H-3079

AN ACT Relating to educators; amending RCW 28A.410.090, 28A.410.100, and 28A.410.110; adding new sections to chapter 28A.410 RCW; adding a new section to chapter 42.17 RCW; adding new sections to chapter 43.131 RCW; adding new sections to chapter 28B.20 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

PART I

EDUCATOR DISCIPLINARY BOARD

NEW SECTION. Sec. 101. Unless the context clearly requires otherwise, the definitions in this section apply to sections 102 through 121 of this act.

(1) "Board" means the Washington state educator disciplinary board created in section 104 of this act.

(2) "Educator" means all certificated employees of a school district in this state, including (a) administrators which includes but is not limited to superintendents, principals, and vice-principals; (b) teachers; and (c) educational staff associates.

(3) "Certificate" means the license issued by the superintendent of public instruction to teachers, administrators, and educational staff associates who have met the certification requirements established by the state board of education.

(4) "Member" means a member of the Washington state educator disciplinary board.

NEW SECTION. Sec. 102. The following conduct, acts, or conditions constitute unprofessional conduct for any educator under the jurisdiction of sections 101 through 121 of this act:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption whether or not the act constitutes a crime. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the educator of the crime. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this subsection abrogates rights guaranteed under chapter 9.96A RCW;

(2) Conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or the violation of similar laws of another jurisdiction. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this subsection abrogates rights guaranteed under chapter 9.96A RCW;

(3) For the conviction of any other gross misdemeanor or felony crime relating to the practice of the educational profession. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this subsection abrogates the rights guaranteed under chapter 9.96A RCW;

(4) Violation of any state or federal statute or administrative rule regulating the education profession;

(5) Incompetence, negligence, or malpractice;

(6) Violation of written contract;

(7) Current misuse of:

(a) Alcohol;

(b) Controlled substances; or

(8) Misrepresentation or concealment of a material fact in obtaining a certificate or in reinstatement of the certificate;

(9) Suspension, revocation, or restriction of the educator's certificate by a competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

(10) Failure to cooperate with the board by:

(a) Not furnishing any papers or document;

(b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the board;

(c) Not responding to subpoenas issued by the board, whether or not the recipient of the subpoena is the accused in the proceeding;

(11) Failure to comply with an order issued by the board or an assurance of discontinuance entered into with the board; or

(12) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the board or by the use of threats or harassment against any witness to prevent the witness from providing evidence in a disciplinary proceeding or any other legal action.

NEW SECTION. Sec. 103. A pilot project creating the Washington state educator disciplinary board is established. The members of the board shall select two first class school districts and one second class school district to participate in the pilot project. The jurisdiction of the board is limited to the selected school districts. The board may meet, function, and exercise its powers at any geographical location within each of those three school districts.

NEW SECTION. Sec. 104. The Washington state educator disciplinary board is created. The board shall be composed of seven members. Each member shall be a resident of this state and at least three of the members shall reside east of the summit of the Cascade range. Six of the members shall be actively engaged in the education profession and shall have held a teaching certificate for a period of five years or more before appointment to the board. Four of the six members representing the education profession shall be teachers and the other two members shall be administrators. The final board member shall be a citizen at-large who is not engaged in the education profession.

The attorney general shall be counsel to the board and shall represent it in all legal proceedings.

NEW SECTION. Sec. 105. The board may:

(1) Adopt, amend, and rescind such rules as are deemed necessary to carry out sections 101 through 121 of this act;

(2) Investigate all complaints or reports of unprofessional conduct as provided for in sections 101 through 121 of this act and to hold hearings as provided for in sections 101 through 121 of this act;

(3) Issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under sections 101 through 121 of this act;

(4) Take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under sections 101 through 121 of this act;

(5) Compel attendance of witnesses at hearings;

(6) Take emergency action ordering summary suspension of a certificate, or restriction or limitation of the educator's certificate pending proceedings by the board;

(7) Enter into contracts for professional services determined to be necessary for adequate enforcement of sections 101 through 121 of this act;

(8) Contract with educators or other persons or organizations to provide services necessary for the monitoring and supervision of educators who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the board;

(9) Adopt standards of professional conduct or practice;

(10) In the event of a finding of unprofessional conduct by an educator, impose any sanction against an educator as provided for in sections 101 through 121 of this act;

(11) Enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the conduct in question and an agreement to discontinue that conduct. The educator shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action; and

(12) Designate individuals authorized to sign subpoenas and statements of charges.

