Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-21-098.

     Title of Rule and Other Identifying Information: WAC 181-79A-145 Levels and validity of certificates, 181-79A-250 Initial/residency and continuing/professional certificates -- Renewal, reinstatement, and continuing education requirements, and 181-79A-257 Out-of-state candidates.

     Hearing Location(s): Red Lion Hotel, Yakima Center, 607 East Yakima Avenue, Yakima, WA 98901, on September 12, 2007, at 8:30 a.m.

     Date of Intended Adoption: September 12, 2007.

     Submit Written Comments to: Nasue Nishida, P.O. Box 47236, Olympia, 98504, e-mail nasue.nishida@k12.wa.us, fax (360) 586-4548, by September 9, 2007.

     Assistance for Persons with Disabilities: Contact Nasue Nishida by September 9, 2007, TTY (360) 664-3631 or (360) 725-6238.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Allows individuals to count a school counselor national board for professional teaching standards certificate in lieu of the school counselor professional certificate and properly aligns the timelines of the professional certificate.

     Reasons Supporting Proposal: This is consistent with other state policy for national board certificates and teacher professional certificates.

     Statutory Authority for Adoption: RCW 28A.410.210 and 28A.410.010.

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

     Name of Proponent: Professional educator standards board, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nasue Nishida, P.O. Box 42736 [47236], Olympia, WA 98504, (360) 725-6238.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Nasue Nishida, P.O. Box 47236, phone (360) 725-6238, fax (360) 586-4548, e-mail nasue.nishida@k12.wa.us.

July 20, 2007

Nasue Nishida

Policy and Research Analyst

OTS-9895.1

AMENDATORY SECTION(Amending WSR 06-14-010, filed 6/22/06, effective 7/23/06)

WAC 181-79A-250   Initial/residency and continuing/professional certificates -- Renewal, reinstatement, and continuing education requirements.   The following shall apply to initial/residency and continuing/professional certificates issued pursuant to this chapter:

     (1) Initial certificate.

     (a) Teachers.

     An initial teacher certificate may be renewed for an additional three-year period on application and verification that the individual has completed all course work requirements from a regionally accredited institution of higher education as defined in WAC 181-78A-010(6) for continuing certification or has completed at least fifteen quarter credit hours (ten semester credit hours) since the certificate was issued or renewed. After August 31, 2000, provisions of WAC 181-79A-123 will apply.

     (b) Administrators.

     After June 30, 2004, provisions of WAC 181-79A-123(8) will apply.

     (c) Educational staff associates.

     After June 30, 2005, provisions of WAC 181-79A-123(9) will apply.

     (2) Residency certificate. Residency certificates shall be renewed under one of the following options:

     (a) Teachers.

     (i) Individuals who hold, or have held, a residency certificate and who qualify for enrollment in a professional certificate program pursuant to WAC 181-78A-535 (1)(a) may have the certificate renewed for one additional two-year period upon verification by the professional certificate administrator that the candidate is enrolled in a state approved professional certificate program.

     (ii) Individuals who hold, or have held, residency certificates who do not qualify for enrollment in a professional certificate program pursuant to WAC 181-78A-535 (1)(a) may have their residency certificates renewed for one additional five-year period by the completion of fifteen quarter credits (ten semester credits) of college credit course work (normally one hundred level or higher) from a regionally accredited institution of higher education taken since the issuance of the residency certificate.

     (iii) An individual who completes a national board certification assessment but does not earn national board certification, may use that completed assessment to renew the residency certificate for two years.

     (iv) Individuals who complete the requirements in their school district professional growth plan may use that completed plan to maintain the continuing certificate or renew the professional certificate.

     (b) Principals/program administrators.

     (i) Individuals who hold, or have held, a residency certificate and who qualify for enrollment in a professional certificate program pursuant to WAC 181-78A-535 (2)(a) may have the certificate renewed for one additional two-year period upon verification by the professional certificate program administrator that the candidate is enrolled in a state approved professional certificate program.

     (ii) Individuals who hold, or have held, residency certificates who do not qualify for enrollment in a professional certificate program under WAC 181-78A-535 (2)(a) may have their residency certificates renewed for one additional five-year period by the completion of fifteen quarter credits (ten semester credits) of college credit course work, directly related to the current performance-based leadership standards as defined in WAC 181-78A-270 (2)(b) from a regionally accredited institution of higher education taken since the issuance of the residency certificate. Renewal beyond one time requires the completion of fifteen quarter credits (ten semester credits) directly related to the current performance-based leadership standards as defined in WAC 181-78A-270 (2)(b) plus an internship approved by a college or university with a professional educator standards board-approved residency certificate program and taken since the issuance of the last residency certificate.

