BILL REQ. #: H-1366.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
AN ACT Relating to streamlining state governance of education; amending RCW 28A.410.210, 28A.410.010, 28A.410.032, 28A.410.040, 28A.410.045, 28A.410.050, 28A.410.060, 28A.410.120, 28A.410.212, 28A.410.220, 28A.410.230, 28A.410.240, 28A.410.260, 28A.410.270, 28A.410.280, 28A.410.290, 28A.410.300, 28A.415.020, 28A.415.024, 28A.415.025, 28A.415.060, 28A.415.340, 28A.415.370, 28A.405.110, 28A.405.210, 28A.400.201, 28A.630.400, 28A.660.020, 28A.660.035, 28A.660.050, 28A.690.020, 28A.150.060, 28A.150.203, 28A.170.080, 28A.175.105, 28A.205.010, 28A.205.050, 28A.225.330, 28A.300.460, 28A.300.507, 28A.305.035, 28A.320.240, 28B.10.140, 28B.10.710, 28B.35.120, 28B.40.120, 28B.76.335, 28B.102.040, 43.41.400, 43.43.832, 43.43.845, 72.40.028, 18.35.020, 18.35.195, 18.83.200, 18.118.010, 18.120.010, 28A.345.020, and 28A.345.050; reenacting and amending RCW 28A.290.010 and 28A.415.023; adding new sections to chapter 28A.410 RCW; repealing RCW 28A.300.050, 28A.410.200, and 28A.410.250; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 28A.290.010 and 2010 c 236 s 15 and 2010 c 234 s 4
are each reenacted and amended to read as follows:
(1) The quality education council is created to recommend and
inform the ongoing implementation by the legislature of an evolving
program of basic education and the financing necessary to support such
program. The council shall develop strategic recommendations on the
program of basic education for the common schools. The council shall
take into consideration the capacity report produced under RCW
28A.300.172 and the availability of data and progress of implementing
the data systems required under RCW 28A.655.210. Any recommendations
for modifications to the program of basic education shall be based on
evidence that the programs effectively support student learning. The
council shall update the statewide strategic recommendations every four
years. The recommendations of the council are intended to:
(a) Inform future educational policy and funding decisions of the
legislature and governor;
(b) Identify measurable goals and priorities for the educational
system in Washington state for a ten-year time period, including the
goals of basic education and ongoing strategies for coordinating
statewide efforts to eliminate the achievement gap and reduce student
dropout rates; and
(c) Enable the state of Washington to continue to implement an
evolving program of basic education.
(2) The council may request updates and progress reports from the
office of the superintendent of public instruction, the state board of
education, ((the professional educator standards board,)) and the
department of early learning on the work of the agencies as well as
educational working groups established by the legislature. The council
may convene ad hoc working groups to obtain additional input and
participation from community members. Members of ad hoc working groups
shall serve without compensation and may not be reimbursed for travel
or other expenses.
(3) The chair of the council shall be selected from the
councilmembers. The council shall be composed of the following
members:
(a) Four members of the house of representatives, with two members
representing each of the major caucuses and appointed by the speaker of
the house of representatives;
(b) Four members of the senate, with two members representing each
of the major caucuses and appointed by the president of the senate;
(c) One representative each from the office of the governor, office
of the superintendent of public instruction, state board of education,
((professional educator standards board,)) and department of early
learning; and
(d) ((One)) Two nonlegislative representatives from the achievement
gap oversight and accountability committee established under RCW
28A.300.136, to be selected by the members of the committee.
(4) In the 2009 fiscal year, the council shall meet as often as
necessary as determined by the chair. In subsequent years, the council
shall meet no more than four times a year.
(5)(a) The council shall submit an initial report to the governor
and the legislature by January 1, 2010, detailing its recommendations,
including recommendations for resolving issues or decisions requiring
legislative action during the 2010 legislative session, and
recommendations for any funding necessary to continue development and
implementation of chapter 548, Laws of 2009.
(b) The initial report shall, at a minimum, include:
(i) Consideration of how to establish a statewide beginning teacher
mentoring and support system;
(ii) Recommendations for a program of early learning for at-risk
children;
(iii) A recommended schedule for the concurrent phase-in of the
changes to the instructional program of basic education and the
implementation of the funding formulas and allocations to support the
new instructional program of basic education as established under
chapter 548, Laws of 2009. The phase-in schedule shall have full
implementation completed by September 1, 2018; and
(iv) A recommended schedule for phased-in implementation of the new
distribution formula for allocating state funds to school districts for
the transportation of students to and from school, with phase-in
beginning no later than September 1, 2013.
