WSR 11-12-031

PROPOSED RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed May 25, 2011, 10:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-09-035.

Title of Rule and Other Identifying Information: Amends WAC 181-79A-150, 181-79A-211 and 181-79A-257, clarifies general requirements for educator licenses given new legislation (2009) permitting nonhigher education programs to offer preparation.

Hearing Location(s): New Market Skills Center, 7299 Newmarket Street S.W., Tumwater, WA 98501, on July 7, 2011, at 8:30 a.m.

Date of Intended Adoption: July 7, 2011.

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 June 30, 2011.

Assistance for Persons with Disabilities: Contact David Brenna by June 30, 2011, TTY (360) 664-3631 or (360) 725-6238.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes requirements in line with legislative changes. Clarifies out-of-state program requirements as well.

Reasons Supporting Proposal: Changes in requirements supported in legislation.

Statutory Authority for Adoption: RCW 28A.410.210.

Statute Being Implemented: RCW 28A.410.270.

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

Name of Proponent: Professional educators [educator] standards board, 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.

May 25, 2011

David Brenna

Legislative and

Policy Coordinator

OTS-3995.1


AMENDATORY SECTION(Amending WSR 08-03-100, filed 1/20/08, effective 2/20/08)

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; such program shall have included a defined course of study and a supervised internship. 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. 08-03-100, 181-79A-150, filed 1/20/08, effective 2/20/08; 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 09-12-056, filed 5/28/09, effective 6/28/09)

WAC 181-79A-211   Academic and experience requirements for certification -- Administrators.   Candidates for the respective administrative certificate shall complete the following requirements in addition to those set forth in WAC 181-79A-150 and 181-79A-213.

(1) Superintendent.

(a) Initial.

(i) The candidate shall hold an approved master's degree and have completed subsequent to the baccalaureate degree at least forty-five quarter credit hours (thirty semester credit hours) of graduate level course work in education.

(ii) The candidate ((must meet requirements for a superintendent's certificate pursuant to WAC 181-79A-150(4))) shall 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.

(b) Continuing.

(i) The candidate shall hold an approved master's degree and have completed subsequent to the baccalaureate degree at least sixty quarter credit hours (forty semester credit hours) of graduate level course work in education or shall hold a doctorate in education.

(ii) The candidate ((must meet requirements for a superintendent's certificate pursuant to WAC 181-79A-150(4))) shall 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.

(iii) Candidates applying for continuing superintendent's certificate shall provide documentation of one hundred eighty days or full-time equivalent or more employment in the respective role with an authorized employer -- i.e., school district, educational service district, state agency, college or university, private school, or private school system -- and at least thirty days of such employment with the same employer.

(2) Principal.

(a) Initial.

(i) The candidate shall hold an approved master's degree and have completed an approved program for the preparation of principals.

(ii) The candidate shall have documented successful school-based experience in an instructional role with students.

(b) Residency.

(i) The candidate shall hold an approved master's degree ((and have completed an approved program for the preparation of principals)).

(ii) The candidate shall have documented successful school-based experience in an instructional role with students.

(iii) The candidate shall have or have held:

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

(B) A valid education staff associate certificate, excluding certificates issued under WAC 181-79A-231.

(iv) Persons whose teacher of educational staff associate certificates were revoked, suspended or surrendered are not eligible for principals certificates.

(c) Continuing.

(i) The candidate who holds a valid initial principal's certificate issued prior to August 31, 1998, shall hold an approved master's degree and completed subsequent to the baccalaureate degree at least forty-five hours (thirty semester hours) of graduate level course work in education or shall hold a doctorate in education.

(ii) The candidate who applies on or after August 31, 1998, shall hold a valid initial principal's certificate, an approved master's degree and shall have completed at least fifteen quarter (ten semester) credit hours of graduate course work offered by a college or university with a state approved principal program or one hundred fifty clock hours of study, which meet the state continuing education clock hour criteria pursuant to chapter 181-85 WAC, or a combination of credits and clock hours equivalent to the above. Such study shall:

(A) Be based on the principal performance domains included in WAC 181-78A-270 (2)(a) or (b);

(B) Be taken subsequent to the issuance of the initial principal's certificate; and

(C) Be determined in consultation with and approved by the candidate's employer or the administrator of a state approved principal preparation program.

(iii) Provided, That a candidate who held a valid initial principal's certificate on August 31, 1998, may meet the academic requirement for the continuing certificate described in WAC 181-79A-211 (2)(c)(i), if the candidate meets requirements for and applies for the continuing certificate by the expiration date on that initial certificate.

(iv) The candidate must meet requirements for a principal's certificate pursuant to WAC 181-79A-150(4).

(v) Candidates applying for continuing principal's certificate shall provide documentation of one hundred eighty days or full-time equivalent or more employment in the respective role with an authorized employer -- i.e., school district, educational service district, state agency, college or university, private school, or private school system -- and at least thirty days of such employment with the same employer. Candidates applying for the continuing principal's certificate on or after August 31, 1998, shall provide documentation of three contracted school years of full-time employment as a principal or assistant principal.

(vi) Provided, That a candidate who held a valid initial principal's certificate on August 31, 1998, may meet the one hundred-eighty day experience requirement described in WAC 181-79A-211 (2)(c)(v), if that candidate meets requirements and applies for the continuing certificate by the expiration date on that initial certificate.

(d) Professional certificate.

(i) The candidate shall have completed an approved professional certificate program.

(ii) The candidate shall have documentation of three contracted school years of employment as a principal or assistant principal.

(3) Program administrator.

(a) Initial.

