OSPI Rulemaking Activity

Rule making is the process by which a state agency makes changes to the Washington Administrative Code (WAC). The tables below detail current rule making activity by OSPI concerning Title 392 WAC.

CR 101 Preproposal Statement of Inquiry

WAC Chapter Description Filing Date WA Register Agency Contact
392-(new sections-tbd)

Institutional Education: OSPI is considering rule making based on HB 1295 (2021) which directs OSPI to establish requirements concerning education and supports for youth in or recently exiting the juvenile justice system. Academic progress toward grade-level progression and high school graduation are particularly critical for students within the juvenile justice system, including those entering, transitioning between facilities, and post-resident youth, in making life-changing transformations for the future.

08/24/2022 22-17-158 Emmelia Wargacki
392-121-436; 392-121-438; 392-121-443

Apportionment Advances: OSPI is considering rulemaking to extend the apportionment advance request and payout periods for school districts and charter schools, and to establish requirements for repayment assurance and apportionment advance repayment schedules for funds received. As a result of enrollment declines, expiring access to federal COVID relief, unanticipated rise in uncontrollable costs, and other unforeseen events, many districts have experienced unprecedented financial difficulties. Extending the apportionment request, payout, and repayment periods would allow districts to access funds that are essential for the continuity of operations, maintenance, and other education services.

05/30/2024 24-12-038 T.J. Kelly
392-121; 392-122; 392-425 (new sections-tbd)

Transition to Kindergarten: In alignment with Second Substitute House Bill 1550, passed by the Washington State Legislature in 2023, OSPI is considering rulemaking concerning transition to kindergarten programs. The proposed rules would provide for program administration, allocation of state funding, and minimum standards and requirements for transition to kindergarten programs. In addition, technical changes to apportionment sections may be considered. 

10/26/2023 23-22-073 Samantha Bowen
392-123

District Budgeting (Binding Conditions): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, OSPI is considering rulemaking to implement an exemption for school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130.

06/17/2024 24-18-084 T.J. Kelly
392-136; 392-136A

Shared Leave and Sick Leave Cashout: OSPI is considering rulemaking to reflect changes under HB 2739 (2020) in order to align shared leave provisions for school district and educational service district employees with those for state employees. Additionally, potential rule changes to the employee attendance incentive program for school district and educational service district employees will be reviewed to ensure consistency with that for state employees.

12/06/2023 23-24-098 T.J. Kelly
392-142

Student Transportation: OSPI is considering rule making related to Substitute House Bill 1644 (2022) which included language to expand the allowable use of the transportation vehicle fund. In addition, technical revisions may be considered.

06/01/2022 22-12-087 Patti Enbody
392-169, 392-121-123, 392-121-136

Running Start: OSPI is considering rule making concerning running start in alignment with Second Substitute House Bill 1316 (2023). In addition, technical changes to rule sections may be considered.

12/19/2023 24-01-118 Tim McClain
392-170

Highly Capable: OSPI is considering rule making, based on SB 5072 passed by the Washington State Legislature in 2023, concerning universal screening to identify students needing highly capable services, including focusing on equitable identification of low-income and underserved students.

05/25/2023 23-12-018 Jody Hess
392-172A

Special Education (Transfer of Rights): OSPI is considering rulemaking to update and replace the statutory references to chapter 11.88 RCW (repealed under ESSB 6287 (2020)) with chapter 11.130 RCW under WAC 392-172A-05135.

02/26/2024 24-06-012 Darryl Colman
392-190; 392-400; 392-401

Emergency Expulsion to Emergency Removal: OSPI is considering rulemaking to replace the term “emergency expulsion” with the term “emergency removal” in the context of student discipline. Legislative mandates under House Bill 1207 (2023) formalize these changes under Chapters 28A.300 and 28A.600 of the Revised Code of Washington, and rulemaking will allow for consistent use of terminology under the Washington Administrative Code.

12/06/2023 23-24-097 Briana Kelly
392-343

School Construction Assistance Program (SCAP): 
WAC 392-343-035: The space allocations are outdated and do not meet the space needs of local school districts for current educational programs offered to students. The proposed updated rule will phase in increases to the current space allocations to help meet the space needs of providing current educational opportunities to students.

