Original Notice.
Preproposal statement of inquiry was filed as WSR 20-08-009.
Title of Rule and Other Identifying Information: WAC 181-78A-100 Existing approved programs.
Hearing Location(s): On July 16, 2020, at 8 a.m., at Marriott Seattle Airport, SeaTac, 3201 South 176th Street, Seattle, WA 98188.
Date of Intended Adoption: July 16, 2020.
Submit Written Comments to: Professional Educator Standards Board, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, email pesb@k12.wa.us, by 8:00 a.m., July 13, 2020.
Assistance for Persons with Disabilities: Contact Professional Educator Standards Board (PESB), phone 360-725-6275, email pesb@k12.wa.us, by May 29 [June 26], 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarifies language and adds program review model for career and technical education (CTE) B&I and CTE administrator programs.
Reasons Supporting Proposal: Currently no model is written in rule for reviewing these programs.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: PESB, governmental.
Name of Agency Personnel Responsible for Drafting: Maren Johnson, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-725-6264; Implementation and Enforcement: PESB, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Providers of programs approved by the board shall comply with the review process established in this chapter and published by the board.
(1) Teacher and principal preparation programs: The board will annually review performance data of all educator preparation programs based on components and indicators established in this chapter and published by the board. The professional educator standards board will provide annual updated written guidance to providers regarding the submission of annual program data.
(a) Notification: If annual preparation program data analysis indicates that program performance falls below thresholds during any given review period, the board staff will provide written notification to the educator preparation program provider. The educator preparation program provider may choose to submit a response to the board staff. The response must be received by board staff within four weeks following receipt of the notification by the provider. The response should offer evidence of factors and circumstances that explain why program performance is below board approved thresholds on the indicators identified in the notice. The board staff will offer providers guidance on content and timelines for submission of this optional response. The board will review responses concurrently with annual data analysis reports.
(b) Interventions: Providers with program performance below indicator thresholds are subject to graduated levels of intervention as follows:
(i) Intervention 1 – Required self-study report: If a provider that received written notification of performance below threshold on one or more indicators during the previous review period has performance below thresholds on the same indicator(s) during the subsequent review period, the board will send the provider a second notification. The provider must complete a self-study report related to the components and domain(s) identified in both notifications and submit it to the board. The board will give providers written timelines and guidance for the submission of these materials. In the self-study report, the provider may also submit evidence and a description of the provider's performance related to the indicator(s), components, and domains identified in the notifications. If the board is satisfied with the self-study report, the board will approve it ((on the consent agenda of the))at a board meeting ((following submission)). If the board is not satisfied with the self-study report, staff will give providers additional written timelines and guidance to address the board's concerns.
(ii) Intervention 2 - Formal review: If a provider demonstrates performance below thresholds for a third successive review period or more, the professional educator standards board will provide a third notification. Based on its discretion and authorized by a vote, the board also may require a formal review related to the provider's performance in the domains of practice identified in the notifications. Prior to commencing a formal review, the board will consider the notifications, responses, and self-study report to determine whether to proceed with or postpone a formal review.
(A) The formal review will incorporate the following elements:
(I) The board shall determine the schedule for formal reviews and whether an on-site visit or other forms of documentation and validation will be used to evaluate programs under program approval standards.
(II) The provider will submit requested evidence to the board staff.
(III) A review team, including at least one member of the board, will review the evidence. The review team may request additional information including information provided through interviews with provider staff or affiliates as needed.
(IV) The review team will provide a report to the board identifying areas of practice associated with the previous notifications where the provider is out of compliance with educator preparation program requirements established in WAC 181-78A-300 and the educator preparation program expectations and outcomes established in WAC 181-78A-220. The review team may also identify areas of practice where the provider is out of compliance with educator preparation program requirements that were not associated with previous notifications but were noticed by the review team during the process of review. The report may also identify whether the approved indicators or thresholds are functioning as intended.
(V) Board staff serving on the review team will provide assistance to the review team during the review process but will not serve in an evaluative role.
(VI) The review team will submit its report and other appropriate documentation to the provider and the board within one year of the board designating the program for formal review.
(VII) The board may extend the length of the one-year period for submission of the review team's report up to two years at its discretion.
(B) Providers may submit a reply to the review team report within two weeks following receipt of the report. The reply is to focus on the evidence, conclusions, and recommendations in the report but also may include additional evidence of factors and circumstances that explain why program performance is persistently below board approved thresholds on the indicators identified in the notice and self-study report. The board shall publish the process for submitting and reviewing the reply.
(C) In considering the review team's report, the board may request additional information or review, or take action to extend, or change the program's approval status per the provisions of WAC 181-78A-110.
