WSR 12-16-107

PERMANENT RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed August 1, 2012, 10:12 a.m. , effective September 1, 2012 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amends WAC 181-82-110 to permit teachers who provide instruction to a cohort of students to teach the same cohort two consecutive years so long as the teacher is properly endorsed in at least one of the two course years.

     Citation of Existing Rules Affected by this Order: Amending x [WAC 181-82-110].

     Statutory Authority for Adoption: RCW 28A.410.210.

      Adopted under notice filed as WSR 12-10-039 on April 27, 2012.

     Changes Other than Editing from Proposed to Adopted Version: Clarifying language as recommended in public hearing.

     A final cost-benefit analysis is available by contacting David Brenna, 600 Washington Street South, Room 400, Olympia, WA 98504-7236, phone (360) 725-6238, fax (360) 586-4548, e-mail david.brenna@k12.wa.us.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: July 30, 2012.

David Brenna

Legislative and

Policy Coordinator

OTS-4737.1


AMENDATORY SECTION(Amending WSR 08-12-056, filed 6/2/08, effective 7/3/08)

WAC 181-82-110   Exceptions to classroom teacher assignment policy.   Exceptions to the classroom teacher assignment policy specified in WAC 181-82-105 shall be limited to the following:

     (1) Upon determination by school districts that teachers have the competencies to be effective teachers in areas other than their endorsed areas, individuals with initial, residency, endorsed continuing, or professional teacher certificates who have completed provisional status with a school district under RCW 28A.405.220 may be assigned to classes other than in their areas of endorsement. If teachers are so assigned, the following shall apply:

     (a) A designated representative of the district and any such teacher so assigned shall mutually develop a written plan which provides for necessary assistance to the teacher, and which provides for a reasonable amount of planning and study time associated specifically with the out-of-endorsement assignment;

     (b) Such teachers shall not be subject to nonrenewal or probation based on evaluations of their teaching effectiveness in the out-of-endorsement assignments;

     (c) Such teaching assignments shall be approved by a formal vote of the local school board for each teacher so assigned; ((and))

     (d) The assignment of such teachers for the previous school year shall be reported annually to the professional educator standards board by the employing school district as required by WAC 180-16-195. Included in the report shall be the number of teachers in out-of-endorsement assignments and the specific assistance being given to the teachers; and

     (e) Teachers providing instruction to a cohort of students in two consecutive years may be assigned subject to (b), (c), and (d) of this subsection, provided they are properly endorsed in at least one of the two years they instruct the cohort class.

     (2) Teachers with initial, residency, endorsed continuing, or professional teacher certificates who have not completed provisional status with a school district under RCW 28A.405.220 may be assigned to one out-of-endorsement assignment for a maximum of two periods (not more than forty percent full-time equivalent) a day. Conditions described in subsection (1)(a) through (d) of this section shall apply to teachers so assigned.

     (3) After August 31, 2000, a teacher who has completed twenty-four quarter credit hours (sixteen semester credit hours) of course work applicable to a special education endorsement shall be eligible for a waiver from the special education office which will allow that person to be employed as a special education teacher. All remaining requirements shall be completed within five years of service as a special education teacher. Teachers who hold certificates endorsed in special education or who have received waivers from the special education office prior to September 1, 2000, shall not be affected by the requirements of this subsection.

     (4) After September 1, 2009, a teacher who has completed eighteen quarter credit hours (twelve semester credit hours) of course work applicable to an endorsement, other than special education for which subsection (3) of this section applies, shall be eligible for a conditional waiver from the professional educator standards board. Approved conditional waivers will allow a teacher to be employed in the subject matter area for which they do not hold the endorsement as long as they verify enrollment in an endorsement program within six months of their assignment and attain the full endorsement within four years. Application for a conditional waiver shall be made by both teachers and districts to the professional educator standards board.

[Statutory Authority: RCW 28A.410.210. 08-12-056, § 181-82-110, filed 6/2/08, effective 7/3/08; 06-14-010, § 181-82-110, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as § 181-82-110, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 03-04-023, § 180-82-110, filed 1/27/03, effective 2/27/03. Statutory Authority: RCW 28A.150.220(4), 28A.305.130(1), 28A.410.018. 00-18-063, § 180-82-110, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-04-008, § 180-82-110, filed 1/21/99, effective 2/21/99.]

© Washington State Code Reviser's Office