Washington Administrative Code Title 392 - Public Instruction, Superintendent of
Overview of WAC Title 392 – Public Instruction, Superintendent of
The Washington Administrative Code (WAC) Title 392 consists of administrative rules adopted by the Office of Superintendent of Public Instruction (OSPI). OSPI is the state agency responsible for supervising K-12 public education, including setting policies, rules, and guidelines that public schools in Washington State must follow.
Purpose of Title 392
WAC Title 392 provides regulations governing the administration of public education in Washington State. This includes:
Standards for curriculum and instruction
Certification of teachers and educational personnel
Student rights and responsibilities
School district governance and accountability
Funding and financial administration
Compliance with federal and state laws on education
Key Areas Covered by WAC Title 392
Teacher Certification and Professional Standards (Chapters 392-121 to 392-172)
Sets requirements for teacher certification and continuing education.
Includes disciplinary rules and procedures for certification.
Curriculum and Instruction Standards (Various chapters)
Defines what subjects and courses are mandatory.
Sets requirements for special education, bilingual education, and other programs.
Student Rights and Discipline (e.g., WAC 392-400)
Procedures for student discipline and appeals.
Ensures due process rights for students.
School District Governance (Various chapters)
Rules for school board operations.
Requirements for school district financial management.
Accountability and Assessment
Establishes standards for state testing and performance measures.
Role of the Superintendent of Public Instruction
The Superintendent is a constitutional officer in Washington State, elected by voters, responsible for implementing education laws and policies, enforcing rules under WAC Title 392, and overseeing OSPI operations.
Detailed Example: Teacher Certification and Discipline (WAC 392-121)
Teachers must meet specific educational and professional standards.
OSPI issues teaching certificates after verifying qualifications.
If a teacher violates professional standards or ethics, OSPI may initiate disciplinary actions such as suspension or revocation of the teaching certificate.
Teachers have the right to hearings and appeals, providing due process protections.
Relevant Case Law Interpreting WAC Title 392
Case law helps clarify how courts interpret these administrative rules and the scope of the Superintendent’s authority:
1. Seattle School Dist. No. 1 v. State, 90 Wn.2d 476 (1978)
Issue: The case involved school funding and the State’s responsibility for public education.
Significance: The Washington Supreme Court held that education is a fundamental state responsibility and the state must adequately fund and regulate public schools.
Connection: This case underpins the authority of OSPI and the Superintendent to promulgate rules under Title 392 to ensure compliance with state constitutional obligations.
2. In re Disciplinary Proceeding Against Griffiths, 110 Wn.2d 114 (1988)
Issue: A teacher’s certification was challenged due to misconduct.
Significance: The court upheld OSPI’s authority to discipline teachers for professional misconduct under WAC rules, emphasizing the need to protect students and maintain professional standards.
Connection: Clarifies procedural due process requirements for teachers facing disciplinary action under WAC Title 392.
3. M.E. v. Camas School Dist., 130 Wn.2d 145 (1996)
Issue: Student discipline and due process rights under WAC regulations.
Significance: The court confirmed that schools must follow procedural safeguards in student suspensions and expulsions.
Connection: Supports WAC provisions relating to student discipline overseen by the Superintendent.
Summary
WAC Title 392 contains detailed rules that govern all aspects of public K-12 education in Washington, under the authority of the Superintendent of Public Instruction.
The Superintendent’s office implements these rules to ensure quality education, fair discipline, certified teaching staff, and accountable school districts.
Courts have upheld the Superintendent’s regulatory authority and emphasized the constitutional obligation to provide adequate public education.
Both teacher certification and student discipline procedures under WAC Title 392 are subject to due process requirements, protecting rights of teachers and students.
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