirements under current state law regarding safety net awards (WAC 392-140-600 through 392-140-685), personnel qualifications, dispute resolution, referral/evaluation timelines, and behavioral supports applicable to the provision of free appropriate public education (FAPE) to students eligible for special education services; and (5) make changes to correct typographical errors, update references to other applicable sections of the Revised Code of Washington (RCW) and WAC, and other rule changes that are technical in nature. |
10/14/2025 | 25-21-067 | Scott Raub |
| 392-121; 392-122; 392-169; 392-172A; 392-700 |
Running Start (updated CR-101): OSPI is considering rulemaking concerning running start in alignment with Second Substitute House Bill 1316 (2023) and ESSSB 5670 (2024), students who are age twenty-one (21) and receiving special education services in alignment with Substitute Senate Bill 5253 (2025), and changing the first Running Start count day of a college term to clarify which students can be claimed for Running Start funding. |
08/29/2025 | 25-18-077 | Tim McClain |
| 392-550 |
Alternative Learning Experience: OSPI is considering rulemaking to update requirements for claiming enrollment and associated documentation to ensure requirements maintain accountability while also supporting various implementation models, instructional pedagogies, and individual student needs as directed in RCW 28A.232.010(8)(b). Note: OSPI determined that the current rulemaking effort should be discontinued, and rescinded the CR-101 (WSR 25-13-079) on October 1, 2025. |
06/16/2025 | 25-13-079 | Anissa Sharratt |
| 392-341; 392-343; 392-344; 392-347; 392-902 (new chapter) |
School Seismic Safety Program Implementation: The Washington State Legislature enacted Substitute Senate Bill 5933 in 2022, which requires the Office of Superintendent of Public Instruction (OSPI) to implement the School Seismic Safety Program to allow districts to receive seismic funds and be eligible to receive funding from the School Construction Assistance Program (SCAP). In alignment with SSB 5933 (2022), OSPI is considering rulemaking concerning the School Seismic Safety Program. OSPI’s current school construction rules do not provide a process that would allow OSPI to timely or effectively award these grant funds during the biennium. New grant funding procedures are necessary to preserve the general welfare by allowing OSPI to proceed with the grants and distribution of funding to school districts in accordance with legislative intent. |
06/11/2025 | 25-13-047 | Scott Black |
| 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 |
| 392-190 |
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 |
CR 103P Adopted Rules (Permanent)
| WAC Chapter | Description | Filing Date | WA Register | Agency Contact |
|---|---|---|---|---|
| 392-121-106; 392-121-187; 392-122-220; 392-700-035 |
Special Education - Age 22 Updates: OSPI is adopting rulemaking to expand state funding for students receiving special education services who turn twenty-one (21) in alignment with Substitute Senate Bill 5253 (2025). |
08/12/2026 | 26-17-047 | Becky McLean |
| 392-121-107 |
Enrollment Reporting: OSPI is adopting rulemaking to update the types of educational programs that meet the definition of a course of study and to clarify that a course of study must be provided or supervised by a certificated instructor. |
08/12/2026 | 26-17-044 | Becky McLean |
| 392-121-436, 392-121-438, 392-121-443 |
Emergency Advances: OSPI is adopting rulemaking regarding when emergency advances can be requested and when repayment will be due for better fiscal oversight and management of the state operating budget. |
08/12/2026 | 26-17-045 | Becky McLean |
| 392-122; 392-127-045 |
Apportionment Process: OSPI is adopting rulemaking regarding how special education staff will apply to K-3 class size, physical, social, and emotional support (PSES), and certificated instructional staff ratio compliance calculations after changes were made to the special education allocation in Engrossed Second Substitute Senate Bill 5263 (2025). Additionally, the rulemaking being proposed would change the months when K-3 class size and PSES compliances would be calculated and would add a new duty root for PSES compliance. |
08/12/2026 | 26-17-046 | Becky McLean |
| 392-123 |
School District Budgeting (Finance): OSPI is adopting rulemaking to address school districts’ budgeting practices. Additionally, OSPI is adopting rulemaking concerning the sale of school district real property who are in binding conditions and to address the charging of interest when districts in binding conditions or under enhanced financial oversight for temporary interfund loan from its capital projects fund in alignment with Substitute Senate Bill 5412 (2025). |
08/12/2026 | 26-17-043 | Becky McLean |
| 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; ethnicity; creed; religion; color, national origin; honorably discharged veteran or military status; sexual orientation; gender identity; gender expression; homelessness; immigration or citizenship status; the presence of any sensory, mental, or physical disability; neurodivergence; 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 adopting revisions to 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; and (3) align rules with new statutory requirements regarding nondiscrimination requirements. 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. |
07/22/2026 | 26-15-128 | Sarah Albertson |
| 392-187 (new) |
