Major Revisions Proposed to Washington State Special Education Rules

On October 14, 2025, the Washington State Office of Superintendent of Public Instruction (“OSPI”) shared that it is considering amendments to current sections of and/or additions of new sections to the Washington Administrative Code (“WAC”) regarding special education. OSPI has outlined the following items under consideration:

1. Address changes to the age of eligibility in accordance with Substitute Senate Bill (SSB) 5253 (2025). Previously, Washington state law required that students be provided with a free appropriate public education between the ages of 3 and 21. In response to a declaratory judgment, SSB 5253 extends an appropriate educational opportunity for all students with disabilities to the end of the school year in which the student turns 22 years old.
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). E2SSB 5315 amends Revised Code of Washington (RCW) 28A.155.090 to add a provision to establish standards for authorizing, monitoring, and investigating private schools that contract with school districts to provide special education and related services.
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 RCW and WAC, and other rule changes that are technical in nature.

This is the first formal step in the rule-making process under Washington state law and draft revisions have not yet been proposed. Those interested in participating in the rule-making process can contact OSPI. More information can be found here: https://ospi.k12.wa.us/policy-funding/ospi-rulemaking-activity