Effective Date of Rule: Thirty-one days after filing.

     Purpose: These rules implement changes to the references in fiscal rules concerning the certification and continuing education of certificated instructional staff, from Title 180 WAC under the state board of education to Title 181 WAC under the professional educator standards board. Other "housekeeping" update include replacing the term "vocational" with the term "vocational/career and technical education," clarification of "certificated employee," and foreign credits evaluation.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-121-200, 392-121-249, 392-121-250, 392-121-257, 392-121-259, 392-121-261, 392-121-262, 392-121-264, 392-121-270, and 392-121-280.

     Statutory Authority for Adoption: RCW 28A.150.290(1).

      Adopted under notice filed as WSR 06-13-005 on June 8, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 10, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 10, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 10, Repealed 0.

     Date Adopted: September 15, 2006.

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-8936.1

AMENDATORY SECTION(Amending Order 88-8, filed 1/11/88)

WAC 392-121-200   Definition -- Certificated employee.   As used in this chapter, "certificated employee" means:

     (1) A person who holds a professional education certificate issued by the superintendent of public instruction and who is employed by a school district in a position for which such certificate is required by statute, rule of the ((state board of education)) professional educator standards board, or written policy or practice of the employing school district; or

     (2) A superintendent or a person hired to fill a position designated as, or which is, in fact, deputy superintendent or assistant superintendent.

[Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-200, filed 1/11/88.]

[Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-249, filed 12/22/93, effective 1/22/94.]

     (1) The highest degree earned by the employee from a regionally accredited institution of higher education;

     (2) "Nondegreed" for a certificated instructional employee who holds no bachelor's or higher level degree; or

     (3) "Nondegreed" for a certificated instructional employee who holds a valid vocational/career and technical education certificate acquired as the result of industrial experience rather than college training, and who has a degree earned from a regionally accredited institution of higher education prior to the issue of the initial vocational/career and technical education certificate, which is incidental to or not related to the vocational/career and technical education certificate.

[Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-250, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-250, filed 1/11/88.]

     (1) Credits are earned:

     (a) After August 31, 1987; and

     (b) After the awarding or conferring of the employee's first bachelor's degree.

     (2) Credits are earned on or before October 1 of the year for which allocations are being calculated pursuant to this chapter.

     (3) Credits are earned in either:

     (a) A locally approved in-service training program which means a program approved by a school district board of directors, and meeting standards adopted by the ((state board of education)) professional educator standards board pursuant to the standards in WAC ((180-85-200)) 181-85-200 and the development of which has been participated in by an in-service training task force whose membership is the same as provided under RCW 28A.415.040; or

     (b) A state approved continuing education program offered by an education agency approved to provide in-service for the purposes of continuing education as provided for under rules adopted by the ((state board of education)) professional educator standards board pursuant to chapter ((180-85)) 181-85 WAC.

     (4) Credits are not earned for the purpose of satisfying the requirements of the employee's next highest degree.

     (5) Credits earned after September 1, 1995, must satisfy the additional requirements of WAC 392-121-262.

     (6) Credits are not counted as academic credits pursuant to WAC 392-121-255 or nondegree credits pursuant to WAC 392-121-259.

     (7) Ten locally approved in-service or state approved continuing education credit hours defined in WAC ((180-85-030)) 181-85-030 equal one in-service credit.

     (8) Each forty hours of participation in an approved internship with a business, industry, or government agency pursuant to chapter ((180-83)) 181-83 WAC equals one in-service credit.

     (a) No more than two in-service credits may be earned as a result of an internship during any calendar-year period.

     (b) Each individual is limited to a maximum of fifteen in-service credits earned from internships.

     (9) Accumulate credits rounded to one decimal place.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-257, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290 and chapter 28A.415 RCW. 97-22-106 (Order 97-07), § 392-121-257, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-257, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-257, filed 12/22/93, effective 1/22/94. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-121-257, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-257, filed 1/11/88.]

     (1) Zero credits shall be recognized for persons holding a valid certificate other than a certificate included in subsection (2) or (3) of this section.

     (2) Thirty credits shall be recognized for persons holding a valid continuing or standard school nurse certificate.

