Effective Date of Rule: Immediately upon filing.
Purpose: Communities continue to experience a public health crisis related to the outbreak of the novel coronavirus, COVID-19. Educators face ongoing challenges related to this public health situation. These emergency rule changes would extend existing pandemic supports that address these challenges for educators. The amendment in WAC 181-79A-231 allows increased time for certificate renewal. With the state moving from pandemic response to recovery, allowing flexibility for educators would acknowledge the difficulties educators have faced during the past several years while still valuing professional learning.
Citation of Rules Affected by this Order: Amending WAC 181-79A-231.
Reasons for this Finding: Changes in educational settings due to current public health concerns mean that some educator candidates are unable to meet the certification renewal requirement in a timely manner. WAC 181-79A-231 changes the scope of the transitional certificate and allows it to be issued for all educator certificates subject to renewal under WAC 181-79A-240. The validity period of the transitional certificate would remain two years from issuance, allowing educators who hold the transitional certificate to continue to practice while obtaining the necessary clock hours for their expired certificate.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 16, 2022.
All applicants for limited certificates must meet the age, good moral character, and personal fitness requirements of WAC 181-79A-150 (1) and (2).
Nothing within chapter 181-79A WAC authorizes practice by an educational staff associate which is otherwise prohibited or restricted by any other law, including licensure statutes and rules and regulations adopted by the appropriate licensure board or agency.
(1) Conditional certificate.
(a) Intent. The intent of the conditional certificate is to assist school districts, approved private schools, and educational service districts in meeting the state's educational goals by giving them flexibility in hiring decisions based on shortages or the opportunity to secure the services of unusually talented individuals.
(b) Roles.
(i) Teacher roles. The conditional certificate may be issued to teachers in all endorsement areas. Specific minimum requirements defined in this section apply to the following:
(A) Special education teachers;
(B) Nonimmigrant exchange teachers;
(C) Traffic safety education teachers.
(ii) Educational staff associate roles. The conditional certificate may be issued in the following education staff associate roles:
(A) School counselor;
(B) School nurse;
(C) School psychologist;
(D) School social worker;
(E) School speech language pathologist or audiologist;
(F) School behavior analyst;
(G) School orientation and mobility specialist.
(iii) Administrator role. The conditional certificate may be issued in the following administrator role: Principal.
(c) Request requirements.
(i) When requesting the conditional certificate, the district, the educational service district, or the approved private school will verify that one or more of the following criteria have been met:
(A) The individual has extensive experience, unusual distinction, or exceptional talent in the subject matter to be taught or in the certificate role; or
(B) No person with regular certification in the area is available; or
(C) The individual holds a bachelor's degree or higher from an accredited college or university; or
(D) The individual is enrolled in an educator preparation program specific to the certificate role for which they are applying; or
(E) The individual will serve as a nonimmigrant exchange teacher and meets the specific minimum requirements defined in this section; or
(F) The individual will serve as a traffic safety education teacher and meets the specific minimum requirements defined in this section; or
(G) Circumstances warrant.
(ii) When requesting the conditional certificate, the district, the educational service district, or the approved private school will verify that all of the following criteria have been met:
(A) The district, educational service district, or approved private school has determined that the individual is competent for the assignment; and
(B) After specific inclusion on the agenda and a formal vote, the school board or educational service district board has authorized the conditional certificate; and
(C) The individual is being certificated for a specific assignment and responsibility in a specified activity/field; and
(D) The individual will be delegated primary responsibility for planning, conducting, and evaluating instructional activities; and
(E) The individual will not be serving in a paraeducator role; and
(F) The individual will be oriented and prepared for the assignment. In addition, prior to service, the individual will be apprised of any legal liability, the responsibilities of a professional educator, the lines of authority, and the duration of the assignment; and
(G) The individual will be assigned a mentor within ((twenty))20 working days from the commencement of the assignment; and
(H) A written plan of support will be developed within ((twenty))20 working days from the commencement of the assignment.
(d) Minimum requirements.
(i) Individuals must complete ((fifty))50 continuing education credit hours after the issuance of the certificate, and prior to the reissuance of the certificate. Holders of conditional certificates in the role of nonimmigrant exchange teacher are not required to complete ((fifty))50 continuing education credit hours.
(ii) Special education teacher. The applicant for a conditional teaching certificate in special education shall hold a bachelor's degree or higher from an accredited college or university.
The issuance of a conditional certificate to a special education teacher is contingent upon the individual being enrolled in a state-approved teacher preparation program resulting in a teacher certificate endorsed in special education.
