BILL REQ. #:  Z-0501.2 

Read first time 02/02/09.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to the professional educator standards board membership and duties; amending RCW 28A.410.200, 28A.410.100, and 28A.410.210; adding a new section to chapter 28A.410 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.410 RCW to read as follows:
     The professional educator standards board shall:
     (1) Develop and maintain a research base of educator preparation best practices;
     (2) Develop and coordinate initiatives for educator preparation in high-demand fields;
     (3) Provide program improvement technical assistance to providers of educator preparation programs;
     (4) Assure educator preparation program compliance; and
     (5) Prepare and maintain a cohesive educator development policy framework.

Sec. 2   RCW 28A.410.200 and 2005 c 497 s 202 are each amended to read as follows:
     (1)(a) The Washington professional educator standards board is created, consisting of ((twenty)) twelve members to be appointed by the governor to four-year terms and the superintendent of public instruction. On August 1, 2009, the board shall be reduced to twelve members by ending the terms of the appointed members with the least amount of time remaining in their terms.
     (b) ((As the four-year terms of the first appointees expire or)) Vacancies ((to)) on the board ((occur for the first time,)) shall be filled by appointment or reappointment by the governor ((shall appoint or reappoint the members of the board to one-year to four-year staggered terms. Once the one-year to three-year terms expire, all subsequent terms shall be for)) to terms of four years((, with the terms expiring on June 30th of the applicable year. The terms shall be staggered in such a way that, where possible, the terms of members representing a specific group do not expire simultaneously)).
     (c) No person may serve as a member of the board for more than two consecutive full four-year terms.
     (d) The governor shall ((annually)) biennially appoint the chair of the board ((from among the teachers and principals on the board)). No board member may serve as chair for more than ((two)) four consecutive years.
     (2) ((Seven of the members shall be public school teachers, one shall be a private school teacher, three shall represent higher education educator preparation programs, four shall be school administrators, two shall be educational staff associates, one shall be a classified employee who assists in public school student instruction, one shall be a parent, and one shall be a member of the public.
     (3) Public school teachers appointed to the board must:
     (a) Have at least three years of teaching experience in a Washington public school;
     (b) Be currently certificated and actively employed in a teaching position; and
     (c) Include one teacher currently teaching at the elementary school level, one at the middle school level, one at the high school level, and one vocationally certificated.
     (4) Private school teachers appointed to the board must:
     (a) Have at least three years of teaching experience in a Washington approved private school; and
     (b) Be currently certificated and actively employed in a teaching position in an approved private school.
     (5) Appointees from higher education educator preparation programs must include two representatives from institutions of higher education as defined in RCW 28B.10.016 and one representative from an institution of higher education as defined in RCW 28B.07.020(4).
     (6) School administrators appointed to the board must:
     (a) Have at least three years of administrative experience in a Washington public school district;
     (b) Be currently certificated and actively employed in a school administrator position; and
     (c) Include two public school principals, one Washington approved private school principal, and one superintendent.
     (7) Educational staff associates appointed to the board must:
     (a) Have at least three years of educational staff associate experience in a Washington public school district; and
     (b) Be currently certificated and actively employed in an educational staff associate position.
     (8) Public school classified employees appointed to the board must:
     (a) Have at least three years of experience in assisting in the instruction of students in a Washington public school; and
     (b) Be currently employed in a position that requires the employee to assist in the instruction of students.
     (9) Each major caucus of the house of representatives and the senate shall submit a list of at least one public school teacher. In making the public school teacher appointments, the governor shall select one nominee from each list provided by each caucus. The governor shall appoint the remaining members of the board from a list of qualified nominees submitted to the governor by organizations representative of the constituencies of the board, from applications from other qualified individuals, or from both nominees and applicants.
     (10) All appointments to the board made by the governor shall be subject to confirmation by the senate.
     (11) The governor shall appoint the members of the initial board no later than June 1, 2000.
     (12) In appointing board members, the governor shall consider the diversity of the population of the state.
     (13))) A majority of the members of the board shall have classroom experience. Membership on the board shall include individuals having one or more of the following:
     (a) Experience in one or more of the education roles for which state preparation program approval is required and certificates issued;
     (b) Experience providing a state-approved preparation program;
     (c) Experience providing mentoring and coaching to education professionals or others; and
     (d) Education-related community experience.
     (3) In appointing board members, the governor shall 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 the most effective yet practical system of assuring teaching quality. The governor shall also consider the diversity of the population of the state.
     (4) Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.
     (((14))) (5) The governor may remove a member of the board for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member.
     (((15) If a vacancy occurs on the board, the governor shall appoint a replacement member from the nominees as specified in subsection (9) of this section to fill the remainder of the unexpired term. When filling a vacancy of a member nominated by a major caucus of the legislature, the governor shall select the new member from a list of at least one name submitted by the same caucus that provided the list from which the retiring member was appointed.
     (16))) (6) Members of the board shall hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes only.
     (7) Members of the board may create informal advisory groups as needed to inform the board's work.