     (c) School counselors, school psychologists, or school social workers.

     (i) Individuals who hold a residency certificate and who qualify for enrollment in a professional certificate program pursuant to WAC 181-78A-535(3) may have the certificate renewed for one additional two-year period upon verification by the professional certificate program administrator that the candidate is enrolled in a state approved professional certificate program.

     (ii) Individuals who hold, or have held, a residency certificate who do not qualify for admission to a professional certificate program under WAC 181-78A-535 (3)(a) may have their residency certificates renewed for one additional five-year period by the completion of fifteen quarter credits (ten semester credits) of college credit course work, directly related to the current performance-based standards as defined in WAC 181-78A-270 (5), (7), or (9) from a regionally accredited institution of higher education taken since the issuance of the residency certificate. Renewal for an additional five-year period requires the completion of fifteen quarter credits (ten semester credits) directly related to the current performance-based standards as defined in WAC 181-78A-270 (5), (7), or (9) completed since the issuance of the most recent residency certificate plus an internship approved by a college or university with a professional educator standards board-approved residency certificate program and taken since the issuance of the last residency certificate.

     (d) Renewals based on conditions other than those described in WAC 181-79A-250 (2)(a) and (b) may be appealed to the professional educator standards board, or its designated appeals committee. The following conditions apply to such appeals:

     (i) Individuals who appeal shall present a rationale and evidence to support their request to have their residency certificates renewed.

     (ii) The professional educator standards board, or its designated appeals committee, in making its decision shall determine the length of the renewal and may establish specific conditions (such as course work requirements) as prerequisites for the reissuance of the residency certificate.

     (3) Continuing certificate.

     (a) The continuing certificates of holders who were eligible for such certificates prior to August 31, 1987, and who applied for such certificates prior to July 1, 1988, or who would have been eligible for such certificates prior to August 31, 1987, but for one of the three-year experience requirement and who complete such requirement and apply for such certificate prior to August 31, 1988, will be valid for life. Holders of valid continuing certificates affected by this subsection shall be entitled to have such certificate reissued and subject to the terms and conditions applicable to certification at the time of reissuance including the continuing education requirements of chapter 181-85 WAC.

     (b) All continuing certificates not affected by the exception stated in (a) of this subsection shall lapse if the holder does not complete the continuing education requirement, to include the filing requirement specified in chapter 181-85 WAC. To reinstate such a lapsed continuing certificate the individual must complete the requirements for reinstatement stated within chapter 181-85 WAC and must meet the conditions stated in WAC 181-79A-253.

     (4) Professional certificate.

     (a) Teachers.

     (i) A valid professional certificate may be renewed for additional five year periods by the completion of one hundred fifty continuing education credit hours as defined in chapter 181-85 WAC since the certificate was issued. An expired professional certificate may be renewed for an additional five-year period by presenting evidence to the superintendent of public instruction of completing the continuing education credit hour requirement within the five years prior to the date of the renewal application. All continuing education credit hours shall relate to either (a)(i)(A) or (B) of this subsection: Provided, That both categories (a)(i)(A) and (B) of this subsection must be represented in the one hundred fifty continuing education credit hours required for renewal:

     (A) One or more of the following three standards outlined in WAC 181-78A-540:

     (I) Effective instruction.

     (II) Professional contributions.

     (III) Professional development.

     (B) One of the salary criteria specified in RCW 28A.415.023.

     (I) Is consistent with a school-based plan for mastery of student learning goals as referenced in RCW 28A.320.205, the annual school performance report, for the school in which the individual is assigned;

     (II) Pertains to the individual's current assignment or expected assignment for the subsequent school year;

     (III) Is necessary to obtain an endorsement as prescribed by the professional educator standards board;

     (IV) Is specifically required to obtain advanced levels of certification; or

     (V) Is included in a college or university degree program that pertains to the individual's current assignment, or potential future assignment, as a certified instructional staff.

     (ii) Provided, That a professional certificate may be renewed based on the possession of a valid teaching certificate issued by the National Board for Professional Teaching Standards at the time of application for the renewal of the professional certificate. Such renewal shall be valid for five years or until the expiration of the National Board Certificate, whichever is greater.

     (b) Principals/program administrators.

