WSR 01-04-022



[ Filed January 29, 2001, 11:39 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-24-120.

Title of Rule: WAC 180-79A-155 Good moral character and personal fitness -- Necessary supporting evidence by applicants.

Purpose: The proposed amendment would state that the Superintendent of Public Instruction will determine the status of certificates held by applicants from other states, but does not specify the exact method of this determination.

Statutory Authority for Adoption: RCW 28A.410.010.

Summary: See above.

Reasons Supporting Proposal: The method currently specified in the WAC is outdated.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See above.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: North Thurston School District, Boardroom, 305 College Street N.E., Lacey, WA 98516-5309, on March 28, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Laura Moore by March 14, 2001, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by March 14, 2001.

Date of Intended Adoption: March 30, 2001.

January 26, 2001

Larry Davis

Executive Director


AMENDATORY SECTION(Amending WSR 99-23-023, filed 11/9/99, effective 12/10/99)

WAC 180-79A-155   Good moral character and personal fitness -- Necessary supporting evidence by applicants.   All applicants for certification shall submit the following:

(1) An affidavit from the applicant indicating that he or she has not been convicted of any crime or a complete disclosure of all arrests and subsequent dispositions of such arrests. In the event of a conviction for any arrest, the applicant shall state reasons why such conviction does not reflect adversely on the requirement to possess good moral character and be personally fit.

(2) An affidavit from the applicant that he or she has no history of serious behavioral problems or a complete disclosure of the nature and status of all such problems, including the names and addresses of health practitioners who have treated the applicant within the past ten years and an executed consent form permitting the superintendent of public instruction to contact and consult with such health practitioners and for such health practitioners to fully disclose medical information related to such behavioral problems.

(3) An affidavit from the dean of the college or school of education or one or more officials designated by such dean, or, if none, by the college or university president, where the applicant completed his or her approved preparation program, that indicates that a designated college or university official has contacted several faculty members who personally know or knew the applicant and has no knowledge of any relevant information related to the applicant's character or fitness that would adversely affect the applicant's ability to serve in a certificated role or a statement from such affiant of the reasons why it is not possible to make such an affidavit.

(4) If the affidavit described in subsection (3) of this section is impossible or impractical to obtain, the applicant shall submit to the superintendent of public instruction the following:

(a) A statement as to why it is impossible or impractical to secure the affidavit required by subsection (3) of this section;

(b) A complete employment history, including the names, addresses, and phone numbers of the immediate supervisor of such applicant when an employee; and

(c) The names, addresses, and phone numbers of three character references who are not related to the applicant.

(5) If the applicant holds or has held a certificate in any other state, such applicant shall prepare one of the following affidavits for each such state:

(a) An affidavit that such certificate has not been suspended, surrendered, or revoked. ((Such affidavit shall be forwarded to the licensing agency in such state with a request that such affidavit be verified and forwarded directly to the superintendent of public instruction.)) The superintendent of public instruction shall determine the status of certificates held by applicants in any other state to find if such certificates have been suspended, surrendered or revoked.

(b) An affidavit which shall fully disclose the reasons for the suspension, surrender, or revocation of the certificate. Such affidavit shall be submitted directly to the superintendent of public instruction.

[Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) and (2). 99-23-023, 180-79A-155, filed 11/9/99, effective 12/10/99. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, 180-79A-155, filed 12/23/98, effective 1/23/99.]

Washington State Code Reviser's Office