WSR 10-20-078

PROPOSED RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed September 29, 2010, 1:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-11-099.

Title of Rule and Other Identifying Information: Revises WAC 181-78A-110, 181-78A-115 and 181-78A-120 to provide for a compliance agreement in addition to an appeal process for preparation programs who are denied approval by the professional educator standards board (PESB).

Hearing Location(s): Comfort Inn, 1620 74th Avenue S.W., Tumwater, WA 98501, on November 9, 2010, at 8:30 a.m.

Date of Intended Adoption: November 9, 2010.

Submit Written Comments to: David Brenna, Legislative and Policy Coordinator, P.O. Box 47236, Olympia, WA 98504, e-mail david.brenna@k12.wa.us, fax (360) 586-4548, by November 2, 2010.

Assistance for Persons with Disabilities: Contact David Brenna by November 2, 2010, TTY (360) 664-3631 or (360) 725-6238.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, programs denied approval may appeal and/or receive limited approval. The rule change will add an option to enter into a compliance agreement with the PESB and continue operating while addressing corrective measures.

Reasons Supporting Proposal: Stakeholder recommendations.

Statutory Authority for Adoption: RCW 28A.410.210.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: PESB, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David Brenna, P.O. Box 42736 [47236], 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 David Brenna, P.O. Box 47236, Olympia, WA 98504, phone (360) 725-6238, fax (360) 586-3631, e-mail david.brenna@k12.wa.us.

September 29, 2010

David Brenna

Legislative and

Policy Coordinator

OTS-3652.1


AMENDATORY SECTION(Amending WSR 06-24-082, filed 12/5/06, effective 1/5/07)

WAC 181-78A-110   Length of time for which program approval status shall be granted.   (1) Existing programs. Based upon review of the program site visit report and other documentation requested, and taking into consideration: The degree to which previously identified issues have been successfully addressed, the relationship and balance between program strengths and weaknesses, and the relative importance of specific unmet criteria to the overall function of the program, the professional educator standards board shall ((take)) exercise professional judgment in taking one of the following actions:

(a) ((One-year)) Limited, approval((;)) of up to one year in length. In issuing limited approval, and depending on the nature of evidence that must be considered to regain full approval, the board may specify the requirement of a:

(i) Focused-site visit related to unmet standards; or

(ii) Written report, related to unmet standards.

(b) ((Five-year)) Full approval((;

(c) Seven-year approval (WAC 181-78A-100(6)))) of either:

(i) Five years; or

(ii) Seven years, per provisions of WAC 181-78A-100(6); or

(((d))) (c) Disapproval (WAC 181-78A-115)((.)):

(i) A program with full five- or seven-year approval prior to the site visit shall not receive a disapproval rating, except under the provisions of subsection (3) of this section.

(ii) A program awarded a disapproval rating may request a hearing conducted through the office of administrative hearings under WAC 181-78A-100 (7)(g) and 10-08-035.

(2) New programs. All new programs shall be conditionally approved for up to two years under WAC 181-78A-105.

(3) The ((superintendent of public instruction)) professional educator standards board, upon receipt of a serious complaint from any source or upon ((her or his initiative, or)) its own initiative ((of the professional educator standards board)) prompted by indications of the need for response, may at any time review all or any part of a preparation program for compliance with the provisions of this chapter. If deviations are found, the professional educator standards board is authorized to ((rescind program approval until the college or university submits an acceptable compliance agreement which will bring the preparation program into compliance as soon as reasonably practicable, but no later than the commencement of the succeeding academic year or six calendar months, whichever is later.

(4) If an acceptable compliance agreement is not developed and approved by the professional educator standards board, the preparation program shall be placed on probationary status and the probationary status provision of WAC 181-78A-115 shall apply)) change the program's current approval status, including full disapproval.

[Statutory Authority: RCW 28A.410.210. 06-24-082, 181-78A-110, filed 12/5/06, effective 1/5/07; 06-14-010, 181-78A-110, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-78A-110, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) and (2). 99-23-023, 180-78A-110, 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, 180-78A-110, filed 12/23/98, effective 1/23/99.]


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

WAC 181-78A-115   ((Probationary status.)) Disapproved programs.   ((Colleges and universities with)) Approved preparation programs shall not lose official approval status until the professional educator standards board has taken final action to disapprove the preparation program((: Provided, That colleges or universities)) pending the provisions under WAC 181-78A-110 (1)(d)(ii) programs shall be permitted ((for the current and one additional academic year)) to continue to prepare and recommend for certification candidates who have been previously admitted to the program, provided that no recommendations for certifications will be accepted later than thirty months following receipt of the formal notice of disapproval ((to continue as an approved preparation program on probationary status for the purpose of completing the preparation program for those candidates for certification currently enrolled in the preparation program and who are scheduled to complete such preparation program within such academic years and for the purpose of regaining professional educator standards board approval)).

[Statutory Authority: RCW 28A.410.210. 06-14-010, 181-78A-115, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-78A-115, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, 180-78A-115, filed 12/23/98, effective 1/23/99.]


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

WAC 181-78A-120   Procedures for reestablishment of approval status for an educator preparation program.   (1) The procedures for the reestablishment of professional educator standards board approval of a preparation program shall be the same as the procedure for initial approval as provided in WAC 181-78A-105, except that if the preparation program continues to operate pursuant to the probationary status provision of WAC 181-78A-115, the professional educator standards board may limit the content of the written plan required by WAC 181-78A-105(3) to program standards determined by the professional educator standards board to be the cause of the ((college or university's probationary)) program's disapproved status.

(2) A disapproved program may submit a compliance agreement for review by the professional educator standards board. If the program submits an acceptable compliance agreement, the program may be granted permission to admit new candidates for a period of time not to exceed twelve calendar months from the date of disapproval. Compliance agreements, not to exceed ten pages, must document the following:

(a) A work plan overview;

(b) A timeline of work that has been and will be performed; and

(c) A matrix that cross references components of the work plan with all unmet standards identified in the site visit report.

[Statutory Authority: RCW 28A.410.210. 06-14-010, 181-78A-120, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-78A-120, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, 180-78A-120, filed 12/23/98, effective 1/23/99.]

Washington State Code Reviser's Office