Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Education Committee

HB 2003

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Changing professional educator standards board provisions.

Sponsors: Representatives Orwall, Sullivan, Quall, Priest and Maxwell; by request of Governor Gregoire.

Brief Summary of Bill

  • Tasks the Professional Educator Standards Board (PESB) with developing, maintaining, and coordinating certain measures related to educator preparation programs.

  • Reduces the number of governor appointed members to the PESB from 20 to 12, alters the membership criteria, and removes the requirement of Senate confirmation.

  • Increases the term of the PESB chair from one year to two years, subject to a term limit that is expanded from 2 consecutive years to 4 consecutive years.

  • Allows the PESB to create informal advisory groups.

  • Deletes statutory provisions which allow a right of appeal to the PESB following certificate revocation.

Hearing Date: 2/10/09

Staff: Cece Clynch (786-7195)

Background:

Professional Educator Standards Board (PESB)

Created in 2000, the PESB was initially created as an advisory board to the Governor, Legislature, the State Board of Education (SBE) and the Office of the Superintendent of Public Instruction (OSPI) on policy issues related to certificated education professionals. The PESB was also directed to create alternative routes to teacher certification and administer new basic skills and subject knowledge assessments for teacher certification. Subsequently, the PESB was given responsibility and authority for policy and oversight of Washington's system of educator preparation, certification, continuing education and assignment. The PESB also serves as an advisory body to the OSPI on issues related to educator recruitment, hiring, mentoring and support, professional growth, retention, evaluation, and revocation and suspension of licensure.

The PESB consists of 20 governor appointed members and the Superintendent of Public Instruction. Members are subject to confirmation by the Senate, serve four year terms, and are prohibited from serving more than two consecutive full terms. The chair is appointed by the governor to a one year term. No board member may serve as chair for more than two consecutive years.

Membership is prescribed as follows:

Certificate Revocation

The Superintendent of Public Instruction is the entity authorized to issue, suspend, and revoke certificates. A certificated person has a right to appeal such a decision to the Superintendent. The appeal procedure consists of two levels, one informal by a review officer appointed by the Superintendent, and the second a formal administrative hearing in conformance with the Administrative Procedure Act (APA). Either the Superintendent or an administrative law judge from the Office of Administrative Hearings presides over the formal hearing and issues the decision. From this decision, there is an additional appeal available to the PESB and the APA also provides for judicial review of such decisions.

Summary of Bill:

PESB Responsibilities

The PESB is specifically charged with:

PESB Board

The number of governor appointed members is reduced from 20 to 12. The Superintendent of Public Instruction continues to serve on the board, members continue to serve four year terms, and the current term limits remain in place. The term of the chair is increased from one year to two years; no board member may serve as chair for more than four consecutive years.

A majority of the members must have classroom experience. The board shall also include individuals possessing experience of one or more of the following types:

In making appointments, the Governor must consider the individual's commitment to quality education and the ongoing improvement of instruction, experiences in the public schools, involvement in developing quality teaching preparation and support programs, and vision for assuring teaching quality. The Governor shall also consider the diversity of the population of the state. The requirement that the Senate confirm appointments to the PESB is removed.

The PESB is authorized to create informal advisory groups as needed to inform the Board's work.

Certificate Revocation

The additional appeal to the PESB from the OSPI's suspension or a revocation decision is deleted. Judicial review of the decision pursuant to the APA is still available.

Appropriation: None.

Fiscal Note: Requested on 2/9/2009.

Effective Date: Section 2 takes effect on August 1, 2009. The remainder of the bill takes effect 90 days after adjournment of the session in which the bill is passed.