Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-19-111.

     Title of Rule and Other Identifying Information: WAC 181-78A-700 First peoples' language/culture certification program -- Findings, purposes and intent -- Definitions -- Program established -- Tribal eligibility to participate -- Program requirements -- Assignment of teachers -- Reports.

     Hearing Location(s): Comfort Inn, 1620 74th Avenue S.W., Tumwater, WA, US 98501, phone (360) 352-0691, on January 16, 2008, at 8:30 a.m.

     Date of Intended Adoption: January 16, 2008.

     Submit Written Comments to: Nasue Nishida, P.O. Box 47236, Olympia, 98504, e-mail nasue.nishida@k12.wa.us, fax (360) 586-4548, by January 11, 2008.

     Assistance for Persons with Disabilities: Contact Nasue Nishida by January 11, 2008, TTY (360) 664-3631 or (360) 725-6238.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these changes is to comply with passed legislation in SB 5269.

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

     Statute Being Implemented: Amending/adding to chapters 28A.415 and 28A.410 RCW.

     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, 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.

December 4, 2007

Nasue Nishida

Policy and Research Analyst

OTS-9889.1

AMENDATORY SECTION(Amending WSR 07-12-005, filed 5/24/07, effective 6/24/07)

WAC 181-78A-700   First peoples' language((/)), culture, and oral tribal traditions certification program -- Findings, purposes and intent -- Definitions -- Program established -- Tribal eligibility to participate -- Program requirements -- Assignment of teachers -- Reports.   (1) FINDINGS. The professional educator standards board endorses the following:

     (a) Teaching first peoples' languages can be a critical factor in successful educational experiences and promoting cultural sensitivity for all students. The effect is particularly strong for native American students;

     (b) First peoples' languages are falling silent. Despite tribal efforts, first peoples' languages are not fully incorporated into the school systems. This is a loss to the cultural heritage of the affected tribes and to the cultural resources of Washington state;

     (c) Recognition of native American languages under RCW 28A.230.090(3) and 28B.80.350(2), as satisfying state or local graduation requirements and minimum college admission requirements, while concentrating on promoting a positive impact on student learning through state policies, is insufficient to meet the educational needs of native American students;

     (d) The potential to have a positive impact on student learning is in part dependent on the willingness of the local education agency to collaborate with the sovereign tribal government's language/culture program;

     (e) It is within the statutory authority of the professional educator standards board to enhance the learning opportunities for all students by helping prevent the loss of first peoples' languages through assisting the state's sovereign neighbors to sustain, maintain or recover their linguistic heritage, history and culture;

     (f) From the Multi-Ethnic Think Tank position statement, June 2001:

     (i) "...A culturally inclusive pedagogy will ensure the success of all students, who will develop greater appreciation of other cultures and worldviews;"

     (ii) "All students have prior experiences that frame their worldview; learn from childbirth and are lifelong learners; can academically achieve at high levels when they are appropriately taught; and are entitled to learn in a multicultural context;"

     (g) Research has shown that students who study another language may benefit in the following ways: Greater academic success in other areas of study, including reading, social studies, and mathematics; a clearer understanding of the English language including function, vocabulary and syntax; and an increase on standardized test scores, especially in verbal areas;

     (h) From the Native American Languages Act, Public Law 101-477, Section 102, 1990:

     (i) "The traditional languages of Native Americans are an integral part of their cultures and identities and form the basic medium for the transmission, and thus survival, of Native American cultures, literatures, histories, religions, political institutions, and values;"

     (ii) "Languages are the means of communication for the full range of human experiences and are critical to the survival of cultural and political integrity of any people"; and

     (i) There are many sovereign tribal nations in the state of Washington and they serve the needs of many groups of first peoples, each possessing unique languages, cultures and worldviews.

     (2) PURPOSES. The purpose of this section of the established first peoples' language((/)), culture, and oral tribal traditions program is to accomplish the following goals:

     (a) To honor the sovereign status of tribal governments in their sole expertise in the transmission of their indigenous languages, heritage, cultural knowledge, customs, traditions and best practices for the training of first peoples' language((/)), culture, and oral tribal traditions teachers;

     (b) Contribute to a positive impact on student learning by promoting continuous improvement of student achievement of the sovereign tribal government's language/culture learning goals, as established by each sovereign tribal government's language/culture program, and by supporting the goals for multicultural education included in the 2001 position statement developed by the Washington state Multi-Ethnic Think Tank;

     (c) Contribute to the preservation, recovery, revitalization, and promotion of first peoples' languages and cultures;

     (d) Meaningfully acknowledge that language is inherently integral to native American culture and ways of life;

     (e) Implement in a tangible way the spirit of the 1989 Centennial Accord and the 2000 Millennium Accord between Washington state and the sovereign tribal governments in the state of Washington;

     (f) Provide a mechanism for the professional educator standards board to recognize tribally qualified language/culture teachers as eligible to receive a Washington state first peoples' language/culture teaching certificate; and

     (g) Provide the opportunity for native American students to learn first peoples' languages and cultures while at school and provide another avenue for students to learn core curricula through first peoples' worldviews.