NEW SECTION. Sec. 106. Any superintendent or principal, or a school site council formally established and authorized by statute, may submit a written complaint to the board charging an educator with unprofessional conduct and specifying the grounds of the unprofessional conduct. If the board determines that the complaint merits investigation, or if the board has reason to believe, without a formal complaint, that an educator may have engaged in unprofessional conduct, the board shall investigate to determine whether there has been unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action relating to the filing or contents of the complaint.

NEW SECTION. Sec. 107. (1) If the board determines, upon investigation, that there is reason to believe that an educator has engaged in unprofessional conduct, a statement of charge or charges shall be prepared and served upon the educator at the earliest practical time. The statement of charge or charges shall be accompanied by a notice that the educator may request a hearing to contest the charge or charges. The educator shall file a request for hearing with the board within twenty days after being served the statement of charges. The failure to request a hearing constitutes a default, whereupon the board may enter a decision on the basis of the facts available to it.

(2) If a hearing is requested, the time of the hearing shall be fixed by the board as soon as convenient, but the hearing shall not be held earlier than thirty days after service of the charges upon the educator. A notice of hearing shall be issued at least twenty days before the hearing, specifying the time, date, and place of the hearing. The notice shall also notify the educator that a record of the proceeding will be kept, that he or she will have the opportunity to appear personally and to have counsel present, with the right to produce witnesses, who will be subject to cross-examination, and evidence in his or her own behalf, to cross-examine witnesses testifying against him or her, to examine such documentary evidence as may be produced against him or her, to conduct depositions, and to have subpoenas issued by the board.

NEW SECTION. Sec. 108. The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern all hearings before the board. The board has the powers and duties under chapter 34.05 RCW, which include, without limitation, all powers relating to the administration of oaths, the receipt of evidence, the issuance and enforcing of subpoenas, and the taking of depositions.

NEW SECTION. Sec. 109. In the event of a finding of unprofessional conduct, the board shall prepare and serve findings of fact and an order as provided in chapter 34.05 RCW, the administrative procedure act. If the educator is found to have not committed unprofessional conduct, the board shall prepare and serve findings of fact and order of dismissal of the charges, including public exoneration of the educator. The findings of fact and order shall be retained by the board as a permanent record.

NEW SECTION. Sec. 110. An order pursuant to proceedings authorized by sections 101 through 121 of this act, after due notice and findings in accordance with sections 101 through 121 of this act and chapter 34.05 RCW, or an order of summary suspension entered under sections 101 through 121 of this act, shall take effect immediately upon its being served. The order, if appealed to the court, shall not be stayed pending the appeal unless the board or court to which the appeal is taken enters an order staying the order of the board, which stay shall provide for terms necessary to protect the public.

NEW SECTION. Sec. 111. An individual who has been disciplined under section 113 of this act may appeal the decision as provided in chapter 34.05 RCW.

NEW SECTION. Sec. 112. A person whose certificate has been suspended or revoked under section 113 of this act may petition the board for reinstatement after an interval as determined by the board in the order. The board shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided for in section 113 of this act and issue an order of reinstatement.

NEW SECTION. Sec. 113. (1) Upon a finding that an educator has committed unprofessional conduct, the board may issue an order providing for one or any combination of the following:

(a) Revocation of the certificate;

(b) Suspension of the certificate for a fixed or indefinite term;

(d) Requiring the satisfactory completion of a specific program of remedial education or treatment;

(e) The monitoring of the educator's work performance by a supervisor approved by the board;

(f) Censure or reprimand; or

(g) Compliance with conditions of probation for a designated period of time;

(2) An educator's certificate shall be revoked by the board by the conviction of any felony crime described in section 102(2) of this act. A certificate revoked under this subsection may not be reinstated.