WAC 392-343-060: The current process to determination the construction cost allocation has not permitted the Superintendent to adjust the construction cost allocation to reflect actual market rate of construction and modernizing a school. The proposed update will allow the Superintendent to set the construction cost allocation to reflect current market conditions.

11/13/2023 23-23-075 Scott Black
392-410-350

Seal of Biliteracy: OSPI is considering rulemaking concerning the Seal of Biliteracy to establish multiple levels of the Seal. Currently, the proficiency level to earn the Seal is ACTFL Intermediate Mid. With Dual Language Education programs producing students with higher levels of proficiency, a multi-level Seal can encourage students to continue with language learning beyond the Intermediate Mid level. 

04/04/2023 23-08-078 Veronica Trapani-Huebner
392-725

College in the High School: OSPI is considering rule making concerning College in the High School in alignment with Second Substitute Bill 5048 (2023) and additional changes to the chapter as needed.

12/19/2023 24-01-117 Tim McClain

To view proposed text visit the Washington State Register website. You will need the WSR# indicated in the CR 102 table below.

CR 102 Proposed Rulemaking – Public Hearing Scheduled

WAC Chapter Description Filing Date WA Register Agency Contact
392-121; 392-122; 392-425

Transition to Kindergarten: In alignment with Second Substitute House Bill 1550, passed by the Washington State Legislature in 2023, OSPI is proposing rulemaking concerning transition to kindergarten programs. The proposed rules would provide for program administration, allocation of state funding, and minimum standards and requirements for transition to kindergarten programs. In addition, technical changes to apportionment sections may be considered.

Written comments are due by 5:00 pm on May 21, 2024. Register for the public hearing May 21, 2024, at 11:00 am via Zoom.

04/10/2024 24-09-026 Samantha Bowen

CR 103P Adopted Rules (Permanent)

WAC Chapter Description Filing Date WA Register Agency Contact
392-107

Educational Service District (ESD) Board of Directors: OSPI repealed chapter 392-107 WAC since HB 1974 (2022) moved election administration for ESD boards of directors to the Washington State School Directors’ Association (WSSDA). As WSSDA is now responsible for the administration of these elections and establishing related procedures, the rules under chapter 392-107 WAC were no longer valid.

11/09/2022 22-23-060 Kristin Murphy
392-109

State Board of Education (SBE) Elected Members: OSPI repealed chapter 392-109 WAC since HB 1974 (2022) moved election administration for elected members of the SBE to the Washington State School Directors’ Association (WSSDA). As WSSDA is now responsible for the administration of these elections and establishing related procedures, the rules under chapter 392-109 WAC were no longer valid.

11/09/2022 22-23-061 Kristin Murphy
392-121 and 392-169

Running Start for Summer Term: Amendments to chapters 392-121 and 392-169 WAC concerning summer running start. As directed by ESSB 5693 Section 504 (18), the rules fund participating student's enrollment in running start courses during the summer term. Effective July 1, 2023. (Please note these rule changes are related to the 2022 budget proviso. Rulemaking related to 2SHB 1316 passed by the legislature in 2023 will occur under its own rules process.)

06/16/2023 23-13-089 Becky McLean
392-121; 392-122; 392-425

Transition to Kindergarten: In alignment with Second Substitute House Bill 1550, passed by the Washington State Legislature in 2023, OSPI is adopting rules concerning transition to kindergarten programs. The rule revisions provide for program administration, allocation of state funding, and minimum standards and requirements for transition to kindergarten programs. In addition, technical changes to apportionment sections have been incorporated.

06/28/2024 24-14-074 Samantha Bowen
392-122-430 thru -455

Finance – Physical, Social, Emotional Support Staff (PSES):  Added new sections concerning compliance rules and calculations for provisions in SSHB 1664 (2022) and the 2022 supplemental budget (ESSB 5693) related to physical, social, and emotional support in schools. The legislation provided for increased funding allocations for physical, social, and emotional support through the prototypical school funding model beginning with the 2022-23 school year. The new rules ensure that local education agencies receive an allocation for basic education that is in alignment with the state budget.