Sec. 3   RCW 28A.410.100 and 2005 c 497 s 207 are each amended to read as follows:
     Any teacher whose certificate to teach has been questioned under RCW 28A.410.090 shall have a right to be heard by the issuing authority before his or her certificate is revoked. ((Any teacher whose certificate to teach has been revoked shall have a right of appeal to the Washington professional educator standards board if notice of appeal is given by written affidavit to the board within thirty days after the certificate is revoked.
     An appeal to the Washington professional educator standards board 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. 4   RCW 28A.410.210 and 2008 c 176 s 1 are each amended to read as follows:
     The purpose of the professional educator standards board is to establish policies and requirements for the preparation and certification of educators that provide standards for competency in professional knowledge and practice in the areas of certification; a foundation of skills, knowledge, and attitudes necessary to help students with diverse needs, abilities, cultural experiences, and learning styles meet or exceed the learning goals outlined in RCW 28A.150.210; knowledge of research-based practice; and professional development throughout a career. The Washington professional educator standards board shall:
     (1) Establish policies and practices for the approval of programs of courses, requirements, and other activities leading to educator certification including teacher, school administrator, and educational staff associate certification;
     (2) Establish policies and practices for the approval of the character of work required to be performed as a condition of entrance to and graduation from any educator preparation program including teacher, school administrator, and educational staff associate preparation program as provided in subsection (1) of this section;
     (3) Establish a list of accredited institutions of higher education of this and other states whose graduates may be awarded educator certificates as teacher, school administrator, and educational staff associate and establish criteria and enter into agreements with other states to acquire reciprocal approval of educator preparation programs and certification, including teacher certification from the national board for professional teaching standards;
     (4) Establish policies for approval of nontraditional educator preparation programs;
     (5) Conduct a review of educator program approval standards at least every five years, beginning in 2006, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and school specialized personnel;
     (6) Specify the types and kinds of educator certificates to be issued and conditions for certification in accordance with subsection (1) of this section and RCW 28A.410.010;
     (7) ((Hear and determine educator certification appeals as provided by RCW 28A.410.100;
     (8))) Apply for and receive federal or other funds on behalf of the state for purposes related to the duties of the board;
     (((9))) (8) Adopt rules under chapter 34.05 RCW that are necessary for the effective and efficient implementation of this chapter;
     (((10))) (9) Maintain data concerning educator preparation programs and their quality, educator certification, educator employment trends and needs, and other data deemed relevant by the board;
     (((11))) (10) Serve as an advisory body to the superintendent of public instruction on issues related to educator recruitment, hiring, mentoring and support, professional growth, retention, educator evaluation including but not limited to peer evaluation, and revocation and suspension of licensure;
     (((12))) (11) Submit, by October 15th of each even-numbered year, a joint report with the state board of education to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals set out in RCW 28A.150.210;
     (((13))) (12) Establish the prospective teacher assessment system for basic skills and subject knowledge that shall be required to obtain residency certification pursuant to RCW 28A.410.220 through 28A.410.240;
     (((14))) (13) By January 2010, set performance standards and develop, pilot, and implement a uniform and externally administered professional-level certification assessment based on demonstrated teaching skill. In the development of this assessment, consideration shall be given to changes in professional certification program components such as the culminating seminar; and
     (((15))) (14) Conduct meetings under the provisions of chapter 42.30 RCW.

NEW SECTION.  Sec. 5   Section 2 of this act takes effect August 1, 2009.