[Filed August 5, 2019, 11:19 a.m.]

Preproposal statement of inquiry was filed as WSR 19-13-069.

Title of Rule and Other Identifying Information: Defining paraeducator employed years to meet the general paraeducator certificate.

Hearing Location(s): On September 25, 2019, at 8:30 a.m., at 4202 South Regal Street, Spokane, WA 99223.

Date of Intended Adoption: September 25, 2019.

Submit Written Comments to: Professional Educator Standards Board, 600 Washington Street S.E., Room 400, Olympia, WA 98504, email pesb@k12.wa.us.

Assistance for Persons with Disabilities: Contact professional educator standards board, phone 360-725-6275, email rulespesb@k12.wa.us, by September 20, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Defining that the general paraeducator certificate must be met only while a paraeducator is employed by the district. In addition, clarifying for districts when they must ensure paraeducators meet the three year certificate requirement.

Reasons Supporting Proposal: Will help clarify expectations on the paraeducators and the school district concerning the general paraeducator certificate.

Statutory Authority for Adoption: Chapters 28A.413, 28A.410 RCW.

Statute Being Implemented: Chapter 28A.413 RCW.

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

Name of Proponent: Paraeducator board, governmental.

Name of Agency Personnel Responsible for Drafting: Jack Busbee, 600 Washington Street S.E., Olympia, WA 98504, 360-725-6275; Implementation and Enforcement: Paraeducator Board, 600 Washington Street S.E., Olympia, WA 98504, 360-725-6275.

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. Probable benefits are greater than the probable cost.

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 rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

AMENDATORY SECTION(Amending WSR 19-13-071, filed 6/17/19, effective 7/18/19)

WAC 179-11-040Process.

(1) School districts must implement this section only in school years for which state funding is appropriated specifically for the purposes of this section and only for the number of days that are funded by the appropriation.

(2) School districts are encouraged to provide at least one day of the ten days of general courses, as defined by the board, on the state paraeducator standards of practice as a professional learning day, where paraeducators collaborate with certified staff and other classified staff on applicable courses.

(3) The paraeducator must complete the general paraeducator certificate ((in))within three employed years after completing the fundamental course of study, as follows:

(a) If the fundamental course of study is completed prior to June 30th of a calendar year, then it shall have a completion date calculated on the basis that it was completed on June 30th of the same calendar year regardless of the date of completion; and

(b) If the fundamental course of study is completed July 1st or later in the calendar year, then it shall have a completion date calculated on the basis that it was completed on June 30th of the next calendar year regardless of the date of completion.

(((3)))(4) Beginning with the 2019-20 school year, school districts must:

(a) Provide paraeducators with general courses on the state paraeducator standards of practice; and

(b) Ensure all paraeducators employed by the district meet the general paraeducator certificate requirements of this section within three years of completing the four-day fundamental course of study.

The district is only required to ensure paraeducators meet the general certificate requirement by the end of the paraeducator's third year of employment in that district as a paraeducator.

(5) To attain the paraeducator general certificate, the paraeducator must complete training that meets in-service education approval standards as written in chapter 181-85 WAC.

(((4)))(6) A maximum of one professional growth plan may be completed towards the attainment of the general paraeducator certificate.

(((5)))(7) A paraeducator who ((holds))completes continuing education credit hours to meet the English language learner subject matter certificate ((and/or))or special education subject matter certificate may ((deduct twenty continuing education credit hours per subject matter certificate from the hours required to meet))count these hours towards meeting the general paraeducator certificate.

(((6)))(8) The paraeducator shall be responsible for completing filing requirements with the superintendent of public instruction, in accordance with WAC 179-01-020, the completion of the general paraeducator certificate.