FINAL BILL REPORT

SHB 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.

C 531 L 09

Synopsis as Enacted

Brief Description: Changing professional educator standards board provisions.

Sponsors: House Committee on Education (originally sponsored by Representatives Orwall, Sullivan, Quall, Priest and Maxwell; by request of Governor Gregoire).

House Committee on Education

House Committee on Education Appropriations

Senate Committee on Early Learning & K-12 Education

Background:

Professional Educator Standards Board.

Created in 2000, the Professional Educator Standards Board (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 (Superintendent) is authorized to issue, suspend, and revoke school employee 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:

Professional Educator Standards Board Responsibilities.

The PESB is specifically charged with:

Professional Educator Standards Board.

The number of governor appointed members is reduced from 20 to 12. The Superintendent of Public Instruction continues to serve on the PESB 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 person may serve as chair for more than four consecutive years.

A majority of the members must be active practitioners with the majority being classroom based. The PESB board must 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 or private schools, involvement in developing quality teaching preparation and support programs, and vision for assuring teaching quality. The Governor must also consider the diversity of the population of the state. Appointments must still be confirmed by the Senate.

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

Certificate Revocation.

Additional appeals to the PESB from the Superintendent's suspension or revocation decisions. Judicial review is still available.

Votes on Final Passage:

House

94

0

Senate

45

1

(Senate amended)

House

95

0

(House concurred)

Effective:

July 26, 2009

August 1, 2009 (Section 2)