Sp. ed. evaluation reports

AN ACT Relating to parental access to special education 1
evaluation reports; adding a new section to chapter 28A.155 RCW; and 2
creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) The legislature finds that the federal 5
individuals with disabilities education act, 20 U.S.C. Sec. 1400 et 6
seq., requires an opportunity for the parents of a child with a 7
disability to examine all records relating to the child and to 8
participate in meetings regarding the identification, evaluation, 9
eligibility, educational placement, and provision of a free 10
appropriate public education to the child.11
(2) The legislature further finds that parents' ability to 12
participate meaningfully in eligibility determination meetings is 13
hindered when written evaluation reports and conclusions are provided 14
for the first time during or after the meeting. 15
(3) The legislature plans to require that parents receive 16
finalized evaluation reports with sufficient time to review, consult, 17
and prepare questions and input prior to meetings at which 18
eligibility decisions are discussed or determined. The legislature 19
believes this will promote consistent statewide practice, support 20
collaboration between families and school districts, and safeguard 21
H-2918.1
HOUSE BILL 2557
State of Washington 69th Legislature 2026 Regular Session
By Representatives Chase, Schmidt, Eslick, and Santos
Read first time 01/19/26. Referred to Committee on Education.
p. 1 HB 2557
meaningful participation without altering special education 1
evaluation completion timelines, eligibility standards, or services.2
NEW SECTION. Sec. 2. A new section is added to chapter 28A.155 3
RCW to read as follows: 4
(1) For any initial evaluation or reevaluation conducted to 5
determine the eligibility or continuing eligibility of a student for 6
special education services, a school district must provide the 7
student's parent or legal guardian with a copy of the evaluation 8
report no later than five school days before an eligibility meeting 9
at which the school district will review evaluation results for, or 10
discuss or determine, the student's eligibility or continuing 11
eligibility for special education services. 12
(2) The school district must provide the evaluation report in 13
written or electronic format that the parent or legal guardian can 14
access, review, and retain. Providing an evaluation report solely 15
through screen sharing, or solely by review during a meeting, does 16
not satisfy this section. 17
(3) A parent or legal guardian may voluntarily waive the timeline 18
in subsection (1) of this section in writing. A waiver is valid only 19
if it applies to the specific eligibility meeting at issue.20
(4) If the school district cannot provide the evaluation report 21
within the time frame required by subsection (1) of this section, the 22
school district must reschedule the eligibility meeting to comply 23
with this section unless the parent or legal guardian provides a 24
written waiver under subsection (3) of this section.25
(5) Failure to provide the evaluation report as required by this 26
section, absent a written waiver under subsection (3) of this 27
section, constitutes a procedural violation. In any administrative 28
review, complaint, or due process proceeding, such failure may be 29
considered as evidence relevant to whether the parent's or legal 30
guardian's opportunity to participate in the decision-making process 31
regarding the provision of a free appropriate public education to the 32
student was significantly impeded. 33
(6) The office of the superintendent of public instruction must 34
update model forms and technical assistance guidance to reflect the 35
requirements of this section. 36
(7) The office of the superintendent of public instruction may 37
adopt rules under chapter 34.05 RCW to implement this section.38
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(8) For purposes of this section, the following definitions 1
apply: 2
(a) "Evaluation report" means the set of completed written 3
evaluation materials for the student that the school district intends 4
to rely on in making or supporting an eligibility determination at 5
the eligibility meeting. 6
(b) "School day" has the same meaning as in RCW 28A.150.203.7
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p. 3 HB 2557