(6) The council shall submit a report to the legislature by January
1, 2012, detailing its recommendations for a comprehensive plan for a
voluntary program of early learning. Before submitting the report, the
council shall seek input from the early learning advisory council
created in RCW 43.215.090.
(7) The council shall submit a report to the governor and the
legislature by December 1, ((2010, that includes:))
2011, with recommendations and an implementation timeline for further
streamlining of education governance, including, but not limited to,
restructuring state agencies, boards, and offices and reassigning
duties and responsibilities. The council shall focus primarily on
state governance of K-12 education but may include other
recommendations if the council determines that the interests of
students would be better served by additional restructuring in early
learning and higher education.
(a) Recommendations for specific strategies, programs, and funding,
including funding allocations through the funding distribution formula
in RCW 28A.150.260, that are designed to close the achievement gap and
increase the high school graduation rate in Washington public schools.
The council shall consult with the achievement gap oversight and
accountability committee and the building bridges work group in
developing its recommendations; and
(b) Recommendations for assuring adequate levels of state-funded
classified staff to support essential school and district services
(8) The council shall be staffed by the office of the
superintendent of public instruction and the office of financial
management. Additional staff support shall be provided by the state
entities with representatives on the council. Senate committee
services and the house of representatives office of program research
may provide additional staff support.
(9) Legislative members of the council shall serve without
additional compensation but may be reimbursed for travel expenses in
accordance with RCW 44.04.120 while attending sessions of the council
or on official business authorized by the council. Nonlegislative
members of the council may be reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060.
Sec. 201 RCW 28A.410.210 and 2009 c 531 s 4 are each amended to
read as follows:
The ((purpose of the professional educator standards board is to))
superintendent of public instruction shall establish policies and
requirements for the preparation and certification of educators that
provide standards for competency in professional knowledge and practice
in the areas of certification; a foundation of skills, knowledge, and
attitudes necessary to help students with diverse needs, abilities,
cultural experiences, and learning styles meet or exceed the learning
goals outlined in RCW 28A.150.210; knowledge of research-based
practice; and professional development throughout a career. The
((Washington professional educator standards board)) superintendent of
public instruction shall:
(1) Establish policies and practices for the approval of programs
of courses, requirements, and other activities leading to educator
certification including teacher, school administrator, and educational
staff associate certification;
(2) Establish policies and practices for the approval of the
character of work required to be performed as a condition of entrance
to and graduation from any educator preparation program including
teacher, school administrator, and educational staff associate
preparation program as provided in subsection (1) of this section;
(3) Establish a list of accredited institutions of higher education
of this and other states whose graduates may be awarded educator
certificates as teacher, school administrator, and educational staff
associate and establish criteria and enter into agreements with other
states to acquire reciprocal approval of educator preparation programs
and certification, including teacher certification from the national
board for professional teaching standards;
(4) Establish policies for approval of nontraditional educator
preparation programs;
(5) Conduct a review of educator program approval standards at
least every five years, beginning in 2006, to reflect research findings
and assure continued improvement of preparation programs for teachers,
administrators, and school specialized personnel;
(6) Specify the types and kinds of educator certificates to be
issued and conditions for certification in accordance with subsection
(1) of this section and RCW 28A.410.010;
(7) Apply for and receive federal or other funds on behalf of the
state for purposes related to the duties of the ((board))
superintendent of public instruction;
(8) Adopt rules under chapter 34.05 RCW that are necessary for the
effective and efficient implementation of this chapter;
(9) Maintain data concerning educator preparation programs and
their quality, educator certification, educator employment trends and
needs, and other data deemed relevant by the ((board)) superintendent;
(10) ((Serve as an advisory body to the superintendent of public
instruction on issues related to educator recruitment, hiring,
mentoring and support, professional growth, retention, educator
evaluation including but not limited to peer evaluation, and revocation
and suspension of licensure;)) Submit, by October 15th of each even-numbered year, a joint
report with the state board of education to the legislative education
committees((
(11),)) and the governor((, and the superintendent of public
instruction)). The report shall address the progress ((the boards
have)) made and the obstacles ((they have)) encountered, individually
and collectively, in the work of achieving the goals set out in RCW
28A.150.210;
(((12))) (11) Establish the prospective teacher assessment system
for basic skills and subject knowledge that shall be required to obtain
