WSR 18-12-014
PROPOSED RULES
PARAEDUCATOR BOARD
[Filed May 24, 2018, 9:13 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-03-089.
Title of Rule and Other Identifying Information: Creates new sections for chapter 179-03 WAC describing minimum employment standards for paraeducators.
Hearing Location(s): On July 24, 2918 [2018], at 8:30, at the Radisson Hotel, 18118 International Boulevard, Seattle, WA 98188.
Date of Intended Adoption: July 25, 2018.
Submit Written Comments to: David Brenna, 600 Washington Street, Olympia, WA 98504, email david.brenna@k12.wa.us, fax 360-586-4548, by July 17, 2018.
Assistance for Persons with Disabilities: Contact David Brenna, phone 360-725-6238, fax 360-586-4548, email david.brenna@k12.wa.us, by July 17, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New regulations for minimum employment requirements for paraeducators as required in HB [ESHB] 1115, 2017.
Reasons Supporting Proposal: Statutory requirement.
Statutory Authority for Adoption: Chapter 28A.413 RCW.
Statute Being Implemented: Chapter 28A.413 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: State legislature, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: David Brenna, 600 Washington Street, Olympia, WA 98504, 360-725-6238.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Regulatory change does not have a fiscal impact.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
May 24, 2018
David Brenna
Senior Policy Analyst
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.