NEW SECTION. Sec. 114. (1) In lieu of disciplinary action under section 113 of this act and if the board determines that the unprofessional conduct may be the result of substance abuse, the board may refer the educator to a voluntary substance abuse monitoring program approved by the board. The cost of the treatment shall be the responsibility of the educator, but the responsibility does not preclude payment by an employer, existing insurance coverage, or other sources. Primary alcoholism or drug treatment shall be provided by approved treatment program under RCW 70.96A.020(3). The board is not prohibited from approving additional services and programs as an adjunct to primary alcoholism or drug treatment. Referral to a voluntary substance abuse monitoring program may also include probationary conditions for a designated period of time. If the educator does not consent to be referred to the program or does not successfully complete the program, the board may take appropriate action under section 113 of this act.

(2) The educator shall sign a waiver allowing the program to release information to the board if the educator does not comply with the requirements of this section or is unable to work as an educator with reasonable skill or safety. The substance abuse program shall report to the board any educator who fails to comply with the requirements of this section or the program or who, in the opinion of the program, is unable to work as an educator with reasonable skill or safety. Educators shall report to the board if they fail to comply with this section or do not complete the program's requirements. Educators may, upon the agreement of the program and the board, reenter the program if they have previously failed to comply with this section.

(3) The treatment and pretreatment records of educators referred to in approved programs shall be confidential, shall be exempt from RCW 42.17.250 through 42.17.450, and shall not be subject to discovery by subpoena or admissible as evidence except for monitoring records reported to the board for cause as defined in subsection (2) of this section. Monitoring records relating to educators referred to the program by the board or relating to educators reported to the board for cause shall be released to the board at the request of the board. Records held by the board under this section shall be exempt from RCW 42.17.250 through 42.17.450 and shall not be subject to discovery by subpoena except by the educator.

(4) "Substance abuse," as used in this section, means the impairment, as determined by the board, of an educator's professional services by an addiction to, a dependency on, or the use of alcohol, legend drugs, or controlled substances.

(5) This section does not affect an employer's right or ability to make employment-related decisions regarding an educator. This section does not restrict the authority of the board to take disciplinary action for any other unprofessional conduct.

(6) A person, who, in good faith, reports information or takes action in connection with this section is immune from civil liability for reporting information or taking the action.

(a) The immunity from civil liability provided by this section shall be liberally construed to accomplish the purposes of this section and the persons entitled to immunity shall include:

(i) The treatment facility;

(ii) The professional association operating the program;

(iii) Members, employees, or agents of the program or association;

(iv) Persons reporting an educator as being impaired or providing information about the educator's impairment; and

(v) Professionals supervising or monitoring the course of the educator's treatment or rehabilitation.

(b) The immunity provided in this section is in addition to any other immunity provided by law.

NEW SECTION. Sec. 115. Members of the board shall be appointed by the governor and shall hold office until their successors are appointed and qualified. The members of the first board shall serve for the following terms: Two members for two years, two members for four years, and one member for six years. The citizen at-large member shall serve the initial six-year term. Thereafter members of the board shall be appointed to terms of six years. The terms of office of members shall commence October 1st.

NEW SECTION. Sec. 116. Vacancies on the board shall be filled by the governor. A member appointed to fill a vacancy on the board shall serve for the balance of the unexpired term of the position to which the member was appointed and until the successor is appointed and takes office.

NEW SECTION. Sec. 117. Any member of the board may be removed by the governor for neglect of duty, misconduct, or malfeasance or misfeasance in office. If the governor is satisfied that any member of the board has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement showing the governor's reasons, with the order or removal, and the secretary of state shall forthwith send a certified copy of such order of removal and statement of causes by registered mail to the last known post office address of the member in question.

NEW SECTION. Sec. 118. Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 while engaged in business of the board.

NEW SECTION. Sec. 119. The board shall elect from its members a chair, vice-chair, and secretary, who shall serve for one year and until their successors are elected and qualified. The board shall meet at least once a year or upon the call of the chair at such times and places as the chair shall designate. Four members shall constitute a quorum to transact business.

