WSR 07-24-075

PROPOSED RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed December 4, 2007, 5:22 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-12-009.

Title of Rule and Other Identifying Information: WAC 181-79A-130 Fee for certification, 181-79A-145 Levels and validity of certificates, 181-79A-150 General requirements -- Teachers, administrators, educational staff associates and first peoples' language/culture teachers, and 181-79A-252 First peoples' language/certificates--Renewal and continuing education requirements.

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-1240.1


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

WAC 181-79A-130   Fee for certification.   (1) In accordance with provisions of RCW 28A.410.060 and 28A.415.010, the fee for certificates which are valid for more than one year, issued by authority of the state of Washington and authorizing the holder to serve in the common schools of the state, shall be as follows:

(a) The first issue of the residency certificate, five dollars for each year of validity;

(b) The continuing certificate, seventy dollars;

(c) The reinstatement, additional endorsement on the teaching certificate, duplicate certificates, substitute certificates, and certificates issued for the purpose of showing a name change, fifteen dollars;

(d) The first peoples' language((/)), culture, and oral tribal traditions teacher certificate, twenty-five dollars; and

(e) Any other certificate or credential or any renewal thereof, five dollars for each year of validity:

(f) Provided, That the fee for all career and technical education certificates shall be one dollar:

(g) Provided, That a one-time late fee for a renewed initial or continuing certificate issued under the provisions of WAC 181-79A-123 (7), (8), or (9) for those whose initial certificate had already expired shall be one hundred dollars.

(2) The fee for any other certificate/credential, or for any renewal thereof, issued by the authority of the state of Washington and authorizing the holder to serve in the common schools of the state, shall be five dollars.

(3) Officials authorized to collect certification fees are educational service district superintendents, local school district superintendents, deans and directors of education at colleges and universities, or their designees. Sovereign tribal governments may collect certification fees for first peoples' language((/)), culture, and oral tribal traditions certificates. The fee must accompany the application for a certificate and shall be transmitted by the receiving district, college or university, sovereign tribal government or program unit designee at least quarterly to the educational service district within which the application is filed for disposition in accordance with provisions of RCW 28A.410.060. The fee shall not be refunded unless the application is withdrawn before it is finally considered (i.e., the issuance of a certificate or a written communication denying such issuance) by the superintendent of public instruction or his or her designee. Fees not refunded shall apply as credit toward certificate fees if such applicant reapplies within twenty-four months of the date of denial. Moneys accrued from certification fees within the boundaries of an educational service district shall be divided in the following manner:

(a) Local school districts employing more than one hundred teachers and other professional staff and collecting certification fees may retain one dollar of each fee in order to hold a professional training institute. If such district does not hold an institute, all such moneys shall be placed to the credit of the educational service district.

(b) No less than fifty percent of the funds accruing within the boundaries of an educational service district shall be used to support program activities related to statewide precertification professional preparation and evaluation.

(c) The remaining funds shall be used to support professional in-service training programs and evaluations thereof.

(d) Use of certification fees described in this section shall be reported annually to the professional educator standards board pursuant to WAC 181-79A-131(5).

[Statutory Authority: RCW 28A.410.210. 07-12-006, 181-79A-130, filed 5/24/07, effective 6/24/07; 06-14-010, 181-79A-130, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-79A-130, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 05-23-043, 180-79A-130, filed 11/9/05, effective 12/10/05. Statutory Authority: RCW 28A.410.010 and 28A.305.130. 05-15-024, 180-79A-130, filed 7/7/05, effective 8/7/05. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) through (4). 02-04-018, 180-79A-130, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 28A.410.010. 01-09-005, 180-79A-130, filed 4/5/01, effective 5/6/01; 00-03-048, 180-79A-130, filed 1/14/00, effective 2/14/00; 97-04-088, 180-79A-130, filed 2/5/97, effective 3/8/97.]


AMENDATORY SECTION(Amending WSR 07-20-047, filed 9/26/07, effective 10/27/07)

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 first issue of a residency certificate for teachers, principals, program administrators, and educational staff associates shall be valid until the holder has completed two consecutive years of successful service in the role in Washington with a school district, state approved private school, or state agency that provides educational services for students. When the teacher, principal, program administrator, or educational staff associate completes two consecutive years of successful service in the role in the state with the same employer, their residency certificate will be reissued with a five-year expiration date; provided, that the second consecutive year of successful service in the role will be considered to be complete for purposes of reissuance if a contract for the third such year has been signed and returned to the employer. 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).