11/30/2022 22-24-029 T.J. Kelly
392-136A

Finance/Shared Leave: Shared leave statutes were amended by the Washington State Legislature (HB 2739 (2020)). OSPI amended the shared leave rules in chapter 392-136A WAC to align with current language in RCW 41.04.650 through 41.04.671 and articulate changes to the shared leave statutes as applicable to school district staff and educational service district staff. 

02/14/2023 23-05-082 T.J. Kelly
392-162-100 and -115

Learning Assistance Program (LAP):  Repeals WAC 392-162-100 and 392-162-115 to eliminate redundancies in language that already exists in statute and guidance. 

11/30/2022 22-24-030 Annie Pennell
392-191A-160 & -190

Teacher and Principal Evaluation Program (TPEP):  In collaboration with the TPEP Steering Committee, OSPI adopted changes concerning timing for principal/assistant principal evaluations to ensure these are completed in a manner or on a timeline that allows a principal/assistant principal to receive timely feedback, to improve their practice, or to seek another position based on their employment status. Changes effective on August 1, 2023.

01/20/2023 23-04-012 Katie Taylor
392-210

Honors Awards Program: Amends the process and procedures for the program, including updates to the process by which students are identified as being eligible for the Award, expanded testing and assessment options to be considered for qualification of the Award, and updates processes concerning notifications and award certificates. Repeals sections which are already identified in RCW or WAC.

11/30/2022 22-24-031 Tony May
392-410 and 392-121

Elective Credit for Paid Work Experience: In alignment with Substitute House Bill 1658 (2023), the new and amended rules provide for consistent implementation of elective high school credit for paid work experience. The rules clarify definitions and provide for consistent application of funding calculations and reporting requirements. The rules are intended to ensure that local education agencies increase access to elective credit for paid work experiences in an equitable way, honoring the value of work.

07/31/2023 23-16-093 Becky Wallace

CR 103E Emergency Adoption

WAC Chapter Description Filing Date WA Register Agency Contact
392-121-436; 392-121-438; 392-121-443

Apportionment Advances (emergency rules): The purpose of this emergency rulemaking is to extend the apportionment advance request and payout periods for school districts and charter schools, and to establish requirements for repayment assurance and apportionment advance repayment schedules for funds received. As a result of enrollment declines, expiring access to federal COVID relief, unanticipated rise in uncontrollable costs, and other unforeseen events, many districts have experienced unprecedented financial difficulties. Extending the apportionment request, payout, and repayment periods would allow districts to access funds that are essential for the continuity of operations, maintenance, and other education services.  

04/18/2024 24-10-006 T.J. Kelly
392-121; 392-122; 392-425 (new sections-tbd)

Transition to Kindergarten (emergency rules): In alignment with SHB 1550, passed by the Washington State Legislature in 2023, the emergency rules establish the transition to kindergarten program. The rules provide for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program for the 2023-2024 school year. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking concerning transition to kindergarten programs. The permanent rules are anticipated to be effective by the 2024-2025 school year.

11/27/2023 23-24-004 Samantha Bowen
392-121; 392-122; 392-425 (new sections-tbd)

Transition to Kindergarten (emergency rules): In alignment with SHB 1550, passed by the Washington State Legislature in 2023, the emergency rules establish the transition to kindergarten program. The rules provide for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program for the 2023-2024 school year. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking concerning transition to kindergarten programs. The permanent rules are anticipated to be effective by the 2024-2025 school year.

03/25/2024 24-08-020 Samantha Bowen
392-121; 392-122; 392-425 (new sections-tbd)

Transition to Kindergarten (emergency rules): In alignment with SHB 1550, passed by the Washington State Legislature in 2023, the emergency rules establish the transition to kindergarten program. The rules provide for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program for the 2023-2024 school year. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking concerning transition to kindergarten programs. The permanent rules are anticipated to be effective by the 2024-2025 school year.

07/22/2024 24-15-101 Samantha Bowen
392-123

District Budgeting (Binding Conditions) (emergency rules): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, the emergency rules exempt school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130.

