2SHB 2212 -
By Committee on Early Learning, K-12 & Higher Education
ADOPTED 04/14/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 28A.415
RCW to read as follows:
(1) The office of the superintendent of public instruction shall
verify that degrees earned by certificated staff, that are used to
increase earnings on the salary schedule consistent with RCW
28A.415.023, are obtained from an educational institution accredited by
an accrediting association recognized by rule of the higher education
coordinating board.
(2) No salary increase may be approved before there has been
verification of accreditation under subsection (1) of this section.
(3)(a) Certificated staff who submit degrees received from an
unaccredited educational institution for the purposes of receiving a
salary increase shall be fined three hundred dollars. The fine shall
be paid to the office of the superintendent of public instruction and
used for costs of administering this section.
(b) In addition to the fine in (a) of this subsection, certificated
staff who receive salary increases based upon degrees earned from
educational institutions that have been verified to be unaccredited
must reimburse the district for any compensation received based on
these degrees.
Sec. 2 RCW 28A.410.090 and 2004 c 134 s 2 are each amended to
read as follows:
(1) Any certificate or permit authorized under the provisions of
this chapter, chapter 28A.405 RCW, or rules promulgated thereunder may
be revoked or suspended by the authority authorized to grant the same
based upon a criminal records report authorized by law, or upon the
complaint of any school district superintendent, educational service
district superintendent, or private school administrator for
immorality, violation of written contract, unprofessional conduct,
intemperance, or crime against the law of the state.
If the superintendent of public instruction has reasonable cause to
believe that an alleged violation of this chapter or rules adopted
under it has occurred based on a written complaint alleging physical
abuse or sexual misconduct by a certificated school employee filed by
a parent or another person, but no complaint has been forwarded to the
superintendent by a school district superintendent, educational service
district superintendent, or private school administrator, and that a
school district superintendent, educational service district
superintendent, or private school administrator has sufficient notice
of the alleged violation and opportunity to file a complaint, the
superintendent of public instruction may cause an investigation to be
made of the alleged violation, together with such other matters that
may be disclosed in the course of the investigation related to
certificated personnel.
(2) A parent or another person may file a written complaint with
the superintendent of public instruction alleging physical abuse or
sexual misconduct by a certificated school employee if:
(a) The parent or other person has already filed a written
complaint with the educational service district superintendent
concerning that employee;
(b) The educational service district superintendent has not caused
an investigation of the allegations and has not forwarded the complaint
to the superintendent of public instruction for investigation; and
(c) The written complaint states the grounds and factual basis upon
which the parent or other person believes an investigation should be
conducted.
(3) Any such certificate or permit authorized under this chapter or
chapter 28A.405 RCW shall be revoked by the authority authorized to
grant the certificate upon a guilty plea or the conviction of any
felony crime involving the physical neglect of a child under chapter
9A.42 RCW, the physical injury or death of a child under chapter 9A.32
or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61
RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual
offenses under chapter 9A.44 RCW where a minor is the victim, promoting
prostitution of a minor under chapter 9A.88 RCW, the sale or purchase
of a minor child under RCW 9A.64.030, or violation of similar laws of
another jurisdiction. The person whose certificate is in question
shall be given an opportunity to be heard. Mandatory permanent
revocation upon a guilty plea or the conviction of felony crimes
specified under this subsection shall apply to such convictions or
guilty pleas which occur after July 23, 1989. Revocation of any
certificate or permit authorized under this chapter or chapter 28A.405
RCW for a guilty plea or criminal conviction occurring prior to July
23, 1989, shall be subject to the provisions of subsection (1) of this
section.
(4)(a) Any such certificate or permit authorized under this chapter
or chapter 28A.405 RCW shall be suspended or revoked, according to the
provisions of this subsection, by the authority authorized to grant the
certificate upon a finding that an employee has engaged in an
unauthorized use of school equipment to intentionally access material
depicting sexually explicit conduct or has intentionally possessed on
school grounds any material depicting sexually explicit conduct; except
for material used in conjunction with established curriculum. A first
time violation of this subsection shall result in either suspension or
revocation of the employee's certificate or permit as determined by the
office of the superintendent of public instruction. A second violation
shall result in a mandatory revocation of the certificate or permit.
(b) In all cases under this subsection (4), the person whose
certificate is in question shall be given an opportunity to be heard
and has the right to appeal as established in RCW 28A.410.100.
Certificates or permits shall be suspended or revoked under this
subsection only if findings are made on or after the effective date of
this section. For the purposes of this subsection, "sexually explicit
conduct" has the same definition as provided in RCW 9.68A.011."
2SHB 2212 -
By Committee on Early Learning, K-12 & Higher Education
ADOPTED 04/14/2005
On page 1, line 1 of the title, after "certification;" strike the remainder of the title and insert "amending RCW 28A.410.090; and adding a new section to chapter 28A.415 RCW."