WSR 24-03-158
PROPOSED RULES
PROFESSIONAL EDUCATOR
STANDARDS BOARD
[Filed January 24, 2024, 7:05 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 23-05-008.
Title of Rule and Other Identifying Information: WAC 181-79A-257 Military servicemembers or spouse licensure.
Hearing Location(s): On March 21, 2024, at 8 a.m., in SeaTac, Washington. Exact meeting location and a link to listen to the meeting virtually will be 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: March 21, 2024.
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. on Monday, March 18, 2024.
Assistance for Persons with Disabilities: Contact PESB, phone 360-725-6275, email pesb.k12.wa.us, by Thursday, March 7, 2024.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update WAC with new language to align with federal licensing guidelines for military servicemembers or their spouses.
Reasons Supporting Proposal: Federal rules require adoption of [the proposal] to align state policy.
Statutory Authority for Adoption: Chapter 28A.410 RCW.
Statute Being Implemented: Chapter 28A.410 RCW.
Rule is necessary because of federal law, 50 U.S.C. 4025a.
Name of Proponent: PESB, governmental.
Name of Agency Personnel Responsible for Drafting: Michael Nguyen, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-489-4471; Implementation: Jeffrey Youde, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-870-0143; and Enforcement: Erica Hernandez-Scott, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-890-2443.
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.
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 adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Scope of exemption for rule proposal:
Is fully exempt.
January 24, 2024
Michael Nguyen
Rules Coordinator
OTS-4376.3
AMENDATORY SECTION(Amending WSR 21-19-131, filed 9/21/21, effective 10/22/21)
WAC 181-79A-257Out-of-state candidates.
Candidates for certification from other states who meet the general certificate requirements described in WAC 181-79A-150 (1) and (2), and the specific requirements for the certificate being sought in chapter 181-77 or 181-79A WAC including, but not limited to, degree, continuing education credit hours, and certification/licensure, shall be eligible for Washington certificates as follows:
(1) Residency or initial certificates. The residency or initial certificate shall be issued by the superintendent of public instruction to any candidate who meets requirements for the certificate including testing requirements as described in RCW 28A.410.220, and chapters 181-01 and 181-02 WAC, and who meets one of the following:
(a) Has completed a state approved preparation program in the professional field for which the certificate is to be issued and such additional professional fields as required by WAC 181-79A-150(4). Such programs shall include a defined course of study and a supervised internship.
(b) If a candidate for teacher, administrator, or educational staff associate certification does not meet the qualifications described in (a) of this subsection, a residency or initial certificate shall be issued to a candidate who holds or has held a certificate in the role, comparable to a residency or initial certificate, issued by another state and has practiced at the P-12 level in the role outside the state of Washington for at least three years.
(c) Holds an appropriate degree from an accredited college or university and has practiced three years as an educational staff associate in that role in a state where such certificate was not required.
(d) Holds a valid Nationally Certified School Psychologist (NCSP) credential issued by the National Association of School Psychologists (NASP); and applies for a residency educational staff associated school psychologist certificate.
(2) Professional certificate. The professional certificate shall be issued to out-of-state candidates if the candidate meets requirements for the initial or residency certificate including testing requirements as described in RCW 28A.410.220 and chapters 181-01 and 181-02 WAC, meets the issues of abuse or emotional or behavioral distress requirement as described in WAC 181-79A-200, and if one of the following conditions is met:
(a) The candidate has completed an advanced level certification procedure approved by the professional educator standards board as equivalent to the approved program procedure required in Washington; or
(b) The candidate holds a valid teaching certificate issued by the National Board for Professional Teaching Standards; or
(c) The candidate holds a valid school counselor certificate issued by the National Board for Professional Teaching Standards.
(3) Military servicemembers and spouses of military servicemembers.
(a) A residency, initial, or professional certificate shall be issued by the superintendent of public instruction to any candidate who holds a valid certificate in the role, comparable to a residency, initial, or professional certificate, who:
(i) Is a military servicemember or spouse of a military servicemember; and
(ii) Remains in good standing with the licensing authority that issued the certificate, and with every other licensing authority that has issued the servicemember or the spouse of a servicemember a license valid at a similar scope of practice.
(b) Under RCW 18.340.020 out-of-state candidates who are military spouses shall receive expedited issuance of the appropriate certificate within 30 days of receiving a completed application in accordance with this section.
(4)(a) Out-of-state candidates must meet the assessment requirements per chapters 181-01 and 181-02 WAC. Equivalent assessments will be published by the board.
(b) Military servicemembers or spouses of military servicemembers issued certificates under subsection (3)(a) of this section are considered to have met assessment requirements per chapters 181-01 and 181-02 WAC.
(5) Out-of-state candidates for educational staff associate certificates under WAC 181-79A-223 are considered to have met the requirement for the professional transitions to public schools course work provided they meet one or more of the following:
(a) Have completed a state-approved program as an educational staff associate in the role; or
(b) Hold or have held a certificate in the role, comparable to a residency or initial certificate, issued by another state and have practiced at the P-12 school level in the role outside the state of Washington for at least three years; or
(c) Hold an appropriate degree from an accredited college or university and have practiced three years as an educational staff associate in that role in a state where such certificate was not required.