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 coursesOSPI 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

No results at this time.

Notice of Policy Statement

No results at this time.

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