     (i) A professional certificate may be renewed for additional five year periods for individuals employed as a principal, assistant principal or program administrator in a public school or professional educator standards board-approved private school by:

     (A) Completion of a professional growth plan that is developed and approved with the superintendent, superintendent designee, or appointed representative (e.g., educational service district personnel, professional association or organization staff, or peer from another district), and that documents formalized learning opportunities and professional development activities that:

     (I) Emphasize continuous learning;

     (II) Positively impact student learning;

     (III) Relate to the six standards and "career level" benchmarks defined in WAC 181-78A-270 (2)(b);

     (IV) Explicitly connect to the evaluation process;

     (V) Reflect contributions to the school, district, and greater professional community; and

     (VI) Identify areas in which knowledge and skills need to be enhanced.

     (B) Verification of satisfactory performance evaluations for the five year periods; and

     (C) Documented evidence of results of the professional growth plan on student learning.

     (ii) Individuals not employed as a principal, assistant principal, or program administrator in a public school or professional educator standards board-approved private school may have their professional certificate renewed for one additional five-year period by the completion of fifteen quarter credits (ten semester credits) of college credit course work directly related to the current performance-based leadership standards as defined in WAC 181-78A-270 (2)(b) from a regionally accredited institution of higher education taken since the issuance of the professional certificate. Renewal beyond one time requires the completion of fifteen quarter credits (ten semester credits) directly related to the current performance-based leadership standards as defined in WAC 181-78A-270 (2)(b) plus an internship approved by a college or university with a professional educator standards board-approved professional certificate program, and taken since the issuance of the last professional certificate.

     (c) School counselors, school psychologists, or school social workers.

     (i) A professional certificate may be renewed for additional five-year periods for individuals employed as a school counselor, school psychologist, or school social worker in a public school, professional educator standards board-approved private school, or in a state agency which provides educational services to students by:

     (A) Completion of a professional growth plan that is developed and approved with the principal or principal designee, and that documents formalized learning opportunities and professional development activities that:

     (I) Emphasize continuous learning;

     (II) Positively impact student learning; and

     (III) Reflect contributions to the school, district, and greater professional community; or

     (B) Completion of one hundred fifty continuing education credit hours as defined in chapter 181-85 WAC since the certificate was issued and which relate to the current performance-based standards as defined in WAC 181-78A-270 (5), (7), or (9).

     (ii) Individuals not employed as a school counselor, school psychologist, or a school social worker in a public school or professional educator standards board-approved private school may have their professional certificate renewed for an additional five-year period by:

     (A) Completion of fifteen quarter credits (ten semester credits) of college credit course work directly related to the current performance-based standards as defined in WAC 181-78A-270 (5), (7), or (9) from a regionally accredited institution of higher education taken since the issuance of the professional certificate; or

     (B) Completion of one hundred fifty continuing education credit hours as defined in chapter 181-85 WAC since the certificate was issued and which relate to the current performance-based standards as defined in WAC 181-78A-270 (5), (7), or (9); or

     (C) Provided that, a school counselor professional certificate may be renewed based on the possession of a valid school counselor certificate issued by the National Board for Professional Teaching Standards at the time of application for the renewal of the professional certificate. Such renewal shall be valid for five years or until the expiration of the national board certificate, whichever is greater.

[Statutory Authority: RCW 28A.410.210. 06-14-010, § 181-79A-250, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as § 181-79A-250, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 05-23-043, § 180-79A-250, filed 11/9/05, effective 12/10/05; 05-15-053, § 180-79A-250, filed 7/12/05, effective 8/12/05; 04-21-040, § 180-79A-250, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 28A.305.130 and 28A.410.010. 02-18-037, § 180-79A-250, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 28A.410.010. 01-13-111, § 180-79A-250, filed 6/20/01, effective 7/21/01; 01-09-004, § 180-79A-250, filed 4/5/01, effective 5/6/01; 00-03-048, § 180-79A-250, filed 1/14/00, effective 2/14/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, § 180-79A-250, filed 12/23/98, effective 1/23/99.]

OTS-9891.1

AMENDATORY SECTION(Amending WSR 06-14-010, filed 6/22/06, effective 7/23/06)

WAC 181-79A-257   Out-of-state candidates.   Candidates for certification from other states who meet the general certificate requirements described in WAC 181-79A-150 (1) and (2) shall be eligible for Washington certificates as follows:

     (1) Initial and residency certificates. The initial certificate (residency certificate for teachers after August 31, 2000,) shall be issued by the superintendent of public instruction to any candidate who meets requirements for the residency certificate including testing requirements as described in RCW 28A.410.220, and who passes the WEST-B and meets one of the following:

     (a) Qualifies under provisions of the interstate compact.

