Section 392-172A-01010 - Applicability(1)(a) The provisions of this chapter apply to all political subdivisions and public institutions of the state that are involved in the education of students eligible for special education services, including: (i) The office of superintendent of public instruction (OSPI) to the extent that it receives payments under Part B and exercises supervisory authority over the provision of the delivery of special education services by school districts and other public agencies;(ii) School districts, charter schools, educational service agencies, and educational service districts; and(iii) State residential education programs established and operated pursuant to chapter 28A.190 RCW, the Washington state school for the blind and the Washington center for deaf and hard of hearing youth established and operated pursuant to chapter 72.40 RCW, and education programs for juvenile inmates established and operated pursuant to chapters 28A.193 and 28A.194 RCW; and(b) Are binding on each public agency or public institution in the state that provides special education and related services to students eligible for special education services, regardless of whether that agency is receiving funds under Part B of the act.(2) Each school district, charter school, and educational service agency is responsible for ensuring that the rights and protections under Part B of the act are given to students eligible for special education services who are referred to or placed in private schools and facilities by that public agency under the provisions of WAC 392-172A-04080 through 392-172A-04110.(3) Each school district and educational service agency is responsible for ensuring that the rights and protections under Part B of the act are given to students eligible for special education services who are placed in private schools by their parents under the provisions of WAC 392-172A-04000 through 392-172A-04060.Wash. Admin. Code § 392-172A-01010
Amended by WSR 21-19-065, Filed 9/14/2021, effective 10/15/2021Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300 . WSR 13-20-034, § 392-172A-01010, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-01010, filed 6/29/07, effective 7/30/07. WSR 13-20-001, § 392-172A-01010, filed 9/18/2013, 2:26 p.m., effective 10/19/2013