     (3) Persons holding valid vocational/career and technical education certificates as provided for in chapter ((180-77)) 181-77 WAC shall accumulate recognized credits as follows:

     (a) One credit for each one hundred clock hours of occupational experience as defined in WAC ((180-77-003(7))) 181-77-003(7) such that each calendar year is limited to a maximum of twenty credits. Clock hours of occupational experience used in determining nondegree credits must be earned after meeting the minimum vocational/career and technical education certification requirements as established in WAC ((180-77-041)) 181-77-041 (1)(a).

     (b) One credit for each ten clock hours of vocational/career and technical education educator training meeting the requirements of WAC ((180-77-003)) 181-77-003 (2), (9), or (12). Clock hours of vocational/career and technical education educator training used in determining nondegree credits must be earned after meeting the minimum vocational/career and technical education certification requirements as established in WAC ((180-77-041)) 181-77-041 (1)(b) and (c).

     (4) Credits earned after September 1, 1995, must satisfy the additional requirements of WAC 392-121-262.

     (5) Accumulate credits rounded to one decimal place.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-259, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290 and chapter 28A.415 RCW. 97-22-106 (Order 97-07), § 392-121-259, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-259, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-259, filed 12/22/93, effective 1/22/94.]

     (1) For an employee whose highest degree is a bachelor's degree, sum:

     (a) Academic and in-service credits; and

     (b) Nondegree credits, determined pursuant to WAC 392-121-259 and reported on Report S-275 prior to the awarding of the bachelor's degree for vocational/career and technical education instructors who obtain a bachelor's degree while employed in the state of Washington as a nondegreed vocational/career and technical education instructor.

     (2) For an employee whose highest degree is a master's degree, sum:

     (a) Academic and in-service credits in excess of forty-five earned after the awarding or conferring of the bachelor's degree and prior to the awarding or conferring of the master's degree; and

     (b) Academic and in-service credits earned after the awarding or conferring of the master's degree.

     (3) For a nondegreed employee sum only nondegree credits.

[Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-261, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-261, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 90-13-088 (Order 15), § 392-121-261, filed 6/20/90, effective 7/21/90.]

     (1) At the time credits are recognized by the school district the content of the course must meet at least one of the following:

     (a) It is consistent with a school-based plan for mastery of student learning goals as referenced in RCW 28A.655.110, the annual school performance report, for the school in which the individual is assigned;

     (b) It pertains to the individual's current assignment or expected assignment for the following school year;

     (c) It is necessary for obtaining endorsement as prescribed by the Washington professional educator standards board;

     (d) It is specifically required for obtaining advanced levels of certification;

     (e) It is included in a college or university degree program that pertains to the individual's current assignment or potential future assignment as a certificated instructional staff; or

     (f) It addresses research-based assessment and instructional strategies for students with dyslexia, dysgraphia, and language disabilities when addressing learning goal one under RCW 28A.150.210, as applicable and appropriate for individual certificated instructional staff;

     (2) Credits which have been determined to meet one or more of the criteria in subsection (1) of this section shall continue to be recognized in subsequent school years and by subsequent school district employers; and

     (3) Credits not recognized in a school year may be recognized in a subsequent school year if there is a change in the qualifying criteria such as a change in ((state board of education)) professional educator standards board rules, a change in the district's strategic plan, a change in the school-based plan for the school in which the individual is assigned, a change in the individual's assignment, or a change in the individual's employer.

[Statutory Authority: RCW 28A.150.290(1) and 28A.415.023. 05-22-008, § 392-121-262, filed 10/20/05, effective 1/1/06. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-262, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290 and chapter 28A.415 RCW. 97-22-106 (Order 97-07), § 392-121-262, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-262, filed 10/18/95, effective 11/18/95.]

     (1) Professional education employment shall be limited to the following:

     (a) Employment in public or private preschools or elementary and secondary schools in positions which require certification where:

     (i) Schools include the Centrum education program, the Pacific Science Center education program, and educational centers authorized under chapter 28A.205 RCW;

     (ii) Certification means the concurrent public professional education licensing requirements established in the state, province, country, or other governmental unit in which employment occurred and which, for the state of Washington, refers to the certificates authorized by WAC ((180-79A-140)) 181-79A-140 and temporary permits authorized by WAC ((180-79A-128)) 181-79A-128;

     (b) Employment in public or private vocational-technical schools, technical colleges, community/junior colleges, colleges, and universities in positions comparable to those which require certification in Washington school districts;

     (c) Employment in a governmental educational agency with regional administrative responsibilities for preschool, elementary, and/or secondary education including but not limited to an educational service district, office of the superintendent of public instruction, or United States department of education in any professional position including but not limited to C.P.A., architect, business manager, or physician;

     (d) Experience in the following areas:

     (i) Military, Peace Corps, or Vista service which interrupted professional education employment included in (a), (b), or (c) of this subsection; and

     (ii) Sabbatical leave.

