AN ACT Relating to part-time teaching employment of noncertificated persons; reenacting and amending RCW 28A.70.005; adding new sections to Title 28A RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that persons who are subject-matter qualified but do not possess a Washington state teaching certificate or permit may nonetheless have much to offer to local school districts. It is the intent of the legislature to allow districts to employ such persons without requiring formal certification.

NEW SECTION. Sec. 2. Unless the context clearly indicates otherwise, the following definitions shall apply throughout sections 2 through 7 of this act.

(1) "Associate instructor" means a person who is subject-matter qualified but does not possess a Washington state teaching certificate or permit and is employed on a part-time basis by a public school district for the performance of assigned instructional responsibilities.

(2) "Instructional responsibilities" means teaching duties assigned to the associate instructor, including but not limited to providing instruction under the supervision of an experienced certificated instructional or administrative staff person, providing unsupervised instruction, and observing experienced certificated instructional staff.

(3) "One year of professional occupational experience" means no fewer than two thousand hours of gainful employment, paid in accordance with the laws of the state of Washington for work in a particular occupation, in an occupation directly relating to the subject-matter area for which the associate instructor will be assigned instructional responsibilities by the hiring district.

(4) "Part-time" means:

(a) The assignment of instructional responsibilities on a full-time basis for not more than one-half the total number of days of the school year in the hiring district; or

(b) The assignment of instructional responsibilities for the total number of days of the school year in the hiring district but for not more than one-half the length per school day of the full work day as determined by the hiring district.

(5) "Superintendent" means the superintendent of public instruction.

NEW SECTION. Sec. 3. (1) School districts may employ as associate instructors on a part-time basis persons who are subject- matter qualified but do not possess a Washington state teaching certificate or permit.

(2) To employ an associate instructor the school district shall document in writing to the superintendent the following:

(a) The applicant holds a baccalaureate degree from an accredited college or university;

(b) The applicant has completed:

(i) At least thirty semester hours or forty-five quarter hours in the subject matter for which instructional responsibilities will be assigned; or

(ii) The applicant has five years of professional occupational experience in the subject-matter area for which instructional responsibilities will be assigned, two of which shall have been within the past five years;

(d) The applicant has completed the background check through the Washington state patrol criminal investigation system required under RCW 28A.70.005;

(e) A description of how the district assessed the applicant's level of subject-matter knowledge and overall aptitude for carrying out planned or anticipated instructional responsibilities, including but not limited to, an interview of the applicant of not fewer than sixty minutes in length conducted by the district superintendent and the principal and two teachers of the building in which the applicant will be employed;

(f) The designation of a certificated instructional or administrative staff person to exercise supervision over the associate instructor;

(g) The procedures for conducting formative observations and evaluations of the associate instructor; and

(h) Provision of reasonable planning and study time specifically associated with the instructional responsibilities of the associate instructor.

NEW SECTION. Sec. 4. Commencing August 31, 1993, districts shall require applicants for associate instructor employment to take the examination under RCW 28A.70.010. School districts shall use the results of the examination as part of the district's screening process for hiring associate instructors. Passage of the examination by applicants for associate instructor employment shall not be a prerequisite for such employment.

NEW SECTION. Sec. 5. Every school district shall submit to the superintendent as part of its annual basic education report a list indicating all associate instructor assignments for the previous school year. The list shall include:

(1) The name of each associate instructor;

(2) The grade level or levels and subject area or areas assigned;

(3) The number of periods taught by the associate instructor; and

(4) The dates upon which the assignment or assignments commenced and concluded.

NEW SECTION. Sec. 6. If a district hires associate instructors, the district shall establish and fund a separate salary schedule for the instructors.

NEW SECTION. Sec. 7. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to carry out the purposes of sections 2 through 6 of this act.

Sec. 8. Section 28A.70.005, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 97, Laws of 1988 and by section 3, chapter 172, Laws of 1988 and RCW 28A.70.005 are each reenacted and amended to read as follows:

The state board of education shall establish, publish, and enforce rules ((~~and regulations~~)) determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. Except for applicants who are applying for certificates which restrict the holder of the certificate to the teaching of students who are sixteen years of age or older, the rules shall require that employment as an associate instructor under section 3 of this 1990 act or the initial application for certification shall require a background check of the applicant through the Washington state patrol criminal identification system at the applicant's expense.

In establishing rules pertaining to the qualifications of instructors of sign language the state board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.

The superintendent of public instruction shall act as the administrator of any such rules ((~~and regulations~~)) and have the power to issue any certificates or permits and revoke the same in accordance with board rules ((~~and regulations~~)).

NEW SECTION. Sec. 9. Sections 2 through 7 of this act are each added to Title 28A RCW.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.