     (b) Holds the appropriate degree and, if applicable, credit hours and/or licensing as set forth in this chapter and has completed a state approved preparation program at a regionally accredited college or university in the professional field for which the certificate is to be issued and such additional professional fields as required by WAC 181-79A-150(4).

     (c) Provided, That if a candidate for teacher, administrator or educational staff associate certification does not meet the qualifications described in (a) or (b) of this subsection, an initial/residency certificate shall be issued to a candidate who holds an appropriate degree from a regionally accredited college or university and also holds or has held a certificate in the role, comparable to an initial/residency certificate, issued by another state and has practiced at the P-12 level in that respective role outside the state of Washington for three years: Provided further, That the teacher preparation program through which the teacher earned their teaching certificate included a supervised classroom-based internship.

     (d) Provided further, That if a candidate for a teacher's certificate would qualify under (b) of this subsection, but for the fact that he or she has completed an approved teacher preparation program in a subject area that is not listed in chapter 181-82 WAC as a Washington endorsement, the candidate shall be issued a certificate that bears the out-of-state area of program preparation. It shall be noted on the certificate so issued that the subject area listed is not a Washington state endorsement.

     (e) Holds an appropriate degree from a regionally accredited college or university and has practiced three years as an educational staff associate in that role in a state where such certificate was not required.

     (f) Holds a valid Nationally Certified School Psychologist (NCSP) certificate issued by the National School Psychology Certification Board (NSPCB) after December 31, 1991, and applies for an initial/residency educational staff associated school psychologist certificate.

     (2) Continuing certificate. The continuing certificate shall be issued to administrators and educational staff associates on verification that the candidate has met all requirements for initial and continuing certification in the state of Washington.

     (3) Professional certificate. After August 31, 2000, the professional certificate shall be issued to out-of-state candidates if the candidate meets requirements for the residency certificate including testing requirements as described in RCW 28A.410.220, meets the child abuse course work requirement as described in WAC 181-79A-206 (3)(b), and if one of the following conditions is met:

     (a) The candidate has completed an advanced level certification procedure approved by the professional educator standards board as equivalent to the approved program procedure required in Washington; or

     (b) The candidate holds a valid teaching certificate issued by the National Board for Professional Teaching Standards; or

     (c) The candidate holds a valid school counselor certificate issued by the National Board for Professional Teaching Standards; or

     (d) A Washington state college or university with an approved professional certificate program verifies that the candidate has met all the requirements of that institution's approved program. The college/university shall evaluate the candidate's background to determine whether or not course work or certification activities are equivalent to that college/university's approved program.

[Statutory Authority: RCW 28A.410.210. 06-14-010, § 181-79A-257, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as § 181-79A-257, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 05-04-054, § 180-79A-257, filed 1/28/05, effective 2/28/05; 04-21-005, § 180-79A-257, filed 10/7/04, effective 11/7/04; 04-04-011, § 180-79A-257, filed 1/23/04, effective 2/23/04; 04-04-009, § 180-79A-257, filed 1/23/04, effective 2/23/04; 01-18-043, § 180-79A-257, filed 8/29/01, effective 9/29/01; 01-13-108, § 180-79A-257, filed 6/20/01, effective 7/21/01; 00-23-005, § 180-79A-257, filed 11/2/00, effective 12/3/00; 00-03-048, § 180-79A-257, filed 1/14/00, effective 2/14/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, § 180-79A-257, filed 12/23/98, effective 1/23/99.]

OTS-9890.2

AMENDATORY SECTION(Amending WSR 07-12-006, filed 5/24/07, effective 6/24/07)

WAC 181-79A-145   Levels and validity of certificates.   Two levels of certification may be issued.

     (1) Initial and continuing certificates: Teachers with program completion dates through August 31, 2000, administrators with program completion dates through August 31, 2004, and educational staff associates with program completion dates through August 31, 2005, will be issued the following levels of certificates: Provided, That initial and continuing teachers' certificates after August 31, 2000, initial and continuing principal and program administrator certificates after August 31, 2004, and initial and continuing educational staff associate certificates after August 31, 2005, will be issued only to previous Washington certificate holders, pursuant to WAC 181-79A-123:

     (a) Initial certificate. The initial teacher certificate is valid for four years and the initial administrator and educational staff associate certificates are valid for seven years. Initial teacher certificates shall be subject to renewal pursuant to WAC 181-79A-250(1) and 181-79A-123. Initial administrator and educational staff associate certificates shall not be subject to renewal. Initial administrator and educational staff associate certificate holders shall be issued a continuing certificate if they meet the requirements for such certificate. Initial administrator and educational staff associate certificate holders shall be issued a residency certificate if their initial certificate has lapsed or they do not meet the requirements for a continuing certificate.