NEW SECTION. Sec. 120. No member, employee, staff person, or investigator of the educator disciplinary board may be liable in a civil action as a result of acts or omissions made in good faith on behalf of the board. No member, employee, staff person, or investigator of the board or employer may be liable for good faith acts or omissions made in full or partial reliance on recommendations or decisions of the board.

NEW SECTION. Sec. 121. Any person, who, in good faith, files charges or presents evidence against an educator based on the claimed incompetency or gross misconduct of the educator before the board shall be immune from civil action for damages arising from such activities. The proceedings, reports, and written records of the board, or of a member, employee, staff person, or investigator of the board, are confidential and shall not be subject to subpoena or discovery proceedings in any civil action, except actions arising from the recommendations of the board involving the restriction or revocation of a teaching certificate.

NEW SECTION. Sec. 122. A new section is added to chapter 42.17 RCW to read as follows:

The treatment and pretreatment records of educators referred to approved treatment programs under sections 101 through 121 of this act are exempt from the provisions of RCW 42.17.250 through 42.17.450.

NEW SECTION. Sec. 123. Sections 101 through 121 of this act are each added to chapter 28A.410 RCW.

Sec. 124. RCW 28A.410.090 and 1990 c 33 s 408 are each amended to read as follows:

(1) Except as provided in sections 101 through 121 of this 1991 act, any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules and regulations promulgated thereunder may be revoked or suspended by the authority authorized to grant the same upon complaint of any school district superintendent or educational service district superintendent for immorality, violation of written contract, unprofessional conduct, intemperance, or crime against the law of the state.

(2) Except as provided in sections 101 through 121 of this 1991 act, any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a guilty plea or the conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction. The person whose certificate is in question shall be given an opportunity to be heard. Mandatory permanent revocation upon a guilty plea or the conviction of felony crimes specified under this subsection shall apply to such convictions or guilty pleas which occur after July 23, 1989. Revocation of any certificate or permit authorized under this chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section.

Sec. 125. RCW 28A.410.100 and 1990 c 33 s 409 are each amended to read as follows:

Except as provided in sections 101 through 121 of this 1991 act, any teacher whose certificate to teach has been questioned by the filing of a complaint by a school district superintendent or educational service district superintendent under RCW 28A.410.090 shall have a right to be heard by the issuing authority before his or her certificate is revoked. Except as provided in sections 101 through 121 of this 1991 act, any teacher whose certificate to teach has been revoked shall have a right of appeal to the state board of education if notice of appeal is given by written affidavit to the board within thirty days after the certificate is revoked.

Except as provided in sections 101 through 121 of this 1991 act, an appeal to the state board of education within the time specified shall operate as a stay of revocation proceedings until the next regular or special meeting of said board and until the board's decision has been rendered.

Sec. 126. RCW 28A.410.110 and 1990 c 33 s 410 are each amended to read as follows:

Except as provided in sections 101 through 121 of this 1991 act, in case any certificate or permit authorized under this chapter or chapter 28A.405 RCW is revoked, the holder shall not be eligible to receive another certificate or permit for a period of twelve months after the date of revocation. However, except as provided in sections 101 through 121 of this 1991 act, if the certificate or permit authorized under this chapter or chapter 28A.405 RCW was revoked because of a guilty plea or the conviction of a felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction, the certificate or permit shall not be reinstated.

NEW SECTION. Sec. 127. A new section is added to chapter 43.131 RCW to read as follows:

The Washington state educator disciplinary board and its powers and duties shall be terminated June 30, 1996, as provided in section 128 of this act.

NEW SECTION. Sec. 128. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1997.

(1) RCW 28A.410.--- and 1991 ex.s. c --- s 101 (section 101 of this act);

(2) RCW 28A.410.--- and 1991 ex.s. c --- s 102 (section 102 of this act);

(3) RCW 28A.410.--- and 1991 ex.s. c --- s 103 (section 103 of this act);

(4) RCW 28A.410.--- and 1991 ex.s. c --- s 104 (section 104 of this act);

(5) RCW 28A.410.--- and 1991 ex.s. c --- s 105 (section 105 of this act);

(6) RCW 28A.410.--- and 1991 ex.s. c --- s 106 (section 106 of this act);