(c) A provider may request a hearing in instances where it disagrees with the board's decision to extend or change the program's approval status. ((
This request must be made within twenty days from the decision date.)) The hearing will be conducted through the office of administrative hearings by an administrative law judge per chapter
34.05 RCW
and will adhere to the process of brief adjudicated hearings. The provider seeking a hearing will provide a written request to the professional educator standards board in accordance with WAC 10-08-035
no more than thirty calendar days from the decision date.
(d) The board will publish a schedule for its review of the domains, components, indicators and thresholds. This review will occur at least every five years and not more frequently than every two years.
(2) Superintendent programs: The board will annually review data related to the performance of all superintendent programs according to data reporting guidance published by the board.
(a) Annual data analysis: After each annual review period, the board will give superintendent program providers written analysis of the program's annual data submission.
(b) Superintendent program review: The professional educator standards board shall determine the schedule for formal reviews and whether an on-site visit or other forms of documentation and validation shall be used for evaluation.
(i) Superintendent program reviews will be conducted at least every five years and not more frequently than every three years.
(ii) Superintendent program providers will submit requested evidence to the staff of the professional educator standards board.
(iii) A review team, including at least one member of the professional educator standards board, will review the evidence and request additional information including information provided through interviews with provider staff or affiliates as needed. One board staff member will serve on the review team to provide assistance to the review team during the review process but will not serve in an evaluative role. Additional members of the review team shall include at least one ((K-12))P-12 practitioner with expertise related to the program scheduled for review and two individuals with expertise related to the domains of practice identified in annual written analyses.
(iv) One of the two providers with peer representatives on the review team will be scheduled for annual review during the subsequent review period.
(v) At least three months in advance of scheduled review, superintendent program providers must complete a self-study report related to the components and domain(s) identified in the written analyses of annual data submissions. The board will give providers written timelines and guidance for the submission of these materials. In the self-study report, the provider may also provide evidence and a description of the provider's performance related to the indicator(s), components, and domains identified in the notifications. Evidence shall include such data and information from the annual data submissions required per WAC 181-78A-255(2) as have been designated by the board as evidence pertinent to the program approval process.
(c) Following the review, the review team will provide a report identifying any areas where the program is out of compliance with requirements established in WAC 181-78A-300 and the program expectations and outcomes established in WAC 181-78A-220.
(i) The report may also verify or contradict that the approved indicators or thresholds are functioning as intended.
(ii) The board may extend the length of the one-year report period up to two years at its discretion. The review team's report and other appropriate documentation will be submitted to the provider and the board within one year of the board designating the program for formal review.
(iii) Providers may submit a reply to the review team report within two weeks following receipt of the report. The reply is limited to evidence that the review disregarded state standards, failed to follow state procedures for review, or failed to consider evidence that was available at the time of the review. The board shall publish the process for submitting and reviewing the reply.
(iv) In considering the review team's report, the board may request additional information or review, or take action to extend or change the educator preparation program's approval status per the provisions of WAC 181-78A-110.
(d) A provider may request a hearing in instances where it disagrees with the professional educator standards board's decision((
. This request must be made within twenty days from the decision date))
to extend or change the program's approval status. The hearing will be conducted through the office of administrative hearings by an administrative law judge per chapter
34.05 RCW
and will adhere to the process of brief, adjudicated hearings. The provider seeking a hearing will provide a written request to the board in accordance with WAC 10-08-035
no more than thirty calendar days from the decision date.
(3) Program administrator programs: The board will annually review data related to the performance of all program administrator programs according to data and reporting guidelines published by the board.
(a) Program administrator programs implemented in conjunction with principal preparation programs will be reviewed concurrently with that provider's principal preparation program.
(b) Program administrator programs implemented in conjunction with superintendent preparation programs will be reviewed concurrently with that provider's superintendent preparation program.
(4) School counseling programs. ((The board will approve school counseling programs upon receiving notification of the program's approval from the council for the accreditation for counseling and related education programs.)) School counseling program providers shall comply with accrediting procedures for council for the accreditation for counseling and related education programs, unless the program has been specifically approved to operate under alternative national standards per WAC 181-78A-225.
(a) A provider of residency school counseling programs without approval from council for the accreditation for counseling and related education programs shall provide proof to the professional educator standards board ((before November 1, 2018,)) that it will seek such accreditation((. The board will place any existing school counseling program that does not receive council for the accreditation for counseling and related education programs accreditation before November 1, 2022, into disapproval status)), unless the program has been specifically approved to operate under alternative national standards per WAC 181-78A-225.
(b) The board will place any existing approved residency school counseling program not accredited from the council for the accreditation for counseling and related education programs into disapproval status on November 1, 2022, unless the program provider produces evidence of seeking such accreditation, or unless that program has been specifically approved to operate under alternative national standards per WAC 181-78A-225.