     (e) For nondegreed vocational/career and technical education instructors, up to a maximum of six years of management experience as defined in WAC ((180-77-003)) 181-77-003 acquired after the instructor meets the minimum vocational/career and technical education certification requirements established in WAC ((180-77-041)) 181-77-041 (1)(a). If a degree is obtained while employed in the state of Washington as a nondegreed vocational/career and technical education instructor, the eligible years of management experience pursuant to this subsection reported on Report S-275 prior to the awarding of the degree shall continue to be reported but shall not increase.

     (2) Years of full-time and part-time professional education employment prior to the current reporting school year are accumulated as follows:

     (a) For each professional education employment which is not employment as a casual substitute pursuant to subsection (1)(a) of this section;

     (i) Determine the total number of hours per year for an employee working full-time with each employer;

     (ii) Determine the number of hours per year with each employer excluding unpaid leave;

     (iii) Calculate the quotient of the hours determined in (a)(ii) of this subsection divided by the hours in (a)(i) of this subsection rounded to two decimal places for each year.

     (b) For professional education employment as a casual substitute pursuant to subsection (1)(a) of this section:

     (i) Determine the total number of full-time equivalent substitute days per year;

     (ii) Calculate the quotient of full-time equivalent days determined in (b)(i) of this subsection divided by 180 rounded to two decimal places for each year.

     (c) No more than 1.0 year may be accumulated in any traditional nine-month academic year or any twelve-month period.

     (i) Accumulate, for each year, professional education employment calculated in (a)(iii) and (b)(ii) of this subsection.

     (ii) Determine the smaller of the result in (c)(i) of this subsection or 1.00 for each year.

     (d) Determine certificated years of experience as the accumulation of all years of professional education employment calculated in (c)(ii) of this subsection and report such years rounded to one decimal place.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, amended and recodified as § 392-121-264, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290 and chapter 28A.415 RCW. 97-22-106 (Order 97-07), § 392-121-245, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-245, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-245, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-245, filed 1/11/88.]

     (1) If an employee holds more than one degree of the same level, additional credits shall be counted after the first degree.

     (2) An employee whose highest degree is a bachelor's degree, whose total eligible credits are ninety or greater, and whose total eligible credits earned prior to January 1, 1992, were less than one hundred thirty-five shall be placed on the BA + 90 column.

     (3) An employee whose highest degree level is nondegreed shall be placed on the BA columns except that such persons holding valid vocational/career and technical education certificates with one hundred thirty-five or more eligible credits shall be placed on the MA + 0 column.

     (4) A vocational/career and technical education instructor who obtains a bachelor's degree while employed in the state of Washington as a nondegreed vocational/career and technical education instructor and for whom one hundred thirty-five or more eligible credits determined pursuant to WAC 392-121-259 were reported on Report S-275 prior to the awarding of that bachelor's degree shall continue to be placed on the MA + 0 column and shall not advance to any other column unless a master's degree is obtained.

     (5) For placement on LEAP salary allocation documents, total eligible credits and certificated years of experience shall be rounded to the nearest whole number. One-half credit or year shall be rounded to the next highest credit or year.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-270, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-270, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-270, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.150.290. 92-23-044 (Order 92-15), § 392-121-270, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.150.290 and 1990 1st ex.s. c 16 § 502. 91-02-097 (Order 51), § 392-121-270, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 90-13-088 (Order 15), § 392-121-270, filed 6/20/90, effective 7/21/90; 88-03-013 (Order 88-8), § 392-121-270, filed 1/11/88.]

     (1) Districts shall document the date of awarding or conferring of the highest degree including the date upon which the degree was awarded or conferred as recorded on the diploma or transcript from the registrar of the regionally accredited institution of higher education.

     (a) If the highest degree is a master's degree, the district shall also document the date of awarding or conferring of the first bachelor's degree.

