Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-23-040.

     Title of Rule and Other Identifying Information: WAC 392-121-262 Finance -- General apportionment -- Certificated instructional staff.

     Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 Washington Street, Olympia, WA 98504, on February 6, 2013, at 10:00 a.m.

     Date of Intended Adoption: February 6, 2013.

     Submit Written Comments to: Ross Bunda, P.O. Box 47200, Olympia, WA 98504-7200, e-mail ross.bunda@k12.wa.us, fax (360) 753-4201, by February 6, 2013.

     Assistance for Persons with Disabilities: Contact Wanda Griffin by February 2, 2013, TTY (360) 664-3631 or (360) 725-6132.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions add a seventh criteria to the list of additional criteria for all credits earned by certificated instructional staff, pursuant to ESHB [ESSB] 5895, section 6 (2012 legislative session).

     Statutory Authority for Adoption: RCW 28A.150.290(1) and 28A.415.023.

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

     Name of Proponent: [OSPI], governmental.

     Name of Agency Personnel Responsible for Drafting: Ross Bunda, OSPI, (360) 725-6308; Implementation: T. J. Kelly, OSPI, (360) 725-6301; and Enforcement: JoLynn Berge, OSPI, (360) 725-6292.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable, no small business impact.

     A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

December 31, 2012

Randy Dorn

State Superintendent

of Public Instruction

OTS-5221.1

AMENDATORY SECTION(Amending WSR 06-19-045, filed 9/15/06, effective 10/16/06)

WAC 392-121-262   Definition -- Additional criteria for all credits.   Credits earned after September 1, 1995, must satisfy the following criteria in addition to those found in WAC 392-121-255, 392-121-257, and 392-121-259:

     (1) At the time credits are recognized by the school district the content of the course must meet at least one of the following:

     (a) It is consistent with a school-based plan for mastery of student learning goals as referenced in RCW 28A.655.110, the annual school performance report, for the school in which the individual is assigned;

     (b) It pertains to the individual's current assignment or expected assignment for the following school year;

     (c) It is necessary for obtaining endorsement as prescribed by the Washington professional educator standards board;

     (d) It is specifically required for obtaining advanced levels of certification;

     (e) It is included in a college or university degree program that pertains to the individual's current assignment or potential future assignment as a certificated instructional staff; ((or))

     (f) It addresses research-based assessment and instructional strategies for students with dyslexia, dysgraphia, and language disabilities when addressing learning goal one under RCW 28A.150.210, as applicable and appropriate for individual certificated instructional staff; or

     (g) Beginning in the 2011-12 school year, it pertains to the revised teacher evaluation system under RCW 28A.405.100, including the professional development training provided in RCW 28A.405.106.

     (2) Credits which have been determined to meet one or more of the criteria in subsection (1) of this section shall continue to be recognized in subsequent school years and by subsequent school district employers; and

     (3) Credits not recognized in a school year may be recognized in a subsequent school year if there is a change in the qualifying criteria such as a change in professional educator standards board rules, a change in the district's strategic plan, a change in the school-based plan for the school in which the individual is assigned, a change in the individual's assignment, or a change in the individual's employer.

[Statutory Authority: RCW 28A.150.290(1). 06-19-045, § 392-121-262, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290(1) and 28A.415.023. 05-22-008, § 392-121-262, filed 10/20/05, effective 1/1/06. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-262, 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), § 392-121-262, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-262, filed 10/18/95, effective 11/18/95.]