Establishment of Complaint Process for Limited and Broad Complaints under ESHB 1296 (2025): With the passage of ESHB 1296 (2025), the office of superintendent of public instruction is required to establish a process to investigate and secure equitable resolutions for two types of complaints (limited and broad) alleging willful noncompliance with the state laws listed in section 302(4) of ESHB 1296 (2025). |
06/12/2026 | 26-13-060 | Monique Malson |
| 392-170 |
Highly Capable: OSPI is adopting 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. The adopted rulemaking clarifies identification of students who require service in a single content domain (math or reading), as well as establishing that assessments for highly capable identification are to be administered in the home school during school hours, with limited exceptions. |
05/06/2026 | 26-10-094 | Jody Hess |
| 392-341; 392-343; 392-344; 392-347; 392-902 (new chapter) |
School Seismic Safety Program Implementation: The Washington State Legislature enacted Substitute Senate Bill 5933 in 2022, which requires the Office of Superintendent of Public Instruction (OSPI) to implement the School Seismic Safety Program to allow districts to receive seismic funds and be eligible to receive funding from the School Construction Assistance Program (SCAP). In alignment with SSB 5933 (2022), OSPI is adopting rulemaking concerning the School Seismic Safety Program. OSPI’s current school construction rules do not provide a process that would allow OSPI to timely or effectively award these grant funds during the biennium. New grant funding procedures are necessary to preserve the general welfare by allowing OSPI to proceed with the grants and distribution of funding to school districts in accordance with legislative intent. |
02/04/2026 | 26-04-133 | Scott Black |
| 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, the proposed rule enables school districts to borrow from the TVF. |
11/19/2025 | 25-24-001 | Shawn Lewis |
| 392-410-350 |
Seal of Biliteracy: OSPI is adopting 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. |
06/24/2025 | 25-14-016 | Veronica Trapani-Huebner |
| 392-190; 392-400; 392-401 |
Student Discipline: OSPI is adopting 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. Note: The permanent rules become effective on Friday, July 11, 2025. Any previous emergency rules that were in place will no longer be in effect on Friday, July 11, 2025. |
06/10/2025 | 25-13-037 | Anna Marie Dufault |
| 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 |
| 392-157-125 |
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 |
CR 103E Emergency Adoption
| WAC Chapter | Description | Filing Date | WA Register | Agency Contact |
|---|---|---|---|---|
| 392-121-107; 392-121-189 |
Competency-Based Education (emergency rules): The purpose of the emergency rulemaking is to adopt rules to authorize full-time enrollment funding for students enrolled in competency-based education programs identified by the State Board of Education as required by Senate Bill 5189 (2025). This is a renewal of emergency rules. OSPI will also conduct permanent rulemaking concerning these rules. |
08/14/2026 | 26-17-066 | Becky McLean |
| 392-121; 392-122; 392-169; 392-172A; 392-700 |
Running Start (emergency rules): The purpose of this emergency rulemaking is to expand access to running start in alignment with SSHB 1316 (2023) and ESSSB 5670 (2024), expand state funding for students receiving special education funding who turn twenty-one (21) in alignment with SSB 5253 (2025), and clarify which students can be claimed for Running Start funding for the first count of a college term. Additionally, the rules provide for funding, reporting, and administration of participating student's enrollment in running start courses. This is a renewal of emergency rules as OSPI continues to conduct permanent rulemaking. |
08/14/2026 | 26-17-068 | 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 fees for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
08/14/2026 | 26-17-067 | Tim McClain |
| 392-425-040; 392-425-065 (new) |
Transition to Kindergarten (emergency rules): In accordance with Engrossed Substitute Senate Bill 6260 (2026) and RCW 28A.300.072, OSPI is amending chapter 392-425 WAC to adopt emergency rules authorizing local education agencies to charge sliding scale fees for enrollment in the transition to kindergarten (TK) program and to establish rules related to the allocation of state funding for TK programs. Emergency rule adoption is necessary to implement statutory changes enacted by the Washington State Legislature, and to ensure school districts, charter schools, and state-tribal education compact schools have the rules and guidance necessary for implementation during the 2026-27 school year, including enrollment, budgeting, and program planning timelines. OSPI will also conduct permanent rulemaking concerning these rules. |
06/18/2026 | 26-14-010 | Samantha Bowen |
| 392-122-440; 392-122-510; 392-127-045 |
Special Education Programs - K-3 Class Size, PSES, and Certificated Instructional Staff Ratio Compliance Calculations (renewal of emergency rules): The purpose of this emergency rulemaking is to adopt rules regarding how special education staff will apply to K-3 class size, physical, social, and emotional support (PSES), and the certificated instructional staff ratio compliance calculations after changes were made to the special education allocation in Engrossed Second Substitute Senate Bill 5263 (2025). OSPI will also conduct permanent rulemaking concerning these rules. |
