PROFESSIONAL EDUCATOR

[Filed February 1, 2021, 10:18 a.m.]

Preproposal statement of inquiry was filed as WSR 20-08-011.

Title of Rule and Other Identifying Information: WAC 181-79A-228 Emergency teacher certificates.

Hearing Location(s): On March 18, 2021, at 8:00 a.m., virtual board meeting https://www.pesb.wa.gov/about-us/board-meetings/, https://www.pesb.wa.gov/about-us/contact-us/.

Date of Intended Adoption: March 18, 2021.

Submit Written Comments to: Professional Educator Standards Board (PESB), P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, email pesb@k12.wa.us, by March 15, 2021, 8:00 a.m.

Assistance for Persons with Disabilities: Contact PESB, phone 360-725-6275, email pesb@k12.wa.us, by March 10, 2021.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC to extend the period for which emergency certificates are available, providing added flexibility for teacher candidates. Washington state approved teacher preparation programs may recommend candidates for an emergency certificate if they have met all program completion requirements with the exception of one or more of the assessment requirements. The emergency certificate allows teachers to serve in the role while they meet assessment requirements.

Reasons Supporting Proposal: Testing centers continue to operate at a reduced capacity to allow for social distancing. This makes it very challenging for teacher candidates to make appointments to complete their assessment requirements. This rule extends the period for which emergency certificates are available, providing added flexibility for teacher candidates.

Programs may recommend for a first emergency certificate through December 31, 2021.

Programs may recommend for a second emergency certificate through June 30, 2022.

Candidates recommended for an emergency certificate may apply no later than December 31, 2022.

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

Statute Being Implemented: Chapter 28A.410 RCW.

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, 360-867-8424; Implementation and Enforcement: PESB, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-725-6275.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The probable benefits of the rule are greater than its probable cost.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

AMENDATORY SECTION(Amending WSR 20-16-034, filed 7/25/20, effective 8/25/20)

WAC 181-79A-228Emergency teacher certificates.

Emergency teacher certificates, valid for one year, may be issued by the superintendent of public instruction under the following conditions:

(1) A teacher preparation program approved by the professional educator standards board has recommended the candidate as having met all requirements for program completion with the exception of one or more of the following:

(a) The performance assessment as described in WAC 181-78A-232 ((and 181-78A-300));

(b) The content knowledge assessment as described in chapter 181-78A WAC ((181-78A-300 (2)(b))); and

(2) During the validity period of the certificate, preparation program providers are required to inform, advise, and support applicants on assessment requirements as described in WAC 181-78A-231(3).

(3) Teacher preparation programs may recommend candidates for an emergency certificate under this section through ((June 30))December 31, 2021.

(4) One additional one-year emergency certificate may be issued upon recommendation by the preparation program provider. Teacher preparation programs may recommend candidates for this additional one-year emergency certificate through ((December 31, 2021))June 30, 2022.

(5) Candidates recommended for an emergency certificate under this section must apply for that certificate through the office of superintendent of public instruction no later than December 31, 2022.