(7) RCW 28A.410.--- and 1991 ex.s. c --- s 107 (section 107 of this act);

(8) RCW 28A.410.--- and 1991 ex.s. c --- s 108 (section 108 of this act);

(9) RCW 28A.410.--- and 1991 ex.s. c --- s 109 (section 109 of this act);

(10) RCW 28A.410.--- and 1991 ex.s. c --- s 110 (section 110 of this act);

(11) RCW 28A.410.--- and 1991 ex.s. c --- s 111 (section 111 of this act);

(12) RCW 28A.410.--- and 1991 ex.s. c --- s 112 (section 112 of this act);

(13) RCW 28A.410.--- and 1991 ex.s. c --- s 113 (section 113 of this act);

(14) RCW 28A.410.--- and 1991 ex.s. c --- s 114 (section 114 of this act);

(15) RCW 28A.410.--- and 1991 ex.s. c --- s 115 (section 115 of this act);

(16) RCW 28A.410.--- and 1991 ex.s. c --- s 116 (section 116 of this act);

(17) RCW 28A.410.--- and 1991 ex.s. c --- s 117 (section 117 of this act);

(18) RCW 28A.410.--- and 1991 ex.s. c --- s 118 (section 118 of this act);

(19) RCW 28A.410.--- and 1991 ex.s. c --- s 119 (section 119 of this act);

(20) RCW 28A.410.--- and 1991 ex.s. c --- s 120 (section 120 of this act);

(21) RCW 28A.410.--- and 1991 ex.s. c --- s 121 (section 121 of this act);

(22) RCW 28A.410.--- and 1991 ex.s. c --- s 401 (section 401 of this act); and

(23) RCW 42.17.--- and 1991 ex.s. c --- s 122 (section 122 of this act).

NEW SECTION. Sec. 129. The chapter ..., Laws of 1991 ex. sess. amendments to RCW 28A.410.090, 28A.410.100, and 28A.410.110 (sections 124, 125, and 126 of this act) shall expire June 30, 1997, if sections 101 through 121 of this act, as now existing or hereafter amended, are repealed effective June 30, 1997, by section 128 of this act.

PART II

EDUCATOR ACADEMY

NEW SECTION. Sec. 201. (1) An educator academy is created at the Tacoma branch campus of the University of Washington. The purpose of the educator academy is to develop programs for educators that will enhance the performance of educators and will provide the educators an opportunity for professional renewal and growth.

(2) The educator academy shall develop and implement a program of staff development and professional enrichment for educators that includes but is not limited to the following:

(a) The program shall be designed to offer educators the opportunity to refine and expand their instructional skills, increase their sensitivity to their students, update their content area knowledge, promote personal and professional enrichment, and encourage the development of individualized follow-through plans for continued professional growth. The educator academy shall take contemporary social problems affecting students into consideration in developing the programs.

(b) The program shall be offered at the educator academy and also be developed for use by other entities, including institutions of higher education and school districts.

(c) In developing the program, the educator academy shall review staff development and professional enrichment programs offered in the state of Washington and in other states.

(d) The educator academy shall work with the superintendent of public instruction to develop a plan of providing scholarships to school districts that participate in the educator academy.

(3) The educator academy shall collect information regarding ideas and techniques for improving educator performance and deliver that information to the superintendent of public instruction for dissemination to the school districts.

(4) For the purposes of sections 201 through 204, "educator" means all certificated employees of a school district in this state, including (a) administrators which includes but is not limited to superintendents, principals, and vice-principals; (b) teachers; and (c) educational staff associates.

NEW SECTION. Sec. 202. (1) The educator academy shall be administered by the board of regents with the advice of the educator academy advisory board.

(2) The educator academy and the educator academy advisory board may adopt rules to implement the programs.

NEW SECTION. Sec. 203. (1) The educator academy advisory board is created.

(2) The board shall be composed of fifteen members as follows:

(a) Eight shall be citizen members who are neither educators nor engaged in the education profession, appointed by the governor for four-year terms. In making the appointments the governor shall ensure that a balanced geographic representation of the state is achieved. The citizens shall include parents who, at the time of appointment, have or have had children in the public school system and citizens from the business community;

(b) Seven of the members shall be as follows: One representative from the higher education coordinating board, one representative from the state board of education, one representative from the office of the superintendent of public instruction, one representative from the Washington state school directors' association, one representative from the Washington association of school administrators, one representative from the association of Washington school principals, and one representative from the Washington education association.