06/05/2026 | 26-13-015 | Becky McLean |
| 392-123-150; 392-123-171 (new) |
Interfund Loans - Capital Projects Fund (renewal of emergency rules): The purpose of this emergency rulemaking is to adopt rules concerning the sale of school district real property who are in binding conditions in alignment with Substitute Senate Bill 5412 (2025). Additionally, as provided in this same bill, the emergency rulemaking would address the charging of interest when districts are in binding conditions or under enhanced financial oversight for temporary interfund loan from its capital projects fund. OSPI will also conduct permanent rulemaking concerning these rules. |
06/05/2026 | 26-13-014 | Becky McLean |
| 392-121-107; 392-121-189 |
Competency-Based Education (emergency rules): The purpose of the emergency rulemaking is to adopt rules to authorize full-time enrollment funding for students enrolled in competency-based education programs identified by the State Board of Education as required by Senate Bill 5189 (2025). This is a renewal of emergency rules. OSPI will also conduct permanent rulemaking concerning these rules. |
04/17/2026 | 26-09-091 | Becky McLean |
| 392-121; 392-122; 392-169; 392-172A; 392-700 |
Running Start (updated CR-103E and emergency rule language): The purpose of this emergency rulemaking is to expand access to running start in alignment with SSHB 1316 (2023) and ESSSB 5670 (2024), expand state funding for students receiving special education funding who turn twenty-one (21) in alignment with SSB 5253 (2025), and clarify which students can be claimed for Running Start funding for the first count of a college term. Additionally, the rules provide for funding, reporting, and administration of participating student's enrollment in running start courses. This is a renewal of emergency rules as OSPI continues to conduct permanent rulemaking. |
04/17/2026 | 26-09-090 | 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 fees for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
04/17/2026 | 26-09-089 | Tim McClain |
| 392-341; 392-343; 392-344; 392-347; 392-902 (new chapter) |
School Seismic Safety Program Implementation (renewal of emergency rules): The Washington State Legislature enacted Substitute Senate Bill 5933 in 2022, which requires the Office of Superintendent of Public Instruction (OSPI) to implement the School Seismic Safety Program to allow districts to receive seismic funds and be eligible to receive funding from the School Construction Assistance Program (SCAP). In alignment with SSB 5933 (2022), the emergency rules establish grant funding procedures concerning the School Seismic Safety Program. OSPI’s current school construction rules do not provide a process that would allow OSPI to timely or effectively award these grant funds during the biennium. OSPI will also conduct permanent rulemaking concerning the School Seismic Safety Program. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. Note: The permanent rules become effective on Saturday, March 7, 2026. Any previous emergency rules that were in place will no longer be in effect on Saturday, March 7, 2026. |
02/06/2026 | 26-05-012 | Scott Black |
| 392-122-440; 392-122-510; 392-127-045 |
Special Education Programs - K-3 Class Size, PSES, and Certificated Instructional Staff Ratio Compliance Calculations (emergency rules): The purpose of this emergency rulemaking is to adopt rules regarding how special education staff will apply to K-3 class size, physical, social, and emotional support (PSES), and the certificated instructional staff ratio compliance calculations after changes were made to the special education allocation in Engrossed Second Substitute Senate Bill 5263 (2025). OSPI will also conduct permanent rulemaking concerning these rules. |
02/05/2026 | 26-05-006 | Becky McLean |
| 392-123-150; 392-123-171 (new) |
Interfund Loans - Capital Projects Fund (emergency rules): The purpose of this emergency rulemaking is to adopt rules concerning the sale of school district real property who are in binding conditions in alignment with Substitute Senate Bill 5412 (2025). Additionally, as provided in this same bill, the emergency rulemaking would address the charging of interest when districts are in binding conditions or under enhanced financial oversight for temporary interfund loan from its capital projects fund. OSPI will also conduct permanent rulemaking concerning these rules. |
02/05/2026 | 26-05-005 | Becky McLean |
| 392-121-107; 392-121-189 |
Competency-Based Education (emergency rules): The purpose of the emergency rulemaking is to adopt rules to authorize full-time enrollment funding for students enrolled in competency-based education programs identified by the State Board of Education as required by Senate Bill 5189 (2025). This is a renewal of emergency rules. OSPI will also conduct permanent rulemaking concerning these rules. |
12/18/2025 | 26-01-129 | Becky McLean |
| 392-121; 392-122; 392-169; 392-172A; 392-700 |
Running Start (updated CR-103E and emergency rule language): The purpose of this emergency rulemaking is to expand access to running start in alignment with SSHB 1316 (2023) and ESSSB 5670 (2024), expand state funding for students receiving special education funding who turn twenty-one (21) in alignment with SSB 5253 (2025), and clarify which students can be claimed for Running Start funding for the first count of a college term. Additionally, the rules provide for funding, reporting, and administration of participating student's enrollment in running start courses. This is a renewal of emergency rules as OSPI continues to conduct permanent rulemaking. |
