PROFESSIONAL EDUCATOR

[Filed July 24, 2023, 3:37 p.m., effective August 24, 2023]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Change the name of the out-of-endorsement waiver to special education preendorsement authorization and shortening validity period from five years to three years, effective September 1, 2023. Update WAC language to more closely align with federal guidance regarding special education qualifications.

Citation of Rules Affected by this Order: Amending WAC 181-82-110.

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

Adopted under notice filed as WSR 23-12-115 on July [June] 7, 2023.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 7, 2023.

AMENDATORY SECTION(Amending WSR 22-23-047, filed 11/8/22, effective 12/9/22)

WAC 181-82-110School district response and support for nonmatched endorsements to course assignment of teachers.

(1) Individuals with initial, residency, endorsed continuing, professional, transitional, or emergency teacher certificates who are employed with a school district may be assigned to classes other than in their areas of endorsement. If teachers are so assigned, the following shall apply:

(a) A designated representative of the district and any 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) Such teaching assignments shall be approved by a formal vote of the local school board for each teacher so assigned.

(2) Special education preendorsement ((waiver))authorization:

(a) A teacher who has completed 240 continuing education credit hours under WAC 181-85-030 of course work applicable to a special education, early childhood special education, teacher of the visually impaired, deaf education, or deaf education with ASL proficiency endorsement shall be eligible for a preendorsement ((waiver))authorization from the special education office under chapter 392-172A WAC. Individuals with a preendorsement ((waiver))authorization are considered to have met the requirements for "substantial professional training" for the appropriate endorsement under WAC 392-172A-02090.

(b) On or after September 1, 2023, all remaining requirements for the special education, early childhood special education, teacher of the visually impaired, deaf education, or deaf education with ASL proficiency endorsement shall be completed within ((five))three years.

(c) Preendorsement waivers or preendorsement authorizations issued before September 1, 2023, shall have a validity period of five years from the date of issue.

(d) A preendorsement waiver shall be considered equivalent to a preendorsement authorization.

(3) Teachers are not subject to nonrenewal or probation based on evaluation of their teaching effectiveness in the out-of-endorsement assignments under this section.