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

     Purpose: Amends WAC 181-87-050 to establish misrepresentation of teacher assessments for certification[,] constitutes unprofessional practice and is subject to investigation by the office of professional practice.

     Citation of Existing Rules Affected by this Order: Amending X [WAC 181-87-050].

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

      Adopted under notice filed as WSR 12-20-015 on September 24, 2012.

     Changes Other than Editing from Proposed to Adopted Version: Adopted as written in OTS-5000 at public hearing during PESB board meeting November 8, 2012.

     A final cost-benefit analysis is available by contacting David Brenna, 600 Washington Street South, Room 252, Olympia, WA 98504-7236, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: November 8, 2012.

David Brenna

Senior Policy Analyst

OTS-5000.3

AMENDATORY SECTION(Amending WSR 06-02-051, filed 12/29/05, effective 1/1/06)

WAC 181-87-050   Misrepresentation or falsification in the course of professional practice.   Any falsification or deliberate misrepresentation, including omission, of a material fact by an education practitioner concerning any of the following is an act of unprofessional conduct:

     (1) Statement of professional qualifications.

     (2) Application or recommendation for professional employment, promotion, certification, or an endorsement.

     (3) Application or recommendation for college or university admission, scholarship, grant, academic award, or similar benefit.

     (4) Representation of completion of inservice or continuing education credit hours.

     (5) Evaluations or grading of students and/or personnel.

     (6) Financial or program compliance reports submitted to state, federal, or other governmental agencies.

     (7) Information submitted in the course of an official inquiry by the superintendent of public instruction related to the following:

     (a) Good moral character or personal fitness.

     (b) Acts of unprofessional conduct.

     (8) Information submitted in the course of an investigation by a law enforcement agency or by child protective services regarding school related criminal activity.

     (9) Assessments leading to certification.

     (10) An education practitioner who aids, encourages, and/or abets another educator in any falsification or deliberate misrepresentation, including omission, of a material fact in conjunction with the acts listed above commits misrepresentation in the course of professional practice.

[06-02-051, recodified as § 181-87-050, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, § 180-87-050, filed 1/2/90, effective 2/2/90.]