03/18/2024 24-07-078 T.J. Kelly
392-123

District Budgeting (Binding Conditions) (emergency rules): In alignment with ESSB 5293, passed by the Washington State Legislature in 2023, the emergency rules exempt school districts and charter schools for the 2024-2025 and 2025-2026 budget periods from accepting binding conditions when the proceeds of an interfund loan have been used to balance deficit fund balances. The rules allow this exemption in order to address budget destabilization in the aftermath of the COVID-19 pandemic, which is consistent with the purpose described under ESSB 5293 (2023) and RCW 28A.505.130.

07/15/2024 24-15-046 T.J. Kelly
392-169, 392-121-123, 392-121-136

Running Start (emergency rules):  Amends rules in alignment with HB 1316 (2023) to provide for funding, reporting, and administration of participating student’s enrollment in Running Start courses. OSPI will also conduct permanent rulemaking concerning Running Start.

09/13/2023 23-19-033 Becky McLean
392-169, 392-121-123, 392-121-136

Running Start (emergency rules): The purpose of this emergency rulemaking is to expand access to running start in alignment with HB 1316 (2023). The rules provide for funding, reporting, and administration of participating student’s enrollment in running start courses. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking.

01/10/2024 24-03-047 Tim McClain
392-169, 392-121-123, 392-121-136

Running Start (emergency rules): The purpose of this emergency rulemaking is to expand access to running start in alignment with HB 1316 (2023). The rules provide for funding, reporting, and administration of participating student’s enrollment in running start courses. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking.

05/08/2024 24-11-034 Tim McClain
392-425, 392-121, 392-122

Transition to Kindergarten (emergency rules): In alignment with SHB 1550, passed by the Washington State Legislature in 2023, the emergency rules establish the transition to kindergarten program. The rules provide for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program for the 2023-2024 school year. OSPI will also conduct permanent rulemaking concerning transition to kindergarten programs. The permanent rules are anticipated to be effective by the 2024-2025 school year.   

07/31/2023 23-16-113 Samantha Bowen
392-725

College in the High School (emergency rules): Amend rules in alignment with SB 5048 (2023) that eliminated fees for students. OSPI will also conduct permanent rulemaking concerning College in the High School.

09/13/2023 23-19-034 Tim McClain
392-725

College in the High School (emergency rules): The purpose of this emergency rulemaking is to amend College in the High School rules in alignment with SB 5048 (2023) that eliminated feeds for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking.

01/10/2024 24-03-046 Tim McClain
392-725

College in the High School (emergency rules): The purpose of this emergency rulemaking is to amend College in the High School rules in alignment with SB 5048 (2023) that eliminated feeds for students. This is a renewal of emergency rule filing as OSPI continues to conduct permanent rulemaking.

05/08/2024 24-11-033 Tim McClain

CR 105 Expedited Rulemaking

No results at this time.

Notice of Policy Statement

WAC Chapter Description Filing Date WA Register Agency Contact
N/A

Preventing and Addressing Discrimination in Student Discipline, Guidelines for Implementing Washington’s Equal Educational Opportunity Laws: Chapter 28A.640 and 28A.642 RCW and Chapter 392-190 WAC 

10/22/2019 19-21-151 Sarah Albertson

Manual Changes - Public Hearing Scheduled

WAC Chapter Description Filing Date WA Register Agency Contact
Accounting Manual for School Districts (392-123-010); Educational Service District Accounting Manual (392-125-010)

The Office of Superintendent of Public Instruction will be holding a public hearing via Zoom on Tuesday, August 27, 2024, at 10:00 a.m. PST, concerning revisions to the Accounting Manual for School Districts and the Educational Service District Accounting Manual; in accordance with WAC 392-123-010 and WAC 392-125-010, respectively.

Link to registration: https://us02web.zoom.us/meeting/register/tZUtd-moqT4qHdcUOWXCQ7ywsvsV7Jqms_DnAfter submitting the required information below, registrants will receive a confirmation e-mail with information about joining the meeting.

For questions concerning revisions to the manuals, please contact: Paul Stone, School Apportionment and Financial Services; E-mail: Paul.Stone@k12.wa.us; Mailing address: OSPI, PO Box 47200, Olympia, WAC 98504-7200

07/09/2024 24-15-017 Paul Stone