WSR 07-24-077

PROPOSED RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

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

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-21-097.

Title of Rule and Other Identifying Information: WAC 181-82-110 Exceptions to classroom teacher assignment policy.

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 establish a waiver proviso process for districts to use when placing a teacher in an out-of-endorsement assignment.

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, 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-1242.1


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

WAC 181-82-110   Exceptions to classroom teacher assignment policy.   Exceptions to the classroom teacher assignment policy specified in WAC 181-82-105 shall be limited to the following:

(1) Upon determination by school districts that teachers have the competencies to be effective teachers in areas other than their endorsed areas, individuals with initial, residency, endorsed continuing, or professional teacher certificates who have completed provisional status with a school district under RCW 28A.405.220 may be assigned to classes other than in their areas of endorsement. If teachers are so assigned, the following shall apply:

(a) A designated representative of the district and any such teacher so assigned shall mutually develop a written plan which provides for necessary assistance to the teacher, and which provides for a reasonable amount of planning and study time associated specifically with the out-of-endorsement assignment;

(b) Such teachers shall not be subject to nonrenewal or probation based on evaluations of their teaching effectiveness in the out-of-endorsement assignments;

(c) Such teaching assignments shall be approved by a formal vote of the local school board for each teacher so assigned; and

(d) The assignment of such teachers for the previous school year shall be reported annually to the professional educator standards board by the employing school district as required by WAC 180-16-195. Included in the report shall be the number of teachers in out-of-endorsement assignments and the specific assistance being given to the teachers.

(2) Teachers with initial, residency, endorsed continuing, or professional teacher certificates who have not completed provisional status with a school district under RCW 28A.405.220 may be assigned to one out-of-endorsement assignment for a maximum of two periods (not more than forty percent full-time equivalent) a day. Conditions described in subsection (1)(a) through (d) of this section shall apply to teachers so assigned.

(3) After August 31, 2000, a teacher who has completed twenty-four quarter credit hours (sixteen semester credit hours) of course work applicable to a special education endorsement shall be eligible for a waiver from the special education office which will allow that person to be employed as a special education teacher. All remaining requirements shall be completed within five years of service as a special education teacher. Teachers who hold certificates endorsed in special education or who have received waivers from the special education office prior to September 1, 2000, shall not be affected by the requirements of this subsection.

(4) After August 31, 2008, a teacher who has completed twenty-four quarter credit hours (sixteen semester credit hours) of course work applicable to an endorsement, or demonstrates they meet at least thirty percent of the endorsement competencies, for an endorsement they do not currently hold, shall be eligible for a proviso of assignment from the professional educator standards board which will allow that person to be assigned in the endorsement area for which they do not hold for one year. The proviso of assignment will be valid for one year and may be renewed up to five years if the teacher provides to the employer satisfactory evidence of continued progress toward meeting the required course work or endorsement competencies for the endorsement. All requests for a proviso of assignment shall be submitted by the local school district. A proviso of assignment renewal must be accompanied with proof of having complied with the conditions established in the previous proviso of assignment.

[Statutory Authority: RCW 28A.410.210. 06-14-010, 181-82-110, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-82-110, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 03-04-023, 180-82-110, filed 1/27/03, effective 2/27/03. Statutory Authority: RCW 28A.150.220(4), 28A.305.130(1), 28A.410.018. 00-18-063, 180-82-110, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-04-008, 180-82-110, filed 1/21/99, effective 2/21/99.]

Washington State Code Reviser's Office