PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-13-042.
Title of Rule and Other Identifying Information: WAC 392-121-259 and 392-121-264, Finance -- General apportionment -- Certificated instructional staff.
Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on September 27, 2007, at 9:00 a.m.
Date of Intended Adoption: September 28, 2007.
Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201.
Assistance for Persons with Disabilities: Contact Clarice Nnanubu, TTY (360) 664-3631 or (360) 725-6271.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions clarify guidance on when to start counting education and experience for nondegreed vocational/career and technical education (CTE) instructors, and what may and may not, count as nondegree credits.
Major rule revisions:
| • | (1) Clarifies that, for nondegreed vocational/CTE instructors, occupational experience may count as nondegree credits after the instructor has met the minimum vocational/CTE certification requirement of three years (6,000 hours) of occupational experience. (2) Clarifies that, for nondegreed vocational/CTE instructors, management experience may count as certificated years of experience also after the instructor has met the minimum vocational/CTE certification requirement of three years (6,000 hours) of occupational experience. (3) Continues the policy that, for nondegreed vocational/CTE instructors, clock hours of vocational/CTE educator training may count as nondegree credits after the instructor has completed the minimum vocational/CTE certification program/training requirements; but clarifies that all three of the above may count when the minimum requirements for the initial vocational/CTE certificate are met, regardless of when the initial certificate is issued. |
| • | Clarifies that experience determined per WAC 392-121-264 Definition -- Certificated years of experience, may not "double count" as nondegree credits per WAC 392-121-259 (3)(a). |
Statutory Authority for Adoption: RCW 28A.150.290(1).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of superintendent of public instruction, governmental.
Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact.
A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
August 6, 2007
Terry Bergeson
OTS-9856.2
AMENDATORY SECTION(Amending WSR 06-19-045, filed 9/15/06,
effective 10/16/06)
WAC 392-121-259
Definition -- Nondegree credits.
As used
in this chapter, "nondegree credits" means credits recognized
for nondegreed certificated instructional employees as
follows:
(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 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 181-77-003(7) ((such
that each calendar year is limited to a maximum of twenty
credits.)), subject to the following conditions and
limitations:
(i) Clock hours of occupational experience used in determining nondegree credits must be earned after meeting the minimum vocational/career and technical education certification requirements of three years (six thousand hours) as established in WAC 181-77-041 (1)(a)(i), regardless of when the initial certificate is issued.
(ii) Nondegree credits based on occupational experience shall be limited to a maximum of twenty credits per calendar year.
(iii) Nondegree credits based on occupational experience shall exclude experience determined pursuant to WAC 392-121-264 (1)(a) through (d).
(b) One credit for each ten clock hours of vocational/career and technical education educator training meeting the requirements of WAC 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 181-77-041 (1)(b) and (c), regardless of when the initial certificate is issued.
(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). 06-19-045, § 392-121-259, filed 9/15/06, effective 10/16/06. 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) 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 181-79A-140 and temporary permits authorized by WAC 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 181-77-003 acquired after the instructor meets the minimum vocational/career and technical education certification requirements of three years (six thousand hours) established in WAC 181-77-041 (1)(a)(i), regardless of when the initial certificate is issued. 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). 06-19-045, § 392-121-264, filed 9/15/06, effective 10/16/06. 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.]