Original Notice.
Preproposal statement of inquiry was filed as WSR 21-15-082.
Title of Rule and Other Identifying Information: WAC 181-78A-100 Existing approved programs.
Hearing Location(s): On November 18, 2021, at 8 a.m., at Heathman Lodge 7801 N.E. Greenwood Drive, Vancouver, WA 98662. We will also have a link available to listen to the meeting virtually, which will become available several weeks prior to the meeting. More information regarding this can be found on our website https://www.pesb.wa.gov/about-us/board-meetings/.
Date of Intended Adoption: November 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 8 a.m., Monday, September 15, 2021.
Assistance for Persons with Disabilities: Contact PESB, phone 360-725-6275, email pesb@k12.wa.us, by Thursday, November 4, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule would clarify language and add a program review model for the PESB program standards applicable to school counselor and school psychologist preparation programs.
Reasons Supporting Proposal: Reflects focus group recommendation on a PESB program review model and ensures that school counselor and school psychologist programs demonstrate the applicable PESB program standards.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: PESB, governmental.
Name of Agency Personnel Responsible for Drafting: Sophia Kesky, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-890-5814; Implementation: Tammie Schrader, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-725-6275; and Enforcement: Alexandra Manuel, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-725-6275.
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 at a board meeting. 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, format, and which forms of validation shall be used to evaluate programs.
(II) The provider will submit requested evidence to the board staff.
(III) A review team will review the evidence and request additional information including information provided through interviews with provider staff or affiliates as needed.
((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, expectations, and outcomes established in chapter 181-78A WAC. 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))under 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. The hearing will be conducted through the office of administrative hearings by an administrative law judge ((
per))
under 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))
under WAC 10-08-035 no more than thirty calendar days from the decision date.
(d) Curriculum and instruction review: In addition to annual indicator reviews, the board will publish a schedule for focused curriculum and instruction review for fully approved teacher and principal preparation programs.
(e) The professional educator standards board shall conduct formal reviews to evaluate curriculum and instruction, with particular focus on the cultural competency, diversity, equity, and inclusion standards; the social and emotional learning standards and benchmarks; and the approved preservice educator role standards. The board shall determine the schedule, format, and which forms of documentation and validation shall be used to evaluate programs. The result of the review will be a report. Based on the findings of the report, the board will decide to either renew full approval status or designate the program on limited approval under WAC 181-78A-110 pending action on the findings of the review report.
(i) Curriculum and instruction reviews will be conducted at least every five years and not more frequently than every three years.
(ii) Program providers will submit requested evidence to the staff of the board.
(iii) A review team 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. Members of the review team shall include two preparation program providers at peer programs, at least one P-12 practitioner and one PEAB member with expertise related to the program scheduled for review, and two individuals with expertise related to culturally responsive practice and social and emotional learning.
(iv) Following the review, the review team will provide a report identifying any areas where the program is out of compliance with requirements established under this chapter and the program expectations and outcomes established in WAC 181-78A-220.
(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.
The board will determine whether a formal review will take place and what 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 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 member of the program's professional educator advisory board, one P-12 practitioner with expertise 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))data analyses or in the program's self-study report.
(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)))under WAC 181-78A-235 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, expectations, and outcomes established in chapter 181-78A WAC.
(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))under WAC 181-78A-110.
(d) A provider may request a hearing in instances where it disagrees with the professional educator standards 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))
under 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.
(c) Program administrator programs not implemented in conjunction with a principal or superintendent program will be reviewed on a schedule published by the board.
(4) School ((counseling))counselor programs((.)): School ((counseling))counselor 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))under WAC 181-78A-225. The professional educator standards board will review preparation programs' alignment with any additions to the national standards deemed necessary by the professional educator standards board.
(a) A provider of residency school ((counseling))counselor programs without approval from council for the accreditation for counseling and related education programs 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))under WAC 181-78A-225.
(b) The board will place any existing approved residency school ((counseling))counselor 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))under WAC 181-78A-225.
(c) Annual data analysis: After each annual data submission, the board will give school counselor preparation program providers written analysis of the program's annual data submission.
(d) School counselor preparation program review: The board shall determine the schedule, format, and which forms of validation shall be used to evaluate programs under applicable program approval standards listed in WAC 181-78A-225.
(i) School counselor preparation program reviews will be conducted during the same period of time as their council for the accreditation for counseling and related education programs' review. If the program has been specifically approved to operate under alternative national standards under WAC 181-78A-225, the review will take place as scheduled by the board.
(ii) School counselor 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 under WAC 181-78A-235(3) as have been designated by the board as evidence pertinent to the program approval and review processes.
(iii) 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 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 data analyses.
(iv) 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 preparation program data available at the time of review.
(B) 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. Programs' demonstration of upholding board-approved standards and requirements will be used by the review team to write the review report and will be used by the board in consideration of continued approval status. 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.
(v) 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.
(e) 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 as listed in WAC 181-78A-225.
(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 under 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 30 calendar days from the decision date. (5) School ((psychology))psychologist programs((.)): Providers of school ((psychology))psychologist programs shall comply with accrediting procedures for the National Association for School ((Psychology))Psychologists. School ((psychology))psychologist program providers shall comply with accrediting procedures for the National Association for School ((Psychology))Psychologists, unless the program has been specifically approved to operate under alternative national standards ((per))under WAC 181-78A-225. The professional educator standards board will review preparation programs' alignment with any additions to the national standards deemed necessary by the professional educator standards board.
(a) A provider of school ((psychology))psychologist programs without approval from the National Association for School ((Psychology))Psychologists 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))under WAC 181-78A-225.
(b) The board will place any existing approved school psychology program not accredited from the National Association of School ((Psychology))Psychologists 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))under WAC 181-78A-225.
(c) Annual data analysis: After each annual data submission, the board will give school psychologist preparation program providers written analysis of the program's annual data submission.
(d) School psychologist preparation program review: The board shall determine the schedule, format, and which forms of validation shall be used to evaluate programs under applicable program approval standards listed in WAC 181-78A-225.
(i) School psychologist preparation program reviews will be conducted during the same period of time as their National Association for School Psychologist's review. If the program has been specifically approved to operate under alternative national standards under WAC 181-78A-225, the review will take place as scheduled by the board.
(ii) School psychologist 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 under WAC 181-78A-235(3) as have been designated by the board as evidence pertinent to the program approval and review processes.
(iii) 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 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 data analyses.
(iv) 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 preparation program data available at the time of review.
(B) 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. Programs' demonstration of upholding board-approved standards and requirements will be used by the review team to write the review report and will be used by the board in consideration of continued approval status. 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.
(v) 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.
(e) 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 as listed in WAC 181-78A-225.
(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 under 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 30 calendar days from the decision date. (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))under 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))data 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))
under 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.