     (3) INTENT. It is the intent of the professional educator standards board to work in collaboration with the sovereign tribal governments of Washington state to establish a Washington state first peoples' language((/)), culture, and oral tribal traditions teacher certification program in order to:

     (a) Act in a manner consistent with the policy as specified in the Native American Languages Act, P.L. 101-477 Sec. 104(1) "preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages";

     (b) Act in a manner consistent with Washington state's government-to-government relationship with Washington state sovereign tribal governments and use the Washington state first peoples' language((/)), culture, and oral tribal traditions certification programs to model effective government-to-government relationships;

     (c) Act in a manner consistent with the goal of the state Basic Education Act under RCW 28A.150.210;

     (d) Act in a manner consistent with the following purposes of Public Law 107-110, "No Child Left Behind Act":

     (i) "Holding schools, local education agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education," [Sec. 1002(4)];

     (ii) "Providing children an enriched and accelerated educational program, including the use of schoolwide programs or additional services that increase the amount and quality of instructional time," [Sec. 1002(8)];

     (iii) "Promoting schoolwide reform and ensuring the access of children to effective, scientifically based instructional strategies and challenging academic content," [Sec. 1002(9)];

     (iv) "...Supporting local education agencies, Indian tribes, organizations, postsecondary institutions and other entities to meet the unique education, culturally related academic needs of American Indian and Alaskan Native Students" [Sec. 7102(a)];

     (e) Act on its involvement with and adoption of the 1991 joint policy statement on Indian education:

     "K-12 American Indian dropout prevention is a priority of schools. Effective education needs to be implemented throughout the K-12 school system if the American Indian student is to achieve academic and personal success";

     (f) Acknowledge that there is a public responsibility to make available to all students in the state of Washington an accurate and balanced study of the American Indian experiences with and contributions to life on this continent;

     (g) Act on the following professional educator standards board beliefs:

     (i) In order to meet the needs of all students, highly qualified teachers are required;

     (ii) All professional educator standards board policies and activities should meet the needs of the state's diverse student population;

     (iii) In order for all students to achieve at high levels, multiple learning styles and needs must be supported; and

     (h) Act on the following goals from the professional educator standards board's 2002-05 work plan:

     (i) Professional education and certification requirements are aligned with education reform and support a positive impact on student learning;

     (ii) All students shall be provided equitable educational opportunities.

     (4) DEFINITIONS.

     (a) "Positive impact on student learning" shall mean:

     (i) The same as under WAC 181-78A-010(8) and 180-16-220 (2)(b); and

     (ii)(A) Supporting the goal of basic education under RCW 28A.150.210, "...to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives...";

     (B) Promoting continuous improvement of student achievement of the state learning goals and the sovereign tribal government's language/culture learning goals as established by each sovereign tribal government's language/culture program;

     (C) Recognizing nonacademic student learning and growth related, but not limited, to: Oral traditions, community involvement, leadership, interpersonal relationship skills, teamwork, self-confidence, resiliency, and strengthened unique cultural identities;

     (iii) Developing greater appreciation of other cultures and worldviews;

     (b) A "culturally sensitive environment" honors the unique history, culture, values, learning styles, and community of the student. For example, to demonstrate the value of the language and culture, the homeroom teacher participates in the language/culture classroom. A "culturally sensitive environment" also includes those provisions as outlined in the Washington state joint policy on equity in education, revised in May 2000.

     (c) For the purpose of this section, "highly qualified teachers" shall mean those teachers who meet the standards of the sovereign tribal government's language/culture program.

     (5) PROGRAM ESTABLISHED. A Washington state first peoples' language((/)), culture, and oral tribal traditions teacher certification program is established in January 2007. First peoples' language((/)), culture, and oral tribal traditions teacher certificates issued prior and subsequent to June 30, 2006, shall be kept valid per subsection (7)(d)(iv) of this section.

     (6) TRIBAL ELIGIBILITY TO PARTICIPATE. Any sovereign tribal government in the state of Washington shall be eligible to participate individually on a government-to-government basis in the pilot program.

     (7) PROGRAM REQUIREMENTS.

     (a) Each sovereign tribal government will certify individuals who meet the tribe's criteria for certification as instructors in the Washington state first peoples' language((/)), culture, and oral tribal traditions program.

