WSR 09-07-058

PERMANENT RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed March 12, 2009, 8:43 a.m. , effective April 12, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: When the professional educator standards board (PESB) took over rule authority for chapter 181-86 WAC, the title of this section did not get updated. Therefore a technical change is needed to replace state board of education (SBE) with PESB.

Citation of Existing Rules Affected by this Order: Amending chapter 181-86 WAC.

Statutory Authority for Adoption: Chapter 28A.410 RCW.

Adopted under notice filed as WSR 08-19-045 on September 11, 2008.

A final cost-benefit analysis is available by contacting David Brenna, 600 Washington Street, Room 252, Olympia, WA 98504, phone (360) 725-6238, fax (360) 586-4548, e-mail david.brenna@k12.wa.us.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 11, 2009.

David Brenna

Legislative and Policy Coordinator

OTS-1345.1


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

WAC 181-86-155   Appeal procedure to ((SBE)) PESB.   Any person whose certificate has been suspended or revoked by the superintendent of public instruction in accordance with the procedures of this chapter may appeal that decision to the professional educator standards board by filing a notice of appeal with the superintendent of public instruction or the secretary of the professional educator standards board within thirty calendar days of the date of mailing the decision of the superintendent of public instruction. Review by the professional educator standards board shall be conducted as follows:

(1) Review shall be conducted by the professional educator standards board at its next scheduled meeting following notice of appeal unless either the appellant or the superintendent of public instruction requests an extension of the review to the following next scheduled meeting.

(2) Review conducted by the professional educator standards board shall be confined to the record, except that in cases of alleged irregularities in procedures before the superintendent of public instruction, not shown in the record, testimony thereon shall be taken before the professional educator standards board.

(3) The record shall include written briefs submitted.

(4) Oral argument will be permitted if fifteen days advance notice is given to the secretary of the professional educator standards board.

(5) The professional educator standards board will be assisted in its deliberations and its final order by an assistant attorney general who has not been involved in any prior proceeding related to the previous administrative order by the superintendent of public instruction.

(6) The professional educator standards board may affirm the decision of the superintendent of public instruction, remand the matter for further proceedings, modify the decision, or reverse the decision.

(7) If the decision of the professional educator standards board is to modify or reverse the decision of the superintendent of public instruction or to remand the matter for further proceedings, the professional educator standards board shall state its reasons in a written order.

(8) The final order of the professional educator standards board shall be by written order, attested by the secretary of the professional educator standards board, and sent to the appellant by certified mail within ten calendar days of the final decision by the professional educator standards board. In addition, persons aggrieved by a final order shall be advised of their right to judicial review pursuant to RCW 34.05.570.

[Statutory Authority: RCW 28A.410.210. 06-14-010, 181-86-155, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-86-155, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010 and 28A.410.100. 92-24-069, 180-86-155, filed 12/1/92, effective 1/1/93. Statutory Authority: RCW 28A.410.010. 92-15-037, 180-86-155, filed 7/9/92, effective 8/9/92. Statutory Authority: RCW 28A.70.005. 90-02-076, 180-86-155, filed 1/2/90, effective 2/2/90.]

Washington State Code Reviser's Office