WSR 03-23-052

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed November 14, 2003, 1:48 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-07-004.

Title of Rule: WAC 180-79A-117 Uniform expiration date.

Purpose: The purpose of this amendment is to clarify that the extension of time to complete certificate revalidation requirements is limited to those individuals who are called up to active duty for more than thirty consecutive days.

Statutory Authority for Adoption: RCW 28A/410/010 [28A.410.010] and 28A/305.130 [28A.305.130].

Summary: See Purpose above.

Reasons Supporting Proposal: This amendment allows certified teachers called to active military duty for more than thirty consecutive days the ability to complete teacher certificate revalidation requirements when military duty is complete.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 725-6024.

Name of Proponent: State Board of Education.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: In June and August 2003, the State Board of Education adopted a rule change to address teachers who are called up to active military service, and such call up will not allow them to complete necessary requirements to maintain the validity of their certificate. The purpose of this amendment is to clarify that the extension of time to complete certificate revalidation requirements is limited to those individuals who are called up to active duty for more than thirty consecutive days.

Proposal Changes the Following Existing Rules: Additional language in subsection (3) includes "for more than thirty consecutive days."

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Olympia School District, 1113 Legion Way S.E., Olympia, WA 98501-1967, on January 15, 2004, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Laura Moore by January 2, 2004, TTY (360) 664-3631 or (360) 725-6027.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by January 2, 2004.

Date of Intended Adoption: January 16, 2004.

October 31, 2003

Larry Davis

Executive Director

OTS-6776.3


AMENDATORY SECTION(Amending WSR 03-14-120, filed 6/30/03, effective 7/31/03)

WAC 180-79A-117   Uniform expiration date.   (1) All certificates issued for one or more stated years shall expire on June 30 of the stated year and shall be calculated as follows:

(a) Certificates issued prior to June 30 of a calendar year, other than limited certificates issued pursuant to WAC 180-79A-231, shall have the expiration date of the certificate calculated on the basis such certificate was issued on June 30 of the same calendar year regardless of the date of issuance.

(b) Certificates issued July 1 or later in the calendar year, other than limited certificates issued pursuant to WAC 180-79A-231, shall have the expiration date of the certificate calculated on the basis such certificate was issued on June 30 of the next calendar year regardless of the date of issuance.

(c) All valid existing certificates scheduled to expire on August 31 of a given year shall be valid until June 30 of the following year.

(2) An applicant who holds a valid certificate, who submits an application for further certification prior to the expiration date of that certificate, and who meets all the requirements of WAC 180-79A-128, shall be granted a one hundred eighty-day permit as provided in chapter 180-79A WAC.

(3) Any educator who is called up to active duty by one of the U.S. military branches for more than thirty consecutive days shall be granted an extension of the expiration date of his/her certificate. The extension shall be equal to the length of active duty service calculated to the next uniform expiration date.

[Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) through (4). 03-14-120, 180-79A-117, filed 6/30/03, effective 7/31/03; 02-04-018, 180-79A-117, 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). 99-01-174, 180-79A-117, filed 12/23/98, effective 1/23/99. Statutory Authority: RCW 28A.410.010. 98-05-024, 180-79A-117, filed 2/6/98, effective 3/9/98; 97-04-088, 180-79A-117, filed 2/5/97, effective 3/8/97.]

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