WSR 14-03-093
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed January 16, 2014, 4:30 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-23-002.
Title of Rule and Other Identifying Information: WAC 392-121-280 Finance—General apportionment—Placement on LEAP salary allocation documents—Documentation required.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), 600 Washington, Wanamaker Conference Room, Olympia, WA 98504, on February 26, 2014, at 10:00 a.m.
Date of Intended Adoption: February 26, 2014.
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 25, 2014.
Assistance for Persons with Disabilities: Contact Wanda Griffin by February 20, 2014, 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 expand the documentation allowed to demonstrate equivalency for college degrees and credits completed in a country other than the United States, to include documentation allowed by WAC 181-79A-260. These rule revisions also clarify that degrees and credits completed in a country other than the United States do not require documentation of equivalency if that institution of higher education is already accredited (either regionally accredited or accredited by the distance education and training council).
Statutory Authority for Adoption: RCW 28A.150.290(1) and 28A.415.024.
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; no school district fiscal 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).
January 16, 2014
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 11-21-065, filed 10/17/11, effective 11/17/11)
WAC 392-121-280 Placement on LEAP salary allocation documents—Documentation required.
School districts shall have documentation on file and available for review which substantiates each certificated instructional employee's placement on LEAP salary allocation documents. The minimum requirements are as follows:
(1) Districts shall document the date of awarding or conferring of the highest degree including the date upon which the degree was awarded or conferred as recorded on the diploma or transcript from the registrar of the accredited institution of higher education.
(a) If the highest degree is a master's degree, the district shall also document the date of awarding or conferring of the first bachelor's degree.
(b) If the degree was awarded by an institution which does not confer degrees after each term, and all degree requirements were completed at a time other than the date recorded on the diploma or transcript, a written statement from the registrar of the institution verifying a prior completion date shall be adequate documentation.
(c) If the degree program was completed in a country other than the United States, documentation must include ((a written statement)) documentation in English of degree equivalency for the appropriate degree ((from a foreign credentials' evaluation agency approved by the office of superintendent of public instruction)) as allowed by WAC 181-79A-260: Provided, That documentation of degree equivalency is not required if that institution of higher education is already regionally accredited or accredited by the distance education and training council, pursuant to WAC 181-78A-010(7).
(2) Districts shall document academic credits by having on file a transcript from the registrar of the accredited institution of higher education granting the credits. For purposes of this subsection:
(a) An academic credit is deemed "earned" at the end of the term for which it appears on the transcript: Provided, That a written statement from the registrar of the institution verifying a prior earned date may establish the date a credit was earned;
(b) Washington state community college credits numbered one hundred and above are deemed transferable for purposes of WAC 392-121-255(4) subject to the limitations of that same subsection;
(c) Credits are not deemed "earned" at an institution of higher education which transfers-in credits. Such credits must be documented using a transcript from the initial granting institution and are subject to all the limitations of WAC 392-121-255;
(d) If the credits were completed in a country other than the United States, documentation must include a written statement of credit equivalency for the appropriate credits from a foreign credentials' evaluation agency approved by the office of superintendent of public instruction: Provided, That documentation of degree equivalency is not required if that institution of higher education is already regionally accredited or accredited by the distance education and training council, pursuant to WAC 181-78A-010(7); and
(e) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.
(3) Districts shall document in-service credits((;)):
(a) By having on file a document meeting standards established in WAC 181-85-107; and
(b) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.
(4) Districts shall document nondegree credits.
(a) For vocational/career and technical education educator training credits pursuant to WAC 392-121-259(3) districts shall have on file a document meeting standards established in WAC 181-85-107 and evidence that the training was authorized pursuant to WAC 181-77-003 (2), (9), or (12).
(b) For credits calculated from converted occupational experience pursuant to WAC 392-121-259(3) districts shall have on file documents which provide:
(i) Evidence that the occupational experience meets the requirements of WAC 181-77-003(7);
(ii) Evidence of the individual's actual number of hours of employment for each year including dates of employment; and
(iii) The district calculation of converted credits pursuant to WAC 392-121-259(3).
(c) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.
(5) Districts shall document certificated years of experience as follows:
(a) For certificated years of experience obtained and reported on Report S-275 prior to the 1994-95 school year districts shall have on file documents that provide evidence of employment including dates of employment.
(b) For certificated years of experience reported on Report S-275 for the first time after the 1993-94 school year districts shall have on file:
(i) The total number of hours, or other unit of measure, per year for an employee working full-time with each employer;
(ii) The number of hours, or other unit of measure (worked by the employee), per year and dates of employment with each employer, including paid leave and excluding unpaid leave: Provided, That documentation of hours in excess of one full-time certificated year of experience in any twelve-month period is not required;
(iii) The quotient of the hours, or other unit of measure, determined in (b)(ii) of this subsection divided by the hours, or other unit of measure, in (b)(i) of this subsection rounded to two decimal places for each year;
(iv) The name and address of the employer;
(v) For those counting out-of-district experience pursuant to WAC 392-121-264 (1)(a), evidence whether or not the position required professional education certification pursuant to WAC 392-121-264 (1)(a)(ii);
(vi) For those counting experience pursuant to WAC 392-121-264 (1)(b), a brief description of the previous employment which documents the school district's decision that the position was comparable to one requiring certification in the Washington school districts;
(vii) For those counting management experience pursuant to WAC 392-121-264 (1)(e), evidence that the experience meets the requirements of WAC 181-77-003(6);
(viii) For those counting experience (for educational staff associates) pursuant to WAC 392-121-264 (1)(f), evidence that the previous employment meets the requirements in the applicable subsections of WAC 392-121-264 (1)(f).
(6) Any documentation required by this section may be original or copies of the original: Provided, That each copy is subject to school district acceptance or rejection.
(7) The falsification or deliberate misrepresentation, including omission of a material fact concerning degrees, credits, or experience by an education practitioner as defined in WAC 181-87-035 shall be deemed an act of unprofessional conduct pursuant to WAC 181-87-050. In such an event the provisions of chapters 181-86 and 181-87 WAC shall apply.