Date of Adoption: August 25, 2000.

Purpose: This amendment extends from three to five the number of years a teacher assigned to teach special education waiver would have in order to qualify for the special education endorsement.

Citation of Existing Rules Affected by this Order: Amending WAC 180-82-110.

Statutory Authority for Adoption: RCW 28A.150.220(4), 28A.305.130(1), 28A.410.018.

Adopted under notice filed as WSR 00-15-089 on July 19, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

August 31, 2000

Larry Davis

Executive Director

OTS-4036.1

AMENDATORY SECTION(Amending WSR 99-04-008, filed 1/21/99, effective 2/21/99)

WAC 180-82-110
Exceptions to classroom teacher assignment policy.

Exceptions to the classroom teacher assignment policy specified in WAC 180-82-105 shall be limited to the following:

     (1) Upon determination by school districts that teachers have the competencies to be effective teachers in areas other than their endorsed areas, individuals with initial, residency, endorsed continuing, or professional teacher certificates who have completed provisional status with a school district under RCW 28A.405.220 may be assigned to classes other than in their areas of endorsement. If teachers are so assigned, the following shall apply:

     (a) A designated representative of the district and any such teacher so assigned shall mutually develop a written plan which provides for necessary assistance to the teacher, and which provides for a reasonable amount of planning and study time associated specifically with the out-of-endorsement assignment;

     (b) Such teachers shall not be subject to nonrenewal or probation based on evaluations of their teaching effectiveness in the out-of-endorsement assignments;

     (c) Such teaching assignments shall be approved by a formal vote of the local school board for each teacher so assigned; and

     (d) The assignment of such teachers for the previous school year shall be reported annually to the state board of education by the employing school district as required by WAC 180-16-195. Included in the report shall be the number of teachers in out-of-endorsement assignments and the specific assistance being given to the teachers.

     (2) Teachers with initial, residency, endorsed continuing, or professional teacher certificates who have not completed provisional status with a school district under RCW 28A.405.220 may be assigned to one out-of-endorsement assignment for a maximum of two periods (not more than forty percent full-time equivalent) a day. Conditions described in subsection (1)(a) through (d) of this section shall apply to teachers so assigned.

     (3) After August 31, 2000, a teacher who has completed twenty-four quarter credit hours (sixteen semester credit hours) of the required special education course work in WAC 180-82-360 shall be eligible for a waiver from the special education office which will allow that person to be employed as a special education teacher. The remaining credits and all endorsement requirements shall be completed within ((three)) five years of service as a special education teacher. Teachers who hold certificates endorsed in special education or who have received waivers from the special education office prior to September 1, 2000, shall not be affected by the requirements of this subsection.

[Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4).      99-04-008, § 180-82-110, filed 1/21/99, effective 2/21/99.]

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