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

[Statutory Authority: RCW 28A.410.210. 07-20-047, 181-79A-145, filed 9/26/07, effective 10/27/07; 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.]


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

WAC 181-79A-150   General requirements -- Teachers, administrators, educational staff associates and first peoples' language((/)), culture, and oral tribal traditions teachers.   The following requirements are to be met by candidates for certification as teachers including career and technical education teachers, administrators, educational staff associates, or first peoples' language((/)), culture, and oral tribal traditions teachers:

(1) Age. No person who is less than eighteen years of age shall receive a certificate to serve in the public or nonpublic schools of Washington state.

(2) Character. Applicants for certificates in Washington state who are not holders of a valid Washington state teacher's, administrator's, educational staff associate's, career and technical education, or first peoples' language((/)), culture, and oral tribal traditions teacher's certificate must give evidence of good moral character and personal fitness as specified in WAC 181-79A-155 and must complete a record check through the Washington state patrol criminal identification system and through the Federal Bureau of Investigation at the applicant's expense as required by RCW 28A.410.010; such record check shall include a fingerprint check using a Washington state patrol approved fingerprint card: Provided, That the superintendent of public instruction may waive the record check for an applicant who has had a record check within the two years prior to application.

(3) Degrees and course work. A candidate for certification shall hold appropriate degrees, licenses, and additional course work as prescribed in chapters 181-79A and 181-77 WAC or have qualified under WAC 181-79A-257 or 181-78A-700.

(4) Approved preparation program. Applicants for certification as teachers, administrators, school counselors, school psychologists and school social workers, except as otherwise provided in WAC 181-79A-257, and 181-79A-231, and in chapter 181-77 WAC, in order to be certified within the state of Washington shall have completed a state approved college/university preparation program in the professional field for which certification is to be issued. Applicants for certification as first peoples' language((/)), culture, and oral tribal traditions teachers shall have completed a sovereign tribal government's first peoples' language((/)), culture, and oral tribal traditions teaching certification program.

(5) Certificates.

(a) Candidates for principal's certificates must hold or have held:

(i) A valid teacher's certificate, excluding certificates issued under WAC 181-79A-231, or comparable out-of-state certificates; or

(ii) A valid educational staff associate certificate and have demonstrated successful school-based experience in an instructional role with students. Persons whose teacher or educational staff associate certificates were revoked, suspended, or surrendered are not eligible for principal's certificates.

(b) Candidates for superintendent's certificates must hold a valid teacher, educational staff associate, program administrator, or principal certificate; excluding certificates issued under WAC 181-79A-231, or comparable out-of-state certificates.

(6) Assessments. See RCW 28A.410.220.

[Statutory Authority: RCW 28A.410.210. 07-12-006, 181-79A-150, filed 5/24/07, effective 6/24/07; 06-14-010, 181-79A-150, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-79A-150, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.305.130 and 28A.410.010. 02-18-037, 180-79A-150, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) through (4). 02-04-018, 180-79A-150, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) and (2). 99-23-023, 180-79A-150, filed 11/9/99, effective 12/10/99. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, 180-79A-150, filed 12/23/98, effective 1/23/99. Statutory Authority: RCW 28A.410.010. 98-01-030, 180-79A-150, filed 12/8/97, effective 1/8/98; 97-04-088, 180-79A-150, filed 2/5/97, effective 3/8/97.]


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

WAC 181-79A-252   First peoples' language((/)), culture, and oral tribal traditions certificates -- Renewal and continuing education requirements.   The following shall apply to first peoples' language((/)), culture, and oral tribal traditions certificates issued pursuant to this chapter:

A first peoples' language((/)), culture, and oral tribal traditions certificate may be renewed for an additional five-year period on application and verification that the individual has met tribal renewal/continuing education requirements.

[Statutory Authority: RCW 28A.410.210. 07-12-006, 181-79A-252, filed 5/24/07, effective 6/24/07.]

Washington State Code Reviser's Office