EMERGENCY RULES
Date of Adoption: June 20, 2003.
Purpose: To amend the rules to establish a list of endorsement-related assignments and allow a district to assign a teacher to an endorsement related area when the district does not have a certified teacher with that endorsement available.
Citation of Existing Rules Affected by this Order: Amending WAC 180-82-105 Assignment of classroom teachers within districts.
Statutory Authority for Adoption: RCW 28A.410.010.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This amendment will assist school districts in assigning and reassigning teachers for the 2003-2004 school year during the current budget crisis.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 1,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Immediately.
June 30, 2003
Larry Davis
Executive Director
OTS-6507.1
AMENDATORY SECTION(Amending WSR 02-18-038, filed 8/26/02,
effective 9/26/02)
WAC 180-82-105
Assignment of classroom teachers within
districts.
In addition to holding teaching permits or
certificates as required by WAC 180-16-220(2), the assignment
of classroom teachers in the basic program of education shall
comply with the following:
(1) Classroom teachers with standard or unendorsed continuing teacher certificates may be assigned to any grade or subject areas for which certification is required.
(2) Classroom teachers with initial, residency, endorsed continuing, or professional teacher certificates may be assigned only to the specified grades and specified subject areas stated as endorsements upon their respective certificates or permits.
(3) Classroom teachers with initial, residency, endorsed continuing, or professional teacher certificates who have an elementary education endorsement may be assigned to teach any subject in grades K-8.
(4) Any certificated teacher who has completed twenty-four quarter hours (sixteen semester hours) of academic study in a content area that will be offered in grades four through nine may be assigned to that course even if the teacher does not hold an endorsement in that area.
(5) Any certificated teacher may be assigned to a middle school or junior high school block program, which for the purpose of this section shall be defined as the same teacher assigned to teach two or more subject areas to the same group of students, if the teacher has an endorsement in one of the subject areas and has completed or will complete within one year nine quarter hours in each of the other subject areas.
(6) Upon determination by school districts that teachers have the competencies to be effective teachers in alternative settings, 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 teach in alternative schools.
(7) Any certificated teacher may be assigned to courses offered in basic education subject areas not included with the list of endorsements specified in WAC 180-82-202.
(8) Any certificated teacher may be assigned to serve as a substitute classroom teacher at any grade level or in any subject area for a period not to exceed thirty consecutive school days in any one assignment.
(9) Any certificated person holding a limited certificate as specified in WAC 180-79A-230 or a career and technical education certificate as specified in chapter 180-77 WAC may be assigned as per the provisions of such section or chapter.
(10) If a teacher is assigned to provide special education, then the district must also comply with WAC 392-172-200 and 392-172-202.
(11)(a) For the purpose of this section, the term "specified subject areas" shall mean courses or classes with the same subject area title as specified by the classroom teacher's endorsement and courses or classes which the board of directors of the district, using the endorsement-related assignment table published by the state board of education as a nonbinding guideline, determines to substantially include the same subject area as the endorsement--e.g., a classroom teacher with a health endorsement may be assigned to any course, regardless of course title, which substantially includes health as the subject area.
(b) The endorsement-related assignment table published by the state board of education may not be changed without prior state board of education approval. Endorsement-related assigned classroom teachers must be evaluated annually specific to the assignment and achieve a satisfactory rating to continue in the assignment.
(12) Exceptions to the assignment requirements of subsection (1) of this section must comply with WAC 180-82-110.
(13) School district compliance with this section shall be subject to the state staff review process specified in WAC 180-16-195(2).
[Statutory Authority: RCW 28A.410.010. 02-18-038, § 180-82-105, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) through (4). 02-04-018, § 180-82-105, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-04-008, § 180-82-105, filed 1/21/99, effective 2/21/99.]