PERMANENT RULES
PUBLIC INSTRUCTION
Effective Date of Rule: Thirty-one days after filing.
Purpose: These rule revisions update guidance on recognizing, for state funding purposes, up to two years' experience for educational staff associations (ESAs) for service in nonschool positions. ESAs are certificated instructional staff that are occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists. These revisions implement E2SHB 1432 and the 2007-09 state operating budget, section 502(9).
Citation of Existing Rules Affected by this Order: Amending WAC 392-121-264.
Statutory Authority for Adoption: RCW 28A.150.290(1).
Adopted under notice filed as WSR 07-19-042 on September 13, 2007.
Changes Other than Editing from Proposed to Adopted Version: A more accurate determination of the "least restrictive certificate" required (minimum certification requirements) for employment as ESAs in K-12 schools, and the "least restrictive criteria" (minimum requirements for either credentialing or education) for that type of certification, as the standard for what may be considered to be comparable nonschool work experience for ESAs.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: January 16, 2008.
Dr. Terry Bergeson
Superintendent of
Public Instruction
OTS-1293.1
AMENDATORY SECTION(Amending WSR 07-23-041, filed 11/14/07,
effective 12/15/07)
WAC 392-121-264
Definition -- Certificated years of
experience.
Regardless of the experience factors used by a
school district for the purposes of its salary schedule(s), as
used in this chapter, the term "certificated years of
experience" means the number of years of accumulated full-time
and part-time professional education employment prior to the
current reporting school year in the state of Washington,
out-of-state, and a foreign country. School districts shall
report all certificated years of experience including those
beyond the experience limit of the school district's salary
schedule.
(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 and regardless of type of vocational/career and technical education certificate held. 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.
(f) Beginning in the 2007-08 school year, for occupational therapists, physical therapists, nurses, speech-language pathologists, audiologists, counselors, psychologists, and social workers regulated under Title 18 RCW, years of experience may include employment as occupational therapists, physical therapists, nurses, speech-language pathologists, audiologists, counselors, psychologists, and social workers, that does not otherwise meet the requirements of (a) through (e) of this subsection, subject to the following conditions and limitations:
(i) Experience included under this subsection shall be limited to a maximum of two years.
(ii) The calculation of years of experience shall be that one year of experience in a school or other nonschool position counts as one year of experience for the purposes of this subsection, per subsection (2)(a) of this section.
(iii) Employment as occupational therapists shall be limited to the following:
(A) In positions requiring licensure as an occupational therapist under Title 18 RCW, or comparable out-of-state employment; and
(B) While holding a valid occupational therapist license, or other comparable occupational therapist credential.
(iv) Employment as physical therapists shall be limited to the following:
(A) In positions requiring licensure as a physical therapist under Title 18 RCW, or comparable out-of-state employment; and
(B) While holding a valid physical therapist license, or other comparable physical therapist credential.
(v) Employment as nurses shall be limited to the following:
(A) In positions requiring licensure as a registered nurse under Title 18 RCW, or comparable out-of-state employment; and
(B) While holding a valid registered nurse license, or other comparable registered nurse credential.
(vi) Employment as speech-language pathologists or audiologists shall be limited to the following:
(A) In positions requiring the same or similar duties and responsibilities as are performed by speech-language pathologists or audiologists regulated under Title 18 RCW; and
(B) After completion of the minimum requirements for conditional certification as a school speech-language pathologist or audiologist established in WAC 181-79A-231 (1)(c)(iv).
(vii) Employment as counselors shall be limited to the following:
(A) In positions requiring the same or similar duties and responsibilities as are performed by counselors regulated under Title 18 RCW; and
(B) After completion of the minimum requirements for emergency certification as a school counselor established in WAC 181-79A-231(3).
(viii) Employment as psychologists shall be limited to the following:
(A) In positions requiring the same or similar duties and responsibilities as are performed by psychologists regulated under Title 18 RCW; and
(B) After completion of the minimum requirements for emergency certification as a school psychologist established in WAC 181-79A-231(3).
(ix) Employment as social workers shall be limited to the following:
(A) In positions requiring the same or similar duties and responsibilities as are performed by social workers regulated under Title 18 RCW; and
(B) After completion of the minimum requirements for emergency certification as a school social worker established in WAC 181-79A-231(3).
(x) Certificated years of experience as occupational therapists, physical therapists, nurses, speech-language pathologists, audiologists, counselors, psychologists, and social workers, determined pursuant to this subsection and reported on Report S-275, by teachers and other certificated staff who are no longer employed as occupational therapists, physical therapists, nurses, speech-language pathologists, audiologists, counselors, psychologists, and social workers, 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, or other unit of measure, per year for an employee working full-time with each employer;
(ii) Determine the number of hours, or other unit of measure, per year with each employer, including paid leave and excluding unpaid leave;
(iii) Calculate the quotient of the hours, or other unit of measure, determined in (a)(ii) of this subsection divided by the hours, or other unit of measure, 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). 07-23-041, § 392-121-264, filed 11/14/07, effective 12/15/07; 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.]