     (b) Each sovereign tribal government's language/culture program shall submit to the superintendent of public instruction the following information for each eligible language/culture teacher desiring to participate in the program:

     (i) Written documentation that each designated teacher has completed the sovereign tribal government's language/culture teacher certification program;

     (ii) Written documentation that each designated teacher has completed the background check required under RCW 28A.410.010 and WAC 181-79A-150 (1) and (2);

     (iii) Written documentation that each designated teacher has completed a course on issues of abuse as required by RCW 28A.410.035 and WAC 181-79A-030(6);

     (iv) Designation of which language(s), or dialects thereof, shall be listed on the Washington state first peoples' language((/)), culture, and oral tribal traditions certificate;

     (c) After meeting the requirements of (b) of this subsection, the office of the superintendent of public instruction shall issue each teacher a Washington state first peoples' language((/)), culture, and oral tribal traditions teaching certificate;

     (d) Tribes will individually determine the continuing education and first peoples' language((/)), culture, and oral tribal traditions certificate renewal requirements for their tribal language endorsement. As such, each tribe will do the following. Notify the certification division of the office of superintendent of public instruction when:

     (i) A teacher has met the requirements for renewal/continuing education; or

     (ii) A teacher has not met the requirements for renewal/continuing to hold a first peoples' language((/)), culture, and oral tribal traditions certificate; or

     (iii) A tribe, at any time, withdraws a teacher certification for any reason.

     (iv) Every five years, the tribes will provide documentation that the certificate holder continues to meet the requirements of (a) of this subsection;

     (e) To support a positive impact on student learning, the local education agency in consultation with the sovereign tribal government's language/culture program is strongly encouraged to provide:

     (i) A minimum of one contact hour per day, five days a week;

     (ii) Access to the same students from year to year, to the extent possible, so that students who receive instruction during the first year of the program can continue to receive instruction throughout the first year of the program;

     (iii) A culturally sensitive environment as defined in subsection (4)(b) of this section; or

     (iv) Some combination of (e)(i), (ii), and (iii) of this subsection which will allow a positive impact on student learning;

     (f) To document a positive impact on student learning, the sovereign tribal government's language/culture program is encouraged to provide written documentation of how teaching the first peoples' language/culture has supported the promotion of continuous improvement of student achievement of the program learning goals as established by each sovereign tribal government's language/culture program;

     (g) To support a greater understanding of the government-to-government relationship, the professional educator standards board is strongly encouraged to make site visits and attend meetings with the local education agency and the sovereign tribal government's language/culture program;

     (h) Nothing in this section shall be interpreted as precluding any eligible tribe in consultation with the state or in consultation with any local education agency from entering into an inter-governmental agreement or compact related to the teaching of first peoples' languages and cultures in order to address unique issues related to individual sovereign tribal governments.

     (8) ASSIGNMENT OF TEACHERS.

     (a) The holder of a Washington state first peoples' language((/)), culture, and oral tribal traditions teacher certificate shall be deemed qualified to be a teacher of first peoples' language((/)), culture, and oral tribal traditions with the ability to meet individual tribal competency criteria for language/culture, history, and English.

     (b) A Washington state first peoples' language((/)), culture, and oral tribal traditions teacher certificate qualifies the holder to accept a teaching position in a public school district.

     (c) The holder of a Washington state first peoples' language((/)), culture, and oral tribal traditions teacher certificate who does not also hold an initial, residency, continuing or professional certificate shall be assigned to teach only the language(s)/culture(s) designated on the certificate, and no other subject.

     (d) The Washington state first peoples' language((/)), culture, and oral tribal traditions teacher certificate is recognized by the state of Washington for as long as the teacher holds a valid language/culture certificate from a participating sovereign tribal government.

     (e) A Washington state first peoples' language((/)), culture, and oral tribal traditions teacher certificate will serve as the sole endorsement in first peoples' language((/)), culture, and oral tribal traditions for anyone holding an initial, residency, continuing or professional certificate.

     (9) TRIBAL PREPARATION PROGRAM REVIEW.

     (a) Every five years, the joint committee of the professional educator standards board and the first peoples' language/culture committee shall prepare a report that includes:

     (i) Reports from each participating tribe related to progress in meeting program objectives, with particular emphasis on positive impact on students;

     (ii) Appraisal of the government-to-government relationship; and

     (iii) Any relevant recommendations for continued program success.

     (b) In order to promote understanding and collaboration, beginning with the second year of the program, the professional educator standards board may accept invitations from participating tribes to visit at least two tribal programs per year as identified and invited by the individual tribal programs.

     (c) Annually, the professional educator standards board will commit to ensuring a professional educator standards board member(s) and staff attends the first peoples' language/culture committee meeting. The professional educator standards board will proactively identify opportunities to share information about the first peoples' language/culture program in order to support its growth and development.

[Statutory Authority: RCW 28A.410.210. 07-12-005, § 181-78A-700, filed 5/24/07, effective 6/24/07; 07-04-015, § 181-78A-700, filed 1/25/07, effective 2/25/07. Statutory Authority: RCW 28A.410.210 and 28A.410.010. 06-11-161, § 181-78A-700, filed 5/24/06, effective 6/24/06. 06-02-051, recodified as § 181-78A-700, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.305.130 and 28A.410.010. 03-04-026, § 180-78A-700, filed 1/27/03, effective 2/27/03.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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