students eligible for special education services have rights regarding the
protection of the confidentiality of any personally identifiable information
collected, used, or maintained under WAC
the Family Educational Rights and Privacy Act of 1974, as amended, state laws
contained in Title 28A RCW that address personally identifiable information,
regulations implementing state law, and Part B of IDEA.
(2) State forms, procedural safeguards and
parent handbooks regarding special education services are available in multiple
languages, and alternate formats upon request.
Personally identifiable information about
students for use by the OSPI special education division, may be contained in
state complaints, due process hearing requests and decisions, monitoring,
safety net applications, and mediation agreements. The state may also receive
personally identifiable information as a result of grant evaluation
performance. This information is removed before forwarding information to other
agencies or individuals requesting the information, unless the parent or adult
student consents to release the information or the information is allowed to be
released without parent consent under the regulations implementing the Family
Educational Rights and Privacy Act, 34 C.F.R. Part 99
(4) School districts are responsible for
child find activities for students who may be eligible for special education
services. If the state were to conduct any major identification, location, or
evaluation activity, the state would publish notices in newspapers with
circulation adequate to notify parents throughout the state of the activity,
notify school districts and post information on its website.
Wash. Admin. Code §
17-23-054, Filed 11/9/2017, effective
21-19-065, Filed 9/14/2021, effective
28A.155.090 and 34 C.F.R. Part 300. WSR
13-20-034, 392-172A-05185, filed 9/24/13, effective 10/25/13. Statutory
28A.155.090(7) and 42 U.S.C.
1400 et. seq. WSR 07-14-078, 392-172A-05185, filed 6/29/07, effective 7/30/07.
WSR 13-20-001, § 392-172A-05185, filed 9/18/2013, effective