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SB 5315

Concerning nonpublic agencies operating special education programs for students with disabilities.

2023-2024 Regular Session Introduced by Andy Billig and 8 co-sponsors

OSPI gains authority to approve, monitor, and sanction private nonpublic agencies and schools that contract to provide special education, ensuring FAPE/IDEA rights and oversight.

Effective date 7/23/2023.
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Bill Summary · SB 5315

Summary — SB 5315 (2023): Nonpublic agencies operating special education programs for students with disabilities

Status: Enacted (Chapter 436, 2023 Laws). Approved by Governor 5/11/2023. Effective date: 7/23/2023.
Primary changes amend RCW 28A.155.060, 28A.155.090, and related sections and add new statutory provisions governing nonpublic agencies/education centers that provide special education under contract with school districts.

Main purpose

To codify and expand the Office of the Superintendent of Public Instruction’s (OSPI/SPI) authority and duties to authorize, monitor, investigate, and set standards for private (in‑state and out‑of‑state) entities that contract with school districts to provide special education and related services to students with disabilities. The statute implements federal IDEA monitoring requirements and seeks to ensure that students placed in nonpublic agencies receive the same rights, protections, and access to services as if served by their district.

Key provisions and requirements

  • Codifies SPI/OSPI duty and authority to establish standards to approve, authorize, monitor, and investigate:
    • private schools approved by the State Board of Education,
    • other private in‑state entities, and
    • out‑of‑state entities that contract with school districts to provide special education services.
  • Definitions: clarifies terms used such as “nonpublic agency,” “nonpublic agency school,” and “education center” (various versions use these terms).
  • Application and approval:
    • OSPI must create an approval/application process.
    • Approval periods: nonpublic agency schools (SBE‑approved private schools) may be approved up to 5 years; other nonpublic agencies up to 3 years.
    • OSPI must perform an on‑site visit before approval.
  • Master contract / required contract elements (minimums):
    • Administrative and financial agreements and recordkeeping provisions.
    • Listing of qualified staff and copies of credentials/licenses.
    • Financial safeguards and accounting to track revenues/expenditures tied to placements.
    • Data‑collection and reporting duties (including IDEA data, restraint/isolation, discipline).
    • Compliance with emergency response, isolation/respite/restraint protocols per IEP and state law.
    • Notification obligations for program, staffing, or facility changes.
    • Acknowledgement to comply with applicable state and federal law.
  • Monitoring and oversight:
    • Joint initial on‑site visit by OSPI and contracting district; annual on‑site visits required (district must conduct at least one per year; OSPI also empowered to inspect/monitor).
    • OSPI may suspend, revoke, or refuse to renew approvals or contracts for noncompliance, rights violations, or refusal to implement corrective action.
    • School districts remain responsible under IDEA for ensuring a Free Appropriate Public Education (FAPE) for placed students.
  • Transparency and accountability:
    • OSPI must report annually to the Legislature on student placements at authorized entities and post the report online.
    • School districts contracting with authorized entities must report suspected overbilling or reimbursement concerns to OSPI and the State Auditor.
    • The State Auditor is directed to conduct a performance audit of the authorization/monitoring system for authorized entities and report (timing and scope specified in bill language/implementing documents).
  • Other protections: staffing, health & safety, criminal background checks, nondiscrimination, financial stability demonstrations.

Who is affected

  • OSPI/SPI — new/clarified statutory duties for authorization, monitoring, reporting, and enforcement.
  • School districts — must use the master contract, conduct on‑site visits, maintain oversight, notify OSPI of changes, and report overbilling concerns.
  • Nonpublic agencies, education centers, and approved private schools (in‑state and out‑of‑state) — subject to application, approval, monitoring, contract standards, and potential suspension/revocation.
  • Students with disabilities and families — intended outcome: strengthened protections, rights, and transparency for students placed outside their district.

Timeline / procedural notes

  • Enacted May 11, 2023; effective July 23, 2023.
  • OSPI required to implement rules and processes consistent with federal IDEA obligations (monitoring, parent questionnaires, on‑site visits, enforcement actions).
  • Performance audit of the oversight system was scheduled in bill language (reports and deadlines specified in implementing text).

Practical impact

  • Raises regulatory and accountability standards for private providers and contracting districts, likely increasing administrative/compliance responsibilities (and potential costs) for nonpublic agencies and districts.
  • Enhances OSPI oversight and public transparency aimed at protecting students’ IDEA rights when served outside district-operated schools.

Compiled from official sources — confirm details with the bill’s official record.

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