(((i))) The candidate shall hold an approved master's degree and have completed subsequent to the baccalaureate degree at least twenty-four quarter credit hours (sixteen semester credit hours) of graduate level course work in education.

(b) Residency certificate.

The candidate shall hold an approved master's degree and have completed an approved program for the preparation of program administrators.

(c) Continuing.

(i) The candidate shall hold a valid initial program administrator's certificate, an approved master's degree and have completed subsequent to the baccalaureate degree at least thirty quarter credit hours (twenty semester credit hours) of graduate level course work in education or shall hold a doctorate in education.

(ii) Candidates applying for continuing program administrator's certificate shall provide documentation of one hundred eighty days or full-time equivalent or more employment in the respective role with an authorized employer -- i.e., school district, educational service district, state agency, college or university, private school, or private school system -- and at least thirty days of such employment with the same employer.

(d) Professional certificate.

The candidate shall have completed an approved professional certificate program.

[Statutory Authority: RCW 28A.410.210. 09-12-056, 181-79A-211, filed 5/28/09, effective 6/28/09; 08-15-141, 181-79A-211, filed 7/22/08, effective 8/22/08; 06-14-010, 181-79A-211, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-79A-211, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 05-23-041, 180-79A-211, filed 11/9/05, effective 12/10/05. Statutory Authority: RCW 28A.305.130 and 28A.410.010. 02-18-037, 180-79A-211, 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-211, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 28A.410.010. 01-03-152, 180-79A-211, filed 1/24/01, effective 2/24/01. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) and (2). 99-23-023, 180-79A-211, 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-211, filed 12/23/98, effective 1/23/99.]


AMENDATORY SECTION(Amending WSR 09-16-018, filed 7/24/09, effective 8/24/09)

WAC 181-79A-257   Out-of-state candidates.   Candidates for certification from other states who meet the general certificate requirements described in WAC 181-79A-150 (1) and (2) shall be eligible for Washington certificates as follows:

(1) ((Initial and)) Residency certificates. The ((initial certificate ())residency certificate ((for teachers after August 31, 2000,))) shall be issued by the superintendent of public instruction to any candidate who meets requirements for the residency certificate including testing requirements as described in RCW 28A.410.220, and who ((passes the WEST-B and)) meets one of the following:

(a) ((Qualifies under provisions of the interstate compact.

(b))) Holds the appropriate degree and, if applicable, credit hours and/or licensing as set forth in this chapter ((and)) has completed a state approved preparation program ((at a regionally accredited college or university)) in the professional field for which the certificate is to be issued and such additional professional fields as required by WAC 181-79A-150(4). Such programs shall include a defined course of study and a supervised internship.

(((c))) (b) Provided, That if a candidate for teacher, administrator or educational staff associate certification does not meet the qualifications described in (a) ((or (b))) of this subsection, ((an initial/)) a residency certificate shall be issued to a candidate who:

(i) Holds an appropriate degree from a regionally accredited college or university ((and also)).

(ii) Holds or has held a certificate in the role, comparable to ((an initial/)) a residency certificate, issued by another state and has practiced at the P-12 level in ((that respective)) the role outside the state of Washington for at least three years((: Provided further, That the teacher preparation program through which the teacher earned their teaching certificate included a supervised classroom-based internship.

(d))) within the last seven years.

(c) Holds an appropriate degree from a regionally accredited college or university and has practiced three years as an educational staff associate in that role in a state where such certificate was not required.

(((e))) (d) Holds a valid Nationally Certified School Psychologist (NCSP) certificate issued by the National School Psychology Certification Board (NSPCB) after December 31, 1991, and applies for an initial/residency educational staff associated school psychologist certificate.

(2) ((Continuing certificate. The continuing certificate shall be issued to administrators and educational staff associates on verification that the candidate has met all requirements for initial and continuing certification in the state of Washington.

(3))) Professional certificate. After August 31, 2000, the professional certificate shall be issued to out-of-state candidates if the candidate meets requirements for the residency certificate including testing requirements as described in RCW 28A.410.220, meets the child abuse course work requirement as described in WAC 181-79A-206 (3)(b), and if one of the following conditions is met:

(a) The candidate has completed an advanced level certification procedure approved by the professional educator standards board as equivalent to the approved program procedure required in Washington; or

(b) The candidate holds a valid teaching certificate issued by the National Board for Professional Teaching Standards; or

(c) The candidate holds a valid school counselor certificate issued by the National Board for Professional Teaching Standards; or

(d) A Washington state college or university with an approved professional certificate program verifies that the candidate has met all the requirements of that institution's approved program. The college/university shall evaluate the candidate's background to determine whether or not course work or certification activities are equivalent to that college/university's approved program.

[Statutory Authority: RCW 28A.410.210. 09-16-018, 181-79A-257, filed 7/24/09, effective 8/24/09; 07-20-047, 181-79A-257, filed 9/26/07, effective 10/27/07; 06-14-010, 181-79A-257, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-79A-257, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 05-04-054, 180-79A-257, filed 1/28/05, effective 2/28/05; 04-21-005, 180-79A-257, filed 10/7/04, effective 11/7/04; 04-04-011, 180-79A-257, filed 1/23/04, effective 2/23/04; 04-04-009, 180-79A-257, filed 1/23/04, effective 2/23/04; 01-18-043, 180-79A-257, filed 8/29/01, effective 9/29/01; 01-13-108, 180-79A-257, filed 6/20/01, effective 7/21/01; 00-23-005, 180-79A-257, filed 11/2/00, effective 12/3/00; 00-03-048, 180-79A-257, 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-257, filed 12/23/98, effective 1/23/99.]

Washington State Code Reviser's Office