12/18/2025 | 26-01-130 | 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 fees for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
12/18/2025 | 26-01-128 | Tim McClain |
| 392-341; 392-343; 392-344; 392-347; 392-902 (new chapter) |
School Seismic Safety Program Implementation (renewal of emergency rules): The Washington State Legislature enacted Substitute Senate Bill 5933 in 2022, which requires the Office of Superintendent of Public Instruction (OSPI) to implement the School Seismic Safety Program to allow districts to receive seismic funds and be eligible to receive funding from the School Construction Assistance Program (SCAP). In alignment with SSB 5933 (2022), the emergency rules establish grant funding procedures concerning the School Seismic Safety Program. OSPI’s current school construction rules do not provide a process that would allow OSPI to timely or effectively award these grant funds during the biennium. OSPI will also conduct permanent rulemaking concerning the School Seismic Safety Program. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. Note: The permanent rules become effective on Saturday, March 7, 2026. Any previous emergency rules that were in place will no longer be in effect on Saturday, March 7, 2026. |
10/09/2025 | 25-21-041 | Scott Black |
| 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. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. Note: The permanent rules become effective on December 20, 2025 (WSR 25-24-001). To avoid overlap, OSPI is rescinding the CR-103E renewal filing (WSR 25-20-038), effective December 20, 2025. |
09/24/2025 | 25-20-038 | Shawn Lewis |
| 392-121-107; 392-121-189 |
Competency-Based Education (emergency rules): The purpose of the emergency rulemaking is to adopt rules to authorize full-time enrollment funding for students enrolled in competency-based education programs identified by the State Board of Education as required by Senate Bill 5189 (2025). OSPI will also conduct permanent rulemaking concerning these rules. |
08/29/2025 | 25-18-072 | Becky McLean |
| 392-121; 392-122; 392-169; 392-172A; 392-700 |
Running Start (updated CR-103E and emergency rule language): The purpose of this emergency rulemaking is to expand access to running start in alignment with SSHB 1316 (2023) and ESSSB 5670 (2024), expand state funding for students receiving special education funding who turn twenty-one (21) in alignment with SSB 5253 (2025), and clarify which students can be claimed for Running Start funding for the first count of a college term. Additionally, the rules provide for funding, reporting, and administration of participating student's enrollment in running start courses. OSPI will also conduct permanent rulemaking concerning these rules. |
08/29/2025 | 25-18-078 | 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 fees for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking. |
08/29/2025 | 25-18-071 | Tim McClain |
| 392-341; 392-343; 392-344; 392-347; 392-902 (new chapter) |
School Seismic Safety Program Implementation (emergency rules): The Washington State Legislature enacted Substitute Senate Bill 5933 in 2022, which requires the Office of Superintendent of Public Instruction (OSPI) to implement the School Seismic Safety Program to allow districts to receive seismic funds and be eligible to receive funding from the School Construction Assistance Program (SCAP). In alignment with SSB 5933 (2022), the emergency rules establish grant funding procedures concerning the School Seismic Safety Program. OSPI’s current school construction rules do not provide a process that would allow OSPI to timely or effectively award these grant funds during the biennium. OSPI will also conduct permanent rulemaking concerning the School Seismic Safety Program. Note: The permanent rules become effective on Saturday, March 7, 2026. Any previous emergency rules that were in place will no longer be in effect on Saturday, March 7, 2026. |
06/11/2025 | 25-13-045 | Scott Black |
| 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 |
| 392-190; 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. Note: The permanent rules become effective on Friday, July 11, 2025. Any previous emergency rules that were in place will no longer be in effect on Friday, July 11, 2025. |
05/16/2025 | 25-11-056 | Briana Kelly |
| 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. Note: On August 29, 2025, OSPI rescinded this CR-103E renewal filing (WSR 25-10-058) in order to file an updated CR-103E (WSR 25-18-078), which includes language updates to the emergency rules regarding Running Start. |
05/02/2025 | 25-10-058 | 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 fees 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 |
CR 105 Expedited Rulemaking
Notice of Policy Statement
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, July 21, 2026, at 10:30 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. To register for the Zoom hearing, please sign up here. After submitting the required information, 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, WA 98504-7200 |
05/27/2026 | 26-12-033 | Paul Stone |
| 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 5, 2025, 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, 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 |
06/30/2025 | 25-14-076 | Paul Stone |




