WSR 13-16-100
EMERGENCY RULES
PROFESSIONAL EDUCATOR
STANDARDS BOARD
[Filed August 7, 2013, 10:58 a.m., effective August 30, 2013]
Effective Date of Rule: August 30, 2013.
Purpose: Amends WAC 181-79A-130 and 181-79A-131 permitting certification fees to be paid through the new electronic certification system.
Citation of Existing Rules Affected by this Order: Amending WAC 181-79A-130 and 181-79A-131.
Statutory Authority for Adoption: Chapter 28A.410 RCW.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The 2011 legislature provided funding and authority for the superintendent of public instruction to advance an electronic certifications system, including collecting fees. The professional educator standards board (PESB) collects certain fees related to licensure through an agreement with the colleges of education. PESB is permitted to use the new e-cert system to collect fees. The new system begins operating on September 1, 2013. A permanent rule change will have public hearing on September 20, 2013. The emergency rule permits fees to be collected before the permanent rule change goes into effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 7, 2013.
August 7, 2013
David Brenna
Senior Policy Analyst
AMENDATORY SECTION (Amending WSR 08-12-055, filed 6/2/08, effective 7/3/08)
WAC 181-79A-130 Fee for certification.
(1) In accordance with provisions of RCW 28A.410.060 and 28A.415.010, the fee for certificates which are valid for more than one year, issued by authority of the state of Washington and authorizing the holder to serve in the common schools of the state, shall be as follows:
(a) The first issue of the residency certificate, five dollars for each year of validity;
(b) The continuing certificate, seventy dollars;
(c) The reinstatement, additional endorsement on the teaching certificate, duplicate certificates, substitute certificates, and certificates issued for the purpose of showing a name change, fifteen dollars;
(d) The first peoples' language, culture, and oral tribal traditions teacher certificate, twenty-five dollars; and
(e) Any other certificate or credential or any renewal thereof, five dollars for each year of validity:
(((f))) (i) Provided, That the fee for all career and technical education certificates shall be one dollar:
(((g))) (ii) Provided, That a one-time late fee for a renewed initial or continuing certificate issued under the provisions of WAC 181-79A-123 (7), (8), or (9) for those whose initial certificate had already expired shall be one hundred dollars.
(2) The fee for any other certificate/credential, or for any renewal thereof, issued by the authority of the state of Washington and authorizing the holder to serve in the common schools of the state, shall be five dollars.
(3) Officials authorized to collect certification fees are educational service district superintendents, ((local school district superintendents,)) deans and directors of education at colleges and universities, or their designees. Sovereign tribal governments may collect certification fees for first peoples' language, culture, and oral tribal traditions certificates. The fee must accompany the application for a certificate and shall be transmitted by the receiving district, college or university, sovereign tribal government or program unit designee at least quarterly to the educational service district within which the application is filed for disposition in accordance with provisions of RCW 28A.410.060 or to the office of the superintendent of public instruction.
(4) Beginning September 1, 2013, the office of the superintendent of public instruction may collect certification fees.
(5) The fee shall not be refunded unless the application is withdrawn before it is finally considered (i.e., the issuance of a certificate or a written communication denying such issuance) by the superintendent of public instruction or his or her designee. Fees not refunded shall apply as credit toward certificate fees if such applicant reapplies within twenty-four months of the date of denial. Moneys accrued from certification fees ((within the boundaries of an educational service district)) shall be divided in the following manner:
(a) ((Local school districts employing more than one hundred teachers and other professional staff and collecting certification fees may retain one dollar of each fee in order to hold a professional training institute. If such district does not hold an institute, all such moneys shall be placed to the credit of the educational service district.
(b))) No less than fifty percent of the funds accruing within the boundaries of an educational service district shall be used to support program activities related to statewide precertification professional preparation and evaluation.
(((c))) (b) The remaining funds shall be used to support professional in-service training programs, program evaluation and/or provision of certification services by educational service districts.
(((d) Use of certification fees described in this section shall be reported annually to the professional educator standards board pursuant to WAC 181-79A-131(6).))
AMENDATORY SECTION (Amending WSR 08-12-055, filed 6/2/08, effective 7/3/08)
WAC 181-79A-131 Use of fee for certification.
(1) Certification fees will be used solely for precertification preparation, program evaluation, professional in-service training programs, and/or provision of certification services by educational service districts in accordance with this chapter.
(2) Precertification preparation:
(a) The primary utilization shall be to support collaborative efforts essential to program development, program evaluation, and assessment of candidates' entry and exit competency.
(b) Funds set aside for precertification shall not supplant funds already available to any participating agency.
(c) Until September 1, 2013, a single educational service district ((shall)) may be designated to administer the funds allocated for precertification programs. The designated educational service district shall be permitted to retain a percentage of the precertification fees at a rate to be negotiated by the superintendent of public instruction and the educational service district for costs related to administering these funds. After September 1, 2013, the office of the superintendent of public instruction may be designated to administer the funds allocated for precertification purposes per RCW 28A.410.200(7).
(d) Each quarter, for any fees collected, every educational service district shall forward the moneys designated for precertification programs to the educational service district designated to administer such programs.
(3) Professional in-service training programs and teachers' institutes and/or workshops:
(a) ((Each educational service district, or cooperative thereof as specified in (d) of this subsection, shall establish an in-service committee composed of an educational service district representative; at least one district superintendent; one principal; one educational staff associate; one elementary, one junior high and one senior high teacher; one representative from the elementary or secondary level of private schools within the educational service district; and one representative selected by the chief administrative officer responsible for professional education from a college/university having a professional educator standards board-approved teacher education program. Teacher representatives shall be selected by agreement among the presidents of the local education associations within the respective educational service district or cooperative thereof.
(b) The educational service district representative shall serve as chairperson of the in-service committee and provide liaison with the superintendent of public instruction and the professional educator standards board.
(c) The in-service committee will be responsible for coordinating in-service/staff development model programs within the educational service district and shall submit to the superintendent of public instruction and the professional educator standards board a plan for soliciting and selecting model programs which shall include procedures for conducting needs assessments, determining priorities and carrying out program evaluation.
(d))) Beginning with the state fiscal year 2015, the professional educator standards board shall biennially issue a request for proposal to eligible in-service education agencies per WAC 181-85-045 to submit applications for funds for the purpose of offering in-service continuing education provided per reporting requirements published by the board.
(b) Cooperative agreements may be made among educational service districts to provide quality in-service education programs.
(((e))) (c) Funds designated for in-service programs shall not supplant funds already available for such programs.
(4) Provision of certification services:
(a) The primary utilization shall be to support costs associated with operating educational service district certification offices to provide direct service to educators related to certification.
(b) Funds set aside for the provision of certification services shall not supplant funds already available to any educational service district until such time as educational service districts are no longer receiving certificate fees.
(5) Allowable expenditures. Funds may be used to support costs related to training, such as the payment of professional contractual services, per diem, travel costs, materials, printing, or released time. Nonallowable costs are college/university tuition and fees.
(((6) Annual reporting. No later than July 1, the superintendent of public instruction shall prepare and present to the professional educator standards board an annual report concerning the use of certification fees for the previous fiscal year. The report shall include proposed budgets and a description of activities, in accordance with this chapter, for the upcoming fiscal year. Budgets and activities must be approved by the professional educator standards board on an annual basis.))