An individual with full certification and endorsed in special education shall be assigned as a mentor to the special education teacher serving on a conditional certificate for the duration of the conditional certificate.
(iii) Traffic safety education teacher. The applicant qualifies to instruct in the traffic safety program under WAC 392-153-021. Written plans of support and mentors are not required for holders of conditional certificates in the role of traffic safety education teacher.
(iv) Nonimmigrant exchange. A conditional certificate in the role of teacher may be issued to an individual admitted to the United States for the purpose of serving as an exchange teacher.
The individual must be eligible to serve as a teacher in the elementary or secondary schools in their country of nationality or last residence.
(v) School counselor. The applicant must hold a bachelor's degree or higher from an accredited college or university, and be enrolled in a state-approved preparation program for the role, in accordance with Washington requirements for certification.
(vi) School nurse. The applicant possesses a state of Washington license for a registered nurse. Applicants who meet the requirements for the initial school nurse certificate will not be issued a conditional school nurse certificate.
(vii) School psychologist. The applicant must hold a bachelor's degree or higher from an accredited college or university, and be enrolled in a state-approved preparation program for school psychologists, in accordance with Washington requirements for certification.
In addition, the candidate shall have completed all course work for the required master's degree, and shall be participating in the required internship.
(viii) School social worker. The applicant must hold a bachelor's degree or higher from an accredited college or university. The applicant must be enrolled in a master's degree program in social work or social welfare.
(ix) School speech language pathologist or audiologist. The applicant has completed a bachelor's degree or higher from an accredited college or university.
(x) School behavior analyst. Applicants must meet one or more of the following:
(A) Hold a valid Washington state department of health license as an assistant behavior analyst. The district, educational service district, or approved private school must provide a supervisor who meets the department of health requirements for a supervisor of assistant behavior analysts; or
(B) Hold a valid board certified assistant behavior analyst (BCABA) certificate from the behavior analyst certification board (BACB). The district, educational service district, or approved private school must provide a supervisor who meets the behavior analyst certification board (BACB) requirements for a supervisor of board certified assistant behavior analyst (BCABA); or
(C) Hold a bachelor's degree, and, must be enrolled in or have completed the course work requirements for the board certified behavior analyst (BCBA) certificate from the behavior analyst certification board (BACB), as verified by the institution providing the behavior analysis course work.
(xi) School orientation and mobility specialist.
(A) Applicants must have completed all requirements for an approved national certificate with the exception of the internship and the assessment, as verified by the institution providing the coursework for the national certificate. The approved national certificates are the certified orientation and mobility specialist (COMS) certificate from the academy for certification of vision rehabilitation and education professionals (ACVREP), and the national orientation and mobility certification (NOMC) from the national blindness professional certification board (NBPCB).
(B) The school employer must ensure the candidate has access to a mentor who meets the requirements for an intern supervisor set by the academy for certification of vision rehabilitation and education professionals (ACVREP) or the national blindness professional certification board (NBPCB).
(xii) Principal. The applicant holds a bachelor's degree from an accredited college or university.
The candidate for conditional certification as a principal shall be enrolled in a program resulting in the issuance of a residency principal certificate, in accordance with Washington requirements for certification.
(e) Validity. The conditional certificate is valid for two years or less, and is only valid for the activity or role specified on the certificate.
The reissuance of the special education conditional certificate will have a validity period of three years or less.
(f) Reissuance.
(i) The conditional certificate may be reissued upon request by the employing local school district, approved private school, or educational service district, provided all conditions for the first issuance of the certificate are met.
(ii) The requesting school district, approved private school, or educational service district will verify that the ((fifty))50 continuing education credit hours earned as a requirement for reissuance of the certificate are designed to support the individual's professional growth, and enhance the individual's knowledge or skills to better assist students in meeting state learning goals.
(iii) Nonimmigrant exchange. The conditional certificate in the role of teacher may be reissued while the individual is being sponsored by a school district in an exchange and visiting teacher program.
(iv) Special education teacher. Conditional certificates in special education may only be reissued once. The reissuance of the special education conditional certificate will have a validity period of three years or less. The special education conditional certificate may only be reissued upon verification by the preparation program provider that the individual is completing satisfactory progress in a state-approved teacher certificate program leading to a special education endorsement.
(v) School speech language pathologist or audiologist. Conditional certificates as a school speech language pathologist or audiologist may be reissued twice.
The conditional certification as a school speech language pathologist or audiologist may be reissued if the candidate is enrolled in a master's degree program resulting in issuance of an initial ESA certificate in accordance with Washington requirements for certification.
