WSR 06-14-069

EXPEDITED RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed June 30, 2006, 4:28 p.m. ]

Title of Rule and Other Identifying Information: WAC 181-86-130 Issuance of order for reprimand, suspension, or revocation by superintendent of public instruction and 181-86-185 Notification of denial, surrender, suspension, or revocation of certificates.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Charles Schreck, Director, Office of Professional Practices, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY September 5, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of changes to WAC 181-86-130 and 181-86-185 are to comply with chapter 42.17 RCW, Public records disclosure. In WAC 181-86-130 the following phrase will be deleted: "...but shall not provide such employer with a copy of the order." In WAC 181-86-185 the following phrase will be deleted: "Provided, that such notification shall not be made prior to forty-five days after the final administrative order and shall not be made if a court order staying the denial, suspension, or revocation is in effect."

Reasons Supporting Proposal: Changes in WAC 181-86-130 will allow an employer to defer to the public disclosure law to request and obtain a copy of the order upon issuance by the office of superintendent of public instruction's office of professional practices. Changes to WAC 181-86-185 will allow notification to individuals when an applicant's certificate has been denied, suspended, surrendered, or revoked, and will provide the full name and certificate number at the time the order is final.

Statutory Authority for Adoption: RCW 28A.410.210.

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

Name of Proponent: Professional educator standards board and the office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting and Enforcement: Charles Schreck, Office of Superintendent of Public Instruction, Office of Professional Practices, (360) 725-6136; and Implementation: Marcia Riggers, Office of Superintendent of Public Instruction, Student Support and Operations, (360) 725-6175.

June 28, 2006

Nasue Nishida

Policy and Research Analyst

OTS-8976.1


AMENDATORY SECTION(Amending WSR 06-02-051, filed 12/29/05, effective 1/1/06)

WAC 181-86-130   Issuance of order for reprimand, suspension, or revocation by superintendent of public instruction.   Whenever the superintendent of public instruction takes action to suspend or revoke a certificate or reprimand a certificate holder, the superintendent of public instruction, in accordance with the provisions of this chapter, shall issue an order of reprimand, suspension, or revocation to the affected certificate holder and shall provide such person a copy of applicable administrative appeal procedures provided in this chapter. If the order is to suspend or revoke a certificate and the superintendent of public instruction has knowledge that such certificate holder is employed within the common school system or by an approved private school, the superintendent of public instruction shall advise such employer that an order has been sent to the employee ((but shall not provide such employer with a copy of the order)).

[06-02-051, recodified as 181-86-130, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.150.290(1). 02-19-050, 180-86-130, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW 28A.70.005. 90-02-076, 180-86-130, filed 1/2/90, effective 2/2/90.]


AMENDATORY SECTION(Amending WSR 06-02-051, filed 12/29/05, effective 1/1/06)

WAC 181-86-185   Notification of denial, surrender, suspension, or revocation of certificates.   The superintendent of public instruction shall notify all other states whenever an applicant has been denied a certificate for failure to possess good moral character or personal fitness or whenever a certificate has been suspended, surrendered, or revoked and shall provide the full name and certificate number, if applicable, to the agency responsible for certification in each state. The superintendent of public instruction shall notify appropriate public or private school officials within the state the name and certification number of all certificate holders whose certificates have been suspended, surrendered, or revoked((: Provided, That such notification shall not be made prior to forty-five days after the final administrative order and shall not be made if a court order staying the denial, suspension, or revocation is in effect)).

[06-02-051, recodified as 181-86-185, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.150.290(1). 02-19-050, 180-86-185, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW 28A.70.005. 90-02-076, 180-86-185, filed 1/2/90, effective 2/2/90.]

Washington State Code Reviser's Office