     (b) If the degree was awarded by an institution which does not confer degrees after each term, and all degree requirements were completed at a time other than the date recorded on the diploma or transcript, a written statement from the registrar of the institution verifying a prior completion date shall be adequate documentation.

     (c) If the degree program was completed in a country other than the United States documentation must include a written statement of degree equivalency for the appropriate degree from a foreign credentials' evaluation agency approved by the office of superintendent of public instruction.

     (2) Districts shall document academic credits by having on file a transcript from the registrar of the regionally accredited institution of higher education granting the credits. For purposes of this subsection:

     (a) An academic credit is deemed "earned" at the end of the term for which it appears on the transcript: Provided, That a written statement from the registrar of the institution verifying a prior earned date may establish the date a credit was earned;

     (b) Washington state community college credits numbered one hundred and above are deemed transferable for purposes of WAC 392-121-255(4) subject to the limitations of that same subsection;

     (c) Credits are not deemed "earned" at an institution of higher education which transfers-in credits. Such credits must be documented using a transcript from the initial granting institution and are subject to all the limitations of WAC 392-121-255; ((and))

     (d) If the credits were completed in a country other than the United States, documentation must include a written statement of credit equivalency for the appropriate credits from a foreign credentials' evaluation agency approved by the office of superintendent of public instruction; and

     (e) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.

     (3) Districts shall document in-service credits;

     (a) By having on file a document meeting standards established in WAC ((180-85-107)) 181-85-107; and

     (b) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.

     (4) Districts shall document nondegree credits.

     (a) For vocational/career and technical education educator training credits pursuant to WAC 392-121-259(3) districts shall have on file a document meeting standards established in WAC ((180-85-107)) 181-85-107 and evidence that the training was authorized pursuant to WAC ((180-77-003)) 181-77-003 (2), (9), or (12).

     (b) For credits calculated from converted occupational experience pursuant to WAC 392-121-259(3) districts shall have on file documents which provide:

     (i) Evidence that the occupational experience meets the requirements of WAC ((180-77-003(7))) 181-77-003(7);

     (ii) Evidence of the individual's actual number of hours of employment for each year including dates of employment; and

     (iii) The district calculation of converted credits pursuant to WAC 392-121-259(3).

     (c) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.

     (5) Districts shall document certificated years of experience as follows:

     (a) For certificated years of experience obtained and reported on Report S-275 prior to the 1994-95 school year districts shall have on file documents that provide evidence of employment including dates of employment.

     (b) For certificated years of experience reported on Report S-275 for the first time after the 1993-94 school year districts shall have on file:

     (i) The total number of hours per year for an employee working full-time with each employer;

     (ii) The number of hours per year and dates of employment with each employer excluding unpaid leave: Provided, That documentation of hours in excess of one full-time certificated year of experience in any twelve-month period is not required;

     (iii) The quotient of the hours determined in (b)(ii) of this subsection divided by the hours in (b)(i) of this subsection rounded to two decimal places for each year;

     (iv) The name and address of the employer;

     (v) For those counting out-of-district experience pursuant to WAC 392-121-264 (1)(a), evidence whether or not the position required professional education certification pursuant to WAC 392-121-264 (1)(a)(ii);

     (vi) For those counting experience pursuant to WAC 392-121-264 (1)(b), a brief description of the previous employment which documents the school district's decision that the position was comparable to one requiring certification in the Washington school districts;

     (vii) For those counting management experience pursuant to WAC 392-121-264 (1)(e), evidence that the experience meets the requirements of WAC ((180-77-003(6))) 181-77-003(6).

     (6) Any documentation required by this section may be original or copies of the original: Provided, That each copy is subject to school district acceptance or rejection.

     (7) The falsification or deliberate misrepresentation, including omission of a material fact concerning degrees, credits, or experience by an education practitioner as defined in WAC ((180-87-035)) 181-87-035 shall be deemed an act of unprofessional conduct pursuant to WAC ((180-87-050)) 181-87-050. In such an event the provisions of chapters ((180-86 and 180-87)) 181-86 and 181-87 WAC shall apply.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-280, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290 and chapter 28A.415 RCW. 97-22-106 (Order 97-07), § 392-121-280, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-280, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-280, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.150.290. 92-23-044 (Order 92-15), § 392-121-280, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.150.290 and 1990 1st ex.s. c 16 § 502. 91-02-097 (Order 51), § 392-121-280, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-280, filed 1/11/88.]

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