The school speech language pathologist or audiologist conditional certificate may be reissued a second time upon verification by the degree provider that the individual is completing satisfactory progress in a master's degree program resulting in issuance of an initial school speech language pathologist or audiologist certificate in accordance with Washington requirements for certification.
(vi) Conditional certificates as a school behavior analyst may be reissued twice.
(vii) Conditional certificates as a school orientation and mobility specialist may be reissued once.
(2) Transitional certificate.
(a) Intent. The transitional certificate provides flexibility for school districts in employing an individual according to this chapter.
(i) Individuals whose continuing certificate has lapsed or expired.
(ii) Individuals whose certificate has lapsed or expired by June 30, 2022, under WAC 181-79A-240.
(b) Roles. The transitional certificate may be issued in roles of teacher, education staff associate, and administrator for continuing certificates or other certificates subject to renewal under WAC 181-79A-240.
(c) Request requirements.
(i) The transitional certificate is issued upon request by a school district, approved private school, or educational service district for an individual whose continuing certificate has lapsed or expired according to this chapter.
(ii) The transitional certificate is issued upon request by a school district, approved private school, or educational service district for an individual whose certificate has expired according to this chapter.
(A) Districts may request a transitional certificate for all certificates other than continuing certificates under this section through December 31, 2023.
(B) Educators under this section must apply for the transitional certificate through the office of the superintendent of public instruction no later than June 30, 2024.
(iii) School districts, approved private schools, and educational service districts are strongly encouraged to develop with the holder of a transitional certificate a plan of support for the holder to complete the necessary certificate renewal requirements under this chapter.
(d) Minimum requirements.
(i) The holder of the transitional certificate must complete the requirements for certificate renewal within two years of the date the holder was issued the transitional certificate.
(ii) No individual whose certificate has been suspended, revoked, or surrendered shall be eligible to be employed under this section.
(e) Validity. The transitional certificate is valid until two years from the date the holder was issued the certificate. The transitional certificate expiration date shall not be calculated under professional educator standards board policy WAC 181-79A-117.
(f) Reissuance. The transitional certificate is not renewable and may not be reissued.
(3) Emergency substitute certificate.
(a) Intent. The intent of the emergency substitute certificate is to assist school districts, approved private schools, and educational service districts with flexibility in meeting educator workforce needs.
(b) Roles.
(i) The emergency substitute certificate may be issued in the role of teacher.
(ii) To ensure that related services personnel deliver special education services in their respective discipline or profession, the emergency substitute certificate may not be issued for individuals to serve in an educational staff associate role in accordance with 34 C.F.R. Part 300.156 (b)(2)(ii).
(iii) Holders of the emergency substitute certificate may serve in the local school district, approved private school, or educational service district which requested the certificate.
(iv) Holders of the emergency substitute certificate may serve as substitutes if the local school district, approved private school, or educational service district has exhausted or reasonably anticipates it will exhaust its list of qualified substitutes under WAC 181-79A-232.
(c) Request requirements.
(i) The emergency substitute certificate is issued upon request by a school district, approved private school, or educational service district.
(ii) If the local school district, approved private school, or educational service district has exhausted or reasonably anticipates it will exhaust its list of qualified substitutes who are willing to serve as substitutes, emergency substitute certificates may be issued to persons not fully qualified as substitutes under WAC 181-79A-232.
(d) Validity. Emergency substitute certificates shall be valid for two years or less.
(e) Reissuance. The emergency substitute certificate may be reissued upon request by the employing local school district, approved private school, or educational service district.
(4) Intern substitute certificate.
(a) Intent. The intent of the intern substitute certificate is to provide the intern the opportunity to serve as a substitute when the cooperating teacher is absent. This provides the intern with experience while allowing for consistency in instruction for the students.
(b) Roles. The intern substitute certificate may be issued to student teachers or intern teachers.
(c) Request requirements.
(i) School districts, educational service districts, and approved private schools may request intern substitute teacher certificates for individuals enrolled in student teaching and internships to serve as substitute teachers in the absence of the cooperating teacher.
(ii) The supervising preparation program provider must approve the candidate for the intern substitute teacher certificate.
(d) Minimum requirements. The holder of the intern substitute certificate may be called at the discretion of the school district, education service district, or approved private school to serve as a substitute teacher only in the classroom(s) to which the individual is assigned as a student teacher or intern.
(e) Validity. The intern substitute teacher certificate is valid for one year or less.
(f) Reissuance. The intern substitute certificate may be reissued upon request by the local school district, approved private school, or educational service district, and approved by the educator preparation program provider.