WSR 18-11-102
EMERGENCY RULES
PARAEDUCATOR BOARD
[Filed May 21, 2018, 10:22 a.m., effective May 21, 2018, 10:22 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Chapters 179-01 and 179-03 WAC are filed as emergency chapters. The newly formed paraeducator board is advancing the rules for implementation of HB [ESHB] 1115, 2017. An act relating to paraeducators; amending RCW 28A.150.203, 28A.410.062, 28A.630.400, 28A.660.040, 28A.660.042, and 28B.50.891; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.410 RCW; adding a new chapter to Title 28A RCW; repealing RCW 28A.415.310; and providing expiration dates.
Citation of Rules Affected by this Order: New WAC 179-01-010, 179-01-020, 179-03-010, 179-03-020, and 179-03-022.
Statutory Authority for Adoption: Chapter 28A.410 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The newly created paraeducator board is filing emergency rule changes to establish authority per HB [ESHB] 1115, 2017. The board is currently preparing all chapters of new Title 179 WAC.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 5, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 0, Repealed 0.
Date Adopted: May 21, 2018.
David Brenna
Senior Policy Analyst
Chapter  179-01  WAC
AUTHORITY
NEW SECTION
WAC 179-01-010 Authority for Title 179.
The authority for this title is RCW 28A.413.020 and 28A.413.030 which creates and authorizes the paraeducator board with the powers and duties to effectively and efficiently implement chapter 28A.413 RCW.
NEW SECTION
WAC 179-01-020 Definitions.
The definitions set forth in this section apply throughout this title.
(1)(a) "Paraeducator" means a classified public school or school district employee who works under the supervision of a certificated or licensed staff member, from grades kindergarten to grade 12, to support and assist in providing instructional and other services to students and their families, including library assistants, and excluding bus monitors, lunchroom aides, and community service aides.
(b) Paraeducators are not considered certificated instructional staff as that term and its meaning are used in this title.
(2) "College or university" means any accredited institution as defined in WAC 250-61-050.
Chapter  179-03  WAC
PARAEDUCATOR MINIMUM EMPLOYMENT REQUIREMENTS
NEW SECTION
WAC 179-03-010 Authority.
The authority for this chapter is RCW 28A.413.030 which authorizes the paraeducator board with the powers and duties to adopt rules for the effective and efficient implementation of RCW 28A.413.040.
NEW SECTION
WAC 179-03-020 Paraeducator minimum employment requirements.
(1)(a) A person working as a paraeducator for the employing school district before or during the 2017-18 school year must meet the requirements of subsection (2) of this section by the date of hire for the 2019-20 school year or any subsequent school year.
(b) A person who has not previously worked as a paraeducator for the employing school district must meet the requirements of subsection (2) of this section by the date of hire for the 2018-19 school year or any subsequent school year.
(2) The minimum employment requirements for paraeducators are as provided in this subsection. A paraeducator must:
(a) Be at least eighteen years of age and hold a high school diploma or its equivalent, as described in WAC 179-03-022; and
(b) In addition, a paraeducator must meet one or more of the following:
(i) Have received a qualifying score on the education testing service paraeducator assessment as published by the professional educator standards board; or
(ii) Hold an associate degree or higher from an accredited college or university; or
(iii) Have earned seventy-two quarter credits or forty-eight semester credits at the one hundred level or higher at an accredited college or university; or
(iv) Have completed an apprenticeship as a paraeducator, in a program registered with the Washington state apprenticeship and training council.
NEW SECTION
WAC 179-03-022 Requirement for a high school diploma or its equivalent.
The requirement in WAC 179-03-020 for a paraeducator to hold a high school diploma or its equivalent may be met with any one or more of the following:
(1)(a) High school diploma, or copy of high school diploma; or
(b) High school transcript, or copy of transcript, which documents a high school diploma; or
(c) If the diploma or transcript has been lost or destroyed, or the institution holding the records no longer exists, a statement from an official of the school where the high school diploma was issued, or a statement from an official of the institution holding the records, indicating completion of the diploma by the individual; or
(2) Documentation of achievement of the minimum proficiency level on the general educational development (GED) test or award of certificate of educational competence as described in chapter 131-48 WAC; or
(3) College or university transcript, or copy of transcript, which documents:
(a) A high school diploma; or
(b) Achievement of the minimum proficiency level on the GED test or award of certificate of educational competence as described in chapter 131-48 WAC; or
(4) Associate degree or higher from an accredited college or university; or
(5) Equivalency for course work, diplomas, degrees, and programs completed in countries outside the United States: Individuals who have completed course work, diplomas, degrees, and programs in a country other than the United States may provide one or more of the following:
(a) A transcript, or copy of a transcript, from an accredited United States college or university indicating that the college or university has accepted the course work, diplomas, degrees, or programs as equivalent to a high school diploma, associate degree, or higher; or
(b) A statement of degree equivalency for a high school diploma, associate degree, or higher from an international credentials' evaluation agency approved by the professional educator standards board; or
(c) A statement from an official of the school, college, or university where the high school diploma, associate degree, or higher was completed, indicating completion of the diploma, program, or degree, and approval of the program by an agency governing education in that country; or
(6) A transcript, or copy of a transcript, from an accredited college or university documenting seventy-two quarter or forty-eight semester credits at the one hundred level or higher will be accepted as an equivalent to a high school diploma; or
(7) Home-based instruction: On a case-by-case basis, a district may, at its own discretion, choose to accept a certification of completion of a program of home-based instruction as described in WAC 180-96-053.