What the WAC? 

Shannon Sankstone

The Washington Administrative Code, affectionately known as “The WAC,” is the rule of the land in Thurston County and the Evergreen State. It is the collective name for all state-level regulations, including those for special education.  

Why You Should Give a WAC about 'The WAC'

“When I read the Procedural Safeguards,” said a foster parent of a child with an IEP (Individualized Educational Plan), “I didn’t know that Yelm had to follow state laws. I thought it was only the federal government.”

This is a common misunderstanding. Parents often mistake the Individuals with Disabilities Education Act, or IDEA, as the strongest, most protective law for their child’s education. Rather, IDEA sets a minimum and WAC 392-172A clarifies and strengthens special education regulations within our state. Understand the WAC, and you understand your rights and responsibilities. What’s more, you know your child’s rights and the school’s responsibilities. 

Protection from the rain 

Think of it as an umbrella. IDEA provides the smallest protection. The WAC clarifies and expands that protection, and each school district, and school, can increase benefits and protections.

In Yelm, the foster parent (who requested her name not be included) learned that not only does the WAC require school districts to complete evaluations for special education more quickly than IDEA, but also requires evaluations to be expedited for foster children.

“It made all the difference. Our foster son got an IEP because it had to be done quickly,” she said. 

There’s a WAC for that 

Think the WAC is the realm of (gulp) due process and lawyers? It’s not. The WAC is written in easy to understand language and is, really, your best friend when advocating.  I’ll give some examples: 

1. Your school is hemming and hawing, saying they can’t evaluate your child because there are five school days left in the school year… Oh really? Look up the definition of a day… it might surprise you.
2.  Not sure if your child should be in extended school year? The WAC can answer that. 
3. Want more general education time for your child? Your question, then, should be, “Why was my child removed from the least restrictive environment to begin with?” 

Friends, the WAC is your friend. 

Advocacy strategies 

Parents who know the WAC, own the IEP meeting. To begin advocating using the WAC, I encourage you to take these three steps: 

• Make the IEP meeting a party! The WAC encourages you to invite “individuals who have knowledge or special expertise regarding the student.” 

• Study the definitions. Many times, having a clear understanding of a definition can improve the development of an IEP. 

• Know the timelines. Schools are under pressure to be “compliant,” which usually means meeting deadlines. 

Words of caution 

I’m not a lawyer. This isn’t legal advice. You are (probably) not a lawyer. When I am drafting communication for my families, I always reference the language of The WAC, rather than cite it. In this way, I am putting the school on notice that I know my stuff and can use it to benefit my families (and my own child). 

Homework 

This week, I invite you to fall in love with The WAC. It is a marvelously useful bit of knowledge to have, and it is my personal happiness to connect you.

First, take a sturdy browse through of all the sections that can help you and your child. Next, list one or two problems or questions you have and search for the relevant section in the index.  

AI can help, but it also hallucinates and lies. Be skeptical of the digital demigod and check each response against the actual WAC section. Try this prompt: 

I am researching special education regulations in Washington state. I would like to better understand what The WAC says about (add one issue). Provide a citation of the relevant sections, and make sure to include definitions if necessary. Summarize the information in language a 12-year-old could understand. 

Next week

Got a question? Ask an Advocate will answer it! Email me! 

Shannon Sankstone is an Olympia-based special education advocate and the owner of Advocacy Unlocked. She may be reached at ShannonSankstone@theJOLTnews.com.