(3) Members of the board shall not receive any salary for their services, but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060 for each day actually spent in attending to duties as a member of the board.

(4) A citizen member of the board shall not be, during the term of office, a member of the governing board of any public or private educational institution, or an employee of any state or local agency.

NEW SECTION. Sec. 204. The staff development and professional enrichment programs shall be implemented by pilot project in three school districts by June 30, 1992. The educator academy shall select the three school districts that will participate in the pilot project. Two of the school districts shall be first class school districts and one shall be a second class school district.

NEW SECTION. Sec. 205. If an educator subject to disciplinary proceedings is referred to the educator academy, one-half of the tuition cost of attending the academy shall be paid by the school district employing the educator and one-half of the tuition cost shall be paid by the educator subject to disciplinary action.

NEW SECTION. Sec. 206. (1) The staff development and professional enrichment programs shall be developed by December 1, 1992.

(2) The implementation plan for the school districts participating in the pilot project shall be developed by December 1, 1992.

(3) The educator academy shall submit a report to the legislature regarding the staff development and professional enrichment programs and implementation of those programs by December 31, 1992.

NEW SECTION. Sec. 207. Sections 201 through 203 and 205 of this act are each added to chapter 28B.20 RCW.

PART III

MASTER'S DEGREE

NEW SECTION. Sec. 301. A new section is added to chapter 28A.410 RCW to read as follows:

The state of Washington shall pay one-half of the tuition cost and each educator shall pay one-half of the tuition cost of obtaining a master's degree required under RCW 28A.410.050. This section applies to all courses taken for a master's degree after September 1, 1991.

NEW SECTION. Sec. 302. A new section is added to chapter 28A.410 RCW to read as follows:

(1) Educators who participate under section 301 of this act and have part of the tuition cost for obtaining a master's degree paid by the state of Washington incur an obligation to repay the tuition cost paid for by the state, with interest, unless they teach or are employed as an administrator for five years in the public schools of the state of Washington, under rules adopted by the higher education coordinating board.

(2) The terms of the repayment, including deferral of the interest, shall be consistent with the terms of the federal guaranteed loan program.

(3) The period for repayment shall be five years, with payments accruing quarterly commencing nine months from the date the participant completes or discontinues the course of study.

(4) The entire principal and interest of each payment shall be forgiven for each payment period in which the participant teaches or is employed as an administrator in a public school until the entire repayment obligation is satisfied or the borrower ceases to teach or be employed as an administrator at a public school in this state. Should the participant cease to teach or be employed as an administrator at a public school in this state before the participant's repayment obligation is completed, payments on the unsatisfied portion of the principal and interest shall begin the next payment period and continue until the remainder of the participant's repayment obligation is satisfied.

(5) The board is responsible for collection of repayments made under this section and shall exercise due diligence in such collection, maintaining all necessary records to ensure that maximum repayments are made. Collection and servicing of repayments under this section shall be pursued using the full extent of the law, including wage garnishment if necessary, and shall be performed by entities approved for such servicing by the Washington student loan guaranty association or its successor agency. The board is responsible for forgiving all or parts of such repayments under the criteria established in this section and shall maintain all necessary records of forgiven payments.

(6) Receipts from the payment of principal or interest or any other subsidies to which the board is entitled, that are paid by or on behalf of participants under this section, shall be deposited with the higher education coordinating board and shall be used to cover the costs to the state of Washington of paying one-half of the tuition, maintaining necessary records, and making collections under subsection (5) of this section. The board shall maintain accurate records, of these costs, and all receipts beyond those necessary to pay such costs shall be used to pay tuition costs as provided in section 301 of this act.

PART IV

MISCELLANEOUS

NEW SECTION. Sec. 401. This act shall be known and may be cited as the educator accountability and inservice act.

NEW SECTION. Sec. 402. Part headings as used in this act constitute no part of the law.