WSR 14-07-065 PROPOSED RULES PROFESSIONAL EDUCATOR STANDARDS BOARD [Filed March 17, 2014, 11:00 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-23-116.
Title of Rule and Other Identifying Information: Amends WAC 181-82-105 and 181-82-110 to reflect change in assignment requirements for districts. Removes compliance and waiver rules with guidance and reporting rules. Adds new section on reporting.
Hearing Location(s): Trac Center, 6600 Burden Boulevard, Pasco, WA 99301, on May 15, 2014, at 8:30.
Date of Intended Adoption: May 15, 2014.
Submit Written Comments to: David Brenna, 600 Washington Street, Room 400, Olympia, WA 98504, e-mail david.brenna@k12.wa.us, fax (360) 586-4548, by May 8, 2014.
Assistance for Persons with Disabilities: Contact David Brenna by May 8, 2014, (360) 725-6238.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes the policy related to district requirements for assigning teachers. Eliminates compliance requirements and replaces with guidance for districts from the professional educator standards board (PESB). PESB will report on the number of students in classes with endorsed teachers that match the course requirements established by the office of superintendent of public instruction.
Reasons Supporting Proposal: Improves policy for teacher assignment.
Statutory Authority for Adoption: Chapter 28A.410 RCW.
Rule is not necessitated by federal law, federal or state court decision.
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, 600 Washington Street, Olympia, WA 98504, phone (360) 725-6238, fax (360) 586-4548, e-mail david.brenna@k12.wa.us.
March 17, 2014
David Brenna
Senior Policy Analyst
NEW SECTION
WAC 181-82-100 Professional educator standards board annual teacher assignment reporting.
(1) Beginning September 1, 2014, the professional educator standards board shall annually make publicly available:
(a) A report on the number of students in courses assigned to a teacher of record with or without a matching endorsement appropriate to that course by district and statewide.
(b) Publish and update a board-approved table of teaching certificate endorsements appropriate for assignment to each state-approved course code.
(2) No later than September 1, 2017, the professional educator standards board shall adopt performance targets related to teacher assignments match to state course codes and report annually to the house of representatives and senate education committees of the Washington state legislature those districts failing to meet these targets.
AMENDATORY SECTION (Amending WSR 08-12-056, filed 6/2/08, effective 7/3/08)
WAC 181-82-105 Assignment of classroom teachers within districts.
In addition to holding teaching permits or certificates as required by WAC 180-16-220(2), the assignment of classroom teachers in the basic program of education shall comply with the following:
(1) Classroom teachers with standard or unendorsed continuing teacher certificates may be assigned to ((any grade or)) subject areas for which certification is required.
(2) Classroom teachers with initial, residency, endorsed continuing, or professional teacher certificates ((may be)) are best assigned ((only)) to the ((specified grades and specified subject areas stated as)) courses with course codes that, according to the table published by the professional educator standards board, match with an endorsement((s upon)) on their respective certificates or permits.
(3) ((Classroom teachers with initial, residency, endorsed continuing, or professional teacher certificates who have an elementary education endorsement may be assigned to teach any subject in grades K-8.
(4) Any certificated teacher who has completed twenty-four quarter hours (sixteen semester hours) of academic study in a content area that will be offered in grades four through nine may be assigned to that course even if the teacher does not hold an endorsement in that area.
(5) Any certificated teacher may be assigned to a middle school or junior high school block program, which for the purpose of this section shall be defined as the same teacher assigned to teach two or more subject areas to the same group of students, if the teacher has an endorsement in one of the subject areas and has completed or will complete within one year nine quarter hours in each of the other subject areas.
(6) Upon determination by school districts that teachers have the competencies to be effective teachers in alternative settings, individuals with initial, residency, endorsed continuing, or professional teacher certificates may be assigned to teach in alternative schools.
(7) Any certificated teacher may be assigned to courses offered in basic education subject areas not included with the list of endorsements specified in WAC 181-82A-202.
(8) Any certificated teacher may be assigned to serve as a substitute classroom teacher at any grade level or in any subject area for a period not to exceed thirty consecutive school days in any one assignment.