     (b) Continuing certificate. The continuing certificate is valid on a continuing basis as specified in WAC 181-79A-250(3).

     (2) Residency and professional certificates: Teachers, administrators, and educational staff associates with program completion dates commencing with the dates indicated below will be issued the following levels of certificates:

     (a) Residency certificate. The residency certificate will be issued to teachers beginning September 1, 2000, to principal/program administrators beginning September 1, 2004, and to educational staff associate school counselors, school psychologists, and school social workers no later than September 1, 2005.

     (b) ((The residency certificate for principals, program administrators, and educational staff associates is valid for five years and shall be subject to renewal pursuant to WAC 181-79A-250 (2)(b) and (c).

     (c))) The first issue of a residency certificate for teachers employed in a school district or state agency that provides educational services for students or a state approved private school shall be valid until the holder ((is no longer on provisional status)) has completed two successful years of service in a teaching role. When the teacher ((for the first time in their career)) completes ((provisional status)) two successful years of service in a teaching role, their residency certificate will be reissued with a five-year expiration date. Prior to the expiration date, the teacher must earn a professional certificate or meet residency renewal requirements under WAC 181-79A-250 (2)(a).

     (((d) The first issue of a residency certificate for teachers employed in a state approved private school shall be valid until the holder has completed two years of successful teaching. When the teacher for the first time in their career completes two years of successful teaching, their residency certificate will be reissued with a five-year expiration date. Prior to the expiration date, the teacher must earn a professional certificate or meet residency renewal requirements under WAC 181-79A-250 (2)(a).

     (e))) (c) The first issue of a residency certificate for principals, program administrators, and educational staff associates shall be valid until the holder has completed two successful years of service in the role. When the principal, program administrator, or educational staff associate ((for the first time in their career)) completes two years of successful service in the role in a school district, state approved private school, or state agency, their residency certificate will be reissued with a five-year expiration date. Prior to the expiration date, the candidate must earn a professional certificate or meet residency renewal requirements under WAC 181-79A-250 (2)(b) and (c).

     (((f))) (d) Professional certificate. The professional certificate will be issued to teachers beginning September 1, 2001, to principals/program administrators beginning September 1, 2007, and to educational staff associate school counselors, school psychologists, and school social workers beginning September 1, 2007. The professional certificate is valid for five years and shall be subject to renewal pursuant to WAC 181-79A-250. Provided, That a professional teacher's certificate based on the possession of a valid teacher's certificate issued by the National Board for Professional Teaching Standards National Board Certification pursuant to WAC 181-79A-257 (3)(b) or 181-79A-206 (3)(a) shall be valid for five years or until the expiration of the National Board Certificate, whichever is greater. Provided further that a professional educational staff associate certificate for school counselors based on the possession of a valid school counselor's certificate issued by the National Board for Professional Teaching Standards National Board Certification pursuant to WAC 181-79A-257 or 181-79A-206 shall be valid for five years or until the expiration of the National Board Certificate, whichever is greater.

     (3) First peoples' language/culture certificates: The first peoples' language/culture certificate will be issued beginning in January 2007. The first peoples' language/culture certificate is valid for five years and shall be subject to renewal pursuant to WAC 181-79A-252.

[Statutory Authority: RCW 28A.410.210. 07-12-006, § 181-79A-145, filed 5/24/07, effective 6/24/07; 06-14-010, § 181-79A-145, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as § 181-79A-145, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 05-23-042, § 180-79A-145, filed 11/9/05, effective 12/10/05. Statutory Authority: RCW 28A.410.010 and 28A.305.130. 05-15-023, § 180-79A-145, filed 7/7/05, effective 8/7/05. Statutory Authority: RCW 28A.401.010 [28A.410.010]. 04-21-040, § 180-79A-145, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 28A.305.130 and 28A.410.010. 02-18-037, § 180-79A-145, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 28A.410.010. 01-09-004, § 180-79A-145, filed 4/5/01, effective 5/6/01; 00-03-048, § 180-79A-145, filed 1/14/00, effective 2/14/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, § 180-79A-145, filed 12/23/98, effective 1/23/99.]

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