wa-law.org > bill > 2025-26 > HB 2557 > Original Bill
The legislature finds that the federal individuals with disabilities education act, 20 U.S.C. Sec. 1400 et seq., requires an opportunity for the parents of a child with a disability to examine all records relating to the child and to participate in meetings regarding the identification, evaluation, eligibility, educational placement, and provision of a free appropriate public education to the child.
The legislature further finds that parents' ability to participate meaningfully in eligibility determination meetings is hindered when written evaluation reports and conclusions are provided for the first time during or after the meeting.
The legislature plans to require that parents receive finalized evaluation reports with sufficient time to review, consult, and prepare questions and input prior to meetings at which eligibility decisions are discussed or determined. The legislature believes this will promote consistent statewide practice, support collaboration between families and school districts, and safeguard meaningful participation without altering special education evaluation completion timelines, eligibility standards, or services.
For any initial evaluation or reevaluation conducted to determine the eligibility or continuing eligibility of a student for special education services, a school district must provide the student's parent or legal guardian with a copy of the evaluation report no later than five school days before an eligibility meeting at which the school district will review evaluation results for, or discuss or determine, the student's eligibility or continuing eligibility for special education services.
The school district must provide the evaluation report in written or electronic format that the parent or legal guardian can access, review, and retain. Providing an evaluation report solely through screen sharing, or solely by review during a meeting, does not satisfy this section.
A parent or legal guardian may voluntarily waive the timeline in subsection (1) of this section in writing. A waiver is valid only if it applies to the specific eligibility meeting at issue.
If the school district cannot provide the evaluation report within the time frame required by subsection (1) of this section, the school district must reschedule the eligibility meeting to comply with this section unless the parent or legal guardian provides a written waiver under subsection (3) of this section.
Failure to provide the evaluation report as required by this section, absent a written waiver under subsection (3) of this section, constitutes a procedural violation. In any administrative review, complaint, or due process proceeding, such failure may be considered as evidence relevant to whether the parent's or legal guardian's opportunity to participate in the decision-making process regarding the provision of a free appropriate public education to the student was significantly impeded.
The office of the superintendent of public instruction must update model forms and technical assistance guidance to reflect the requirements of this section.
The office of the superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section.
For purposes of this section, the following definitions apply:
"Evaluation report" means the set of completed written evaluation materials for the student that the school district intends to rely on in making or supporting an eligibility determination at the eligibility meeting.
"School day" has the same meaning as in RCW 28A.150.203.