(9) Any certificated person holding a limited certificate as specified in WAC 181-79A-230 or a career and technical education certificate as specified in chapter 181-77 WAC may be assigned as per the provisions of such section or chapter.
(10))) If a teacher is assigned to provide special education, then the district must also comply with chapter 329-172A WAC ((392-172-200 and 392-172-202)).
(((11)(a) For the purpose of this section, the term "specified subject areas" shall mean courses or classes with the same subject area title as specified by the classroom teacher's endorsement and courses or classes which the board of directors of the district, using the endorsement-related assignment table published by the professional educator standards board as a nonbinding guideline, determines to substantially include the same subject area as the endorsement—e.g., a classroom teacher with a health endorsement may be assigned to any course, regardless of course title, which substantially includes health as the subject area.
(b) The endorsement-related assignment table published by the professional educator standards board may not be changed without prior professional educator standards board approval. Endorsement-related assigned classroom teachers must be evaluated annually specific to the assignment and achieve a satisfactory rating to continue in the assignment.
(12) Exceptions to the assignment requirements of subsection (1) of this section must comply with WAC 181-82-110.
(13) School district compliance with this section shall be subject to the state staff review process specified in WAC 180-16-195(2).))
(4) The endorsement to course code table may be changed by the PESB.
AMENDATORY SECTION (Amending WSR 12-16-107, filed 8/1/12, effective 9/1/12)
WAC 181-82-110 ((Exceptions to classroom teacher assignment policy.)) School district response and support for nonmatched endorsements to course assignment of teachers.
((Exceptions to the classroom teacher assignment policy specified in WAC 181-82-105 shall be limited to the following:
(1) Upon determination by school districts that teachers have the competencies to be effective teachers in areas other than their endorsed areas,)) Individuals with initial, residency, endorsed continuing, or professional teacher certificates who have completed provisional status with a school district under RCW 28A.405.220 may be assigned to classes other than in their areas of endorsement. If teachers are so assigned, the following shall apply:
(((a))) (1) A designated representative of the district and any such teacher so assigned shall mutually develop a written plan which provides for necessary assistance to the teacher, and which provides for a reasonable amount of planning and study time associated specifically with the out-of-endorsement assignment;
(((b))) (2) Such teachers shall not be subject to nonrenewal or probation based on evaluations of their teaching effectiveness in the out-of-endorsement assignments;
(((c))) (3) Such teaching assignments shall be approved by a formal vote of the local school board for each teacher so assigned((;
(d) The assignment of such teachers for the previous school year shall be reported annually to the professional educator standards board by the employing school district as required by WAC 180-16-195. Included in the report shall be the number of teachers in out-of-endorsement assignments and the specific assistance being given to the teachers; and
(e) Teachers providing instruction to a cohort of students in two consecutive years may be assigned subject to (b), (c), and (d) of this subsection, provided they are properly endorsed in at least one of the two years they instruct the cohort class.
(2) Teachers with initial, residency, endorsed continuing, or professional teacher certificates who have not completed provisional status with a school district under RCW 28A.405.220 may be assigned to one out-of-endorsement assignment for a maximum of two periods (not more than forty percent full-time equivalent) a day. Conditions described in subsection (1)(a) through (d) of this section shall apply to teachers so assigned.
(3) After August 31, 2000, a teacher who has completed twenty-four quarter credit hours (sixteen semester credit hours) of course work applicable to a special education endorsement shall be eligible for a waiver from the special education office which will allow that person to be employed as a special education teacher. All remaining requirements shall be completed within five years of service as a special education teacher. Teachers who hold certificates endorsed in special education or who have received waivers from the special education office prior to September 1, 2000, shall not be affected by the requirements of this subsection.
(4) After September 1, 2009, a teacher who has completed eighteen quarter credit hours (twelve semester credit hours) of course work applicable to an endorsement, other than special education for which subsection (3) of this section applies, shall be eligible for a conditional waiver from the professional educator standards board. Approved conditional waivers will allow a teacher to be employed in the subject matter area for which they do not hold the endorsement as long as they verify enrollment in an endorsement program within six months of their assignment and attain the full endorsement within four years. Application for a conditional waiver shall be made by both teachers and districts to the professional educator standards board)).
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