(((c) Providers of existing residency school counseling programs without accreditation from the council for the accreditation for counseling and related education programs may continue providing courses and field experience that lead to the residency school counselor certificate if the candidates in their programs pass a licensure exam and complete a Master's degree in any area of counseling from a CACREP-accredited program with at least forty-eight semester or seventy-two quarter hours of graduate-level academic credit covering at the minimum the following six content areas:
(i) Appraisal of individuals;
(ii) Group counseling;
(iii) Cultural diversity in counseling;
(iv) Career development;
(v) Fundamentals of school counseling;
(vi) Practicum/internship: Candidates complete a supervised internship in a school based setting that includes a minimum of four hundred hours of on-the-job professional service and one hour per week of individual supervision provided by a mentor.))
(5) School psychology programs. Providers of school psychology programs shall comply with accrediting procedures for the National Association for School Psychology. ((Approval from the professional educator standards board will be based upon the program receiving approval from))School psychology program providers shall comply with accrediting procedures for the National Association for School Psychology, unless the program has been specifically approved to operate under alternative national standards per WAC 181-78A-225.
(a) A provider of school psychology programs without approval from the National Association for School Psychology shall provide proof to the professional educator standards board that it will seek such accreditation, unless the program has been specifically approved to operate under alternative national standards per WAC 181-78A-225.
(b) The board will place any existing approved school psychology program not accredited from the National Association of School Psychology into disapproval status on November 1, 2022, unless the program provider produces evidence of seeking such accreditation, or unless that program has been specifically approved to operate under alternative national standards per WAC 181-78A-225.
(6) Career and technical education administrator and business and industry route educator preparation programs: The board will annually review data related to the performance of all such programs according to data reporting guidance published by the board.
(a) Annual data analysis: After each annual review period, the board will give career and technical education administrator and business and industry route educator preparation program providers written analysis of the program's annual data submission.
(b) Career and technical education administrator and business and industry route educator preparation program review: The board shall determine the schedule, format, and which forms of documentation and validation shall be used to evaluate programs.
(i) Career and technical education administrator and business and industry route educator preparation program reviews will be conducted at least every five years and not more frequently than every three years.
(ii) At least three months in advance of their scheduled review, career and technical education administrator and business and industry route educator preparation program providers must complete a self-study report related to the components and domain(s) identified in the written analyses of annual data submissions. The board will give providers written timelines and guidance for the submission of these materials.
(iii) Career and technical education administrator and business and industry route educator preparation program providers will submit requested evidence to the staff of the professional educator standards board. Evidence shall include such data and information from the annual data submissions required per WAC 181-78A-235(3) as have been designated by the board as evidence pertinent to the program approval and review processes.
(iv) A review team will review the evidence and request additional information including information provided through documents and interviews with program provider staff or affiliates as needed. One board staff member will serve as chair on the review team during the review process but will not serve in an evaluative role. Additional members of the review team shall include one member of the program's professional educator advisory board, one P-12 practitioner with expertise in career and technical education related to the program scheduled for review, and two representatives of peer programs. Any two of these review team members, or two additional members, must be identified individuals with expertise related to the domains of practice and standard components identified in annual written program feedback analyses or in the program's self-study report. One of the two providers with peer representatives on the review team will be scheduled for the subsequent program review.
(v) The review team will use multiple data sources to address the specific goals listed in this section.
(A) The review team and the preparation program provider will use the self-study report to identify program provider's goals and strategies for improvement.
(B) The review team and the preparation program provider will use preparation program data available at the time of review.
(C) The review team and the preparation program provider will use evidence compiled by the provider that demonstrates performance aligned with all program standards and requirements. Staff of the board will offer program providers guidance regarding the evidence required, how it may be gathered and used, and how it must be submitted.
(vi) The review team will use available evidence to write the review report that will be used by the board in consideration of continued approval status.
(c) Following the review, the review team will provide a report identifying any areas of practice in which program performance is out of alignment with standards and requirements.
(i) The review team's report and other appropriate documentation will be submitted to the provider and the board within six months of the formal review.
(ii) Providers may submit a reply to the review team report within three weeks following receipt of the report. The board shall publish the process for submitting and reviewing the reply.
(iii) In considering the review team's report, the board may request additional information for review, or take action to extend or change the educator preparation program's approval status.
(iv) Based upon the review team's report, the program provider's response, and any subsequent requests for information, as applicable, the board shall take one of the following actions:
(A) The board shall give full approval as described in WAC 181-78A-110 (1)(a).
(B) Limited approval as described in WAC 181-78A-110 (1)(b).
(C) Disapproval as described in WAC 181-78A-110 (1)(c).
(v) A provider may request a hearing in instances where it disagrees with the board's decision to extend or change the program's approval status. The hearing will be conducted through the office of administrative hearings by an administrative law judge per chapter 34.05 RCW and will adhere to the process of brief adjudicated hearings. The provider seeking a hearing will provide a written request to the professional educator standards board in accordance with WAC 10-08-035 no more than thirty calendar days from the decision date.