Washington Special Education Requirements
What special education requirements does Washington have beyond federal law?
Washington State has several special education requirements that exceed the federal IDEA baseline or represent unique state-specific provisions. The most significant are: (1) The 35 school-day evaluation timeline — Washington requires completion within 35 school days of parental consent (WAC 392-172A-03005), significantly stricter than the federal 60-calendar-day standard; (2) The 25 school-day referral decision window — districts must decide whether to evaluate within 25 school days of a referral (WAC 392-172A-03005); (3) IEP in effect within 30 calendar days of eligibility determination (WAC 392-172A-03100); (4) The IEP-High School and Beyond Plan alignment requirement — Washington uniquely requires IEP transition goals to align with the student's High School and Beyond Plan (WAC 392-172A-03090(1)(k)); (5) Washington uses 'Emotional/Behavioral Disability' rather than the federal 'Emotional Disturbance' (WAC 392-172A-01035); (6) Comprehensive restraint/isolation law under RCW 28A.600.485 including same-day verbal notification and 5-business-day written notification to parents, and an explicit prohibition on prone restraint; (7) One-party recording consent (RCW 9.73.030) — parents may record IEP meetings without notifying others; (8) The IEE 15-day response window (WAC 392-172A-05005); (9) Washington requires FAPE for students who are suspended or expelled (WAC 392-172A-02000(4)); (10) The N.D. v. Reykdal settlement (2023) requires OSPI to provide FAPE to certain students through age 22; and (11) OSPI operates 9 regional Educational Service Districts (ESDs) and the Inclusionary Practices Technical Assistance Network (IPTN) to support inclusive, data-driven special education.
What Washington Requires
35 school-day evaluation timeline from parental consent — significantly stricter than the federal 60-calendar-day standard (WAC 392-172A-03005).
25 school-day window for districts to decide whether to evaluate after a referral (WAC 392-172A-03005).
IEP in effect within 30 calendar days of initial eligibility determination (WAC 392-172A-03100).
IEP transition goals must align with the student's High School and Beyond Plan — a Washington-unique requirement (WAC 392-172A-03090(1)(k)).
Washington uses 'Emotional/Behavioral Disability' rather than the federal 'Emotional Disturbance' (WAC 392-172A-01035).
Comprehensive restraint/isolation law: same-day verbal parent notification, written notification within 5 business days, prone restraint prohibited, staff reports within 2 business days, and annual district reporting to OSPI (RCW 28A.600.485).
One-party recording consent: parents may record IEP meetings without advance notice to other participants (RCW 9.73.030).
IEE 15-day district response deadline (WAC 392-172A-05005).
FAPE must be provided to suspended or expelled students (WAC 392-172A-02000(4)).
N.D. v. Reykdal settlement (2023) requires OSPI to provide FAPE to certain students through age 22.
Key Timelines
35 school days: evaluation completion from parental consent (WAC 392-172A-03005).
25 school days: referral decision from receipt of referral (WAC 392-172A-03005).
30 calendar days: IEP in effect after eligibility determination (WAC 392-172A-03100).
Same business day: verbal parent notification of restraint/isolation incident (RCW 28A.600.485).
5 business days: written parent notification of restraint/isolation incident (RCW 28A.600.485).
15 days: district response to IEE request (WAC 392-172A-05005).
Age 16: transition planning begins (WAC 392-172A-03090(1)(k)).
Age 18: parental rights transfer to student (WAC 392-172A-05135).
Age 21: FAPE eligibility ends (WAC 392-172A-02000), extended to age 22 for certain students (N.D. v. Reykdal).