S-2111

AN ACT Relating to the Washington professional educator standards board; amending RCW 28A.410.020, 28A.410.040, 28A.410.050, 28A.410.060, 28A.410.100, 28A.410.120, and 28A.305.130; reenacting and amending RCW 28A.410.010; adding new sections to chapter 28A.410 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. INTENT. The legislature finds and declares:

(1) Public school educators and administrators should be afforded the decision-making authority over preparation, licensing, and standards of their practice, a responsibility long held by members of other professions including law, medicine, nursing, engineering, and real estate;

(2) Creation of a public, rule-making body whose sole focus is educator preparation, licensure, assessment, and standards of practice will bring greater public focus and attention to the profession;

(3) Professional educator standards boards are consumer protection boards, establishing policies to ensure the public that its practitioners are competent;

(4) The highest possible standards for all educators are essential in ensuring attainment of high standards by all students;

(5) Professional educator standards boards in other states have increased the rigor of standards for preparation, admission to, and continuation in the profession; and

(6) Professional educator standards boards are responsible to their state legislatures, and thus to all citizens.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.410 RCW to read as follows:

WASHINGTON PROFESSIONAL EDUCATOR STANDARDS BOARD. (1) The Washington professional educator standards board is created, consisting of sixteen members to be appointed by the governor to four-year terms. No person may serve as a member of the board for more than two consecutive full terms.

(2) Seven of the members shall be public school teachers, one shall be a private school teacher, two shall represent higher education educator preparation programs, three shall be public school administrators, one shall be a parent, and one shall be a member of the public. The superintendent of public instruction shall be an ex officio, nonvoting member.

(3) Public school teachers appointed to the board must:

(a) Have at least three years' teaching experience in a Washington public school;

(b) Be currently certificated and actively employed in a teaching position; and

(c) Include one teacher currently teaching at the elementary school level, one at the middle school level, and one at the high school level.

(4) Appointees from higher education educator preparation programs must include one representative from an institution of higher education as defined in RCW 28B.10.016 and one representative from a Washington private institution of higher education.

(5) School administrators appointed to the board must:

(a) Have at least three years' administrative experience in a Washington public school district;

(b) Be currently certificated and actively employed in a school administrator position; and

(6) In appointing the initial members of the board, it is the intent of the legislature that, to the extent possible, the governor appoint the existing members of the Washington advisory council for professional teaching standards. The governor may appoint initial members of the board to staggered terms of from one to four years. Thereafter, all members shall be appointed to four-year terms. Members of the board shall hold office until their successors are appointed.

(7) The governor shall appoint the members of the board from a list of qualified nominees submitted to the governor by the organizations representative of the constituencies of the board. The Washington education association shall submit nominations to the governor for qualified teachers to serve on the board. The association of Washington school principals and the Washington association of school administrators shall nominate school administrators. The Washington association of colleges of teacher education shall nominate representatives from teacher preparation institutions.

(8) Board members shall represent the racial, geographic, and gender diversity of the state.

(9) Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.030.060.

(10) The governor may remove a member of the board for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member.

(11) If a vacancy occurs on the board, the governor shall appoint a replacement member from nominees as specified in subsection (7) of this section to fill the remainder of the unexpired term.

(12) Members of the board shall hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes only.

(13) Members of the board are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the board.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.410 RCW to read as follows:

POWERS AND DUTIES OF THE BOARD. In addition to any other powers and duties as provided by law, the Washington professional educator standards board shall:

(1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education in Washington state that may be accredited and whose graduates may become entitled to receive such certification;

(2) Every five years beginning in 2004, conduct a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates;

(3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education as defined in RCW 28B.10.016 relative to such certification as provided for in subsection (1) of this section, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates;

(4)(a) Adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter;

(b) Require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the institution of higher education at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the Washington professional educator standards board and shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established under this section, the teacher preparation programs of the institution of higher education where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience;

(5) Supervise the issuance of such certificates as provided for in subsection (1) of this section and specify the types and kinds of certificates necessary for the several departments of the common schools by rule in accordance with RCW 28A.410.010.

(6) Adopt rules for nontraditional educator preparation programs;

(7) Issue and renew teaching certificates;

(8) Adopt a professional code of ethics;

(9) Select and evaluate the executive director and administrative assistant to the board;

(10) Establish criteria and enter into agreements with other states to acquire reciprocal approval of teacher preparation programs and certification, including certification from the national board for professional teaching standards;

(11) Apply for and receive federal or other funds on behalf of the state for purposes related to the duties of the board;

(12) Adopt any rules necessary to implement this chapter. Any rules adopted by the board pertaining directly to the preparation, assessment, certification, and standards of practice of administrators shall require the approval of the majority of administrators on the board;

(13) Maintain data and submit annual reports to the governor, the legislature, and the superintendent of public instruction concerning employment trends, teacher supply and demand data by certificate, the quality of the professional preparation programs, and other data deemed relevant by the board; and

(14) Submit to the governor, the legislature, and the superintendent of public instruction each year a report detailing the findings and activities of the board and including any recommendations developed by the board.

NEW SECTION. Sec. 4. (1) All powers, duties, and functions of the state board of education pertaining to establishing and maintaining standards and processes for approving college, university, and school district programs for the preparation of educators and administrators, and educator and administrator assessment, certification, and standards of practice are transferred to the Washington professional educator standards board. All references to the state board of education in the Revised Code of Washington shall be construed to mean the Washington professional educator standards board when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state board of education pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington professional educator standards board.

(b) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All rules and all pending business before the state board of education pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington professional educator standards board. All existing contracts and obligations shall remain in full force and shall be performed by the Washington professional educator standards board.

(4) The transfer of the powers, duties, and functions of the state board of education shall not affect the validity of any act performed before the effective date of this section.

Sec. 5. RCW 28A.410.010 and 1992 c 159 s 3 and 1992 c 60 s 2 are each reenacted and amended to read as follows:

The ((~~state board of education~~)) Washington professional educator standards board shall establish, publish, and enforce rules ((~~and regulations~~)) determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application.

In establishing rules pertaining to the qualifications of instructors of American sign language the ((~~state~~)) board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.

The superintendent of public instruction shall act as the administrator of any such rules ((~~and regulations~~)) and have the power to issue any certificates or permits and revoke the same in accordance with board rules ((~~and regulations~~)).

Sec. 6. RCW 28A.410.020 and 1996 c 309 s 1 are each amended to read as follows:

(1) No person may be admitted to a professional teacher preparation program within Washington state without first demonstrating by one of the following options that he or she is competent in the basic skills required for oral and written communication, reading, and computation:

(a) Successful completion of an examination in the basic skills required for oral and written communication, reading, and computation; or

(b) Completion of a baccalaureate degree program; or

(d) Completion of two or more years of college level course work and demonstrated basic skills competency through college level course work and a written essay; or

(e) Earning a combined score of more than the state-wide median score for the prior school year scored by all persons taking tests of general achievement selected by the ((~~state board of education~~)) Washington professional educator standards board.

(2) The ((~~state board of education~~)) Washington professional educator standards board shall adopt rules to implement this section.

Sec. 7. RCW 28A.410.040 and 1992 c 141 s 101 are each amended to read as follows:

The ((~~state board of education~~)) Washington professional educator standards board shall adopt rules providing that, except as provided in this section, all individuals qualifying for an initial-level teaching certificate after August 31, 1992, shall possess a baccalaureate degree in the arts, sciences, and/or humanities and have fulfilled the requirements for teacher certification pursuant to RCW 28A.305.130 (1) and (2). However, candidates for grades preschool through eight certificates shall have fulfilled the requirements for a major as part of their baccalaureate degree. If the major is in early childhood education, elementary education, or special education, the candidate must have at least thirty quarter hours or twenty semester hours in one academic field.

Sec. 8. RCW 28A.410.050 and 1992 c 141 s 102 are each amended to read as follows:

The ((~~state board of education~~)) Washington professional educator standards board shall develop and adopt rules establishing baccalaureate and masters degree equivalency standards for vocational instructors performing instructional duties and acquiring certification after August 31, 1992.

Sec. 9. RCW 28A.410.060 and 1990 c 33 s 407 are each amended to read as follows:

The fee for any certificate, or any renewal thereof, issued by the authority of the state of Washington, and authorizing the holder to teach or perform other professional duties in the public schools of the state shall be not less than one dollar or such reasonable fee therefor as the ((~~state board of education~~)) Washington professional educator standards board by rule ((~~or regulation~~)) shall deem necessary therefor. The fee must accompany the application and cannot be refunded unless the application is withdrawn before it is finally considered. The educational service district superintendent, or other official authorized to receive such fee, shall within thirty days transmit the same to the treasurer of the county in which the office of the educational service district superintendent is located, to be by him or her placed to the credit of said school district or educational service district: PROVIDED, That if any school district collecting fees for the certification of professional staff does not hold a professional training institute separate from the educational service district then all such moneys shall be placed to the credit of the educational service district.

Such fees shall be used solely for the purpose of precertification professional preparation, program evaluation, and professional in-service training programs in accord with rules ((~~and regulations~~)) of the ((~~state board of education herein~~)) Washington professional educator standards board authorized under this chapter.

Sec. 10. RCW 28A.410.100 and 1992 c 159 s 6 are each amended to read as follows:

Any teacher whose certificate to teach has been questioned under RCW 28A.410.090 shall have a right to be heard by the issuing authority before his or her certificate is revoked. Any teacher whose certificate to teach has been revoked shall have a right of appeal to the ((~~state board of education~~)) Washington professional educator standards board if notice of appeal is given by written affidavit to the board within thirty days after the certificate is revoked.

An appeal to the ((~~state board of education~~)) Washington professional educator standards board within the time specified shall operate as a stay of revocation proceedings until the next regular or special meeting of ((~~said~~)) the board and until the board's decision has been rendered.

Sec. 11. RCW 28A.410.120 and 1990 c 33 s 411 are each amended to read as follows:

Notwithstanding any other provision of this title, the ((~~state board of education~~)) Washington professional educator standards board or superintendent of public instruction shall not require any professional certification or other qualifications of any person elected superintendent of a local school district by that district's board of directors, or any person hired in any manner to fill a position designated as, or which is, in fact, deputy superintendent, or assistant superintendent.

Sec. 12. RCW 28A.305.130 and 1997 c 13 s 5 are each amended to read as follows:

In addition to any other powers and duties as provided by law, the state board of education shall:

(1) ((Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

(2) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.

(3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) above, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

(4)(a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter.

(b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.

(5) Supervise the issuance of such certificates as provided for in subsection (1) above and specify the types and kinds of certificates necessary for the several departments of the common schools by rule or regulation in accordance with RCW 28A.410.010.

~~(6)~~)) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the board.

((~~(7)~~)) (2) Make rules ((~~and regulations~~)) governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.

((~~(8)~~)) (3) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

((~~(9)~~)) (4) Continuously reevaluate courses and adopt and enforce ((~~regulations~~)) rules within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system.

((~~(10)~~)) (5) Carry out board powers and duties relating to the organization and reorganization of school districts under RCW 28A.315.010 through 28A.315.680 and 28A.315.900.

((~~(11)~~)) (6) By rule ((~~or regulation promulgated~~)) adopted upon the advice of the chief of the Washington state patrol, through the director of fire protection, provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands, and without confusion or panic; such rules ((~~and regulations~~)) shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school.

((~~(12)~~)) (7) Hear and decide appeals as otherwise provided by law.

The state board of education is given the authority to promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.

NEW SECTION. Sec. 13. CAPTIONS NOT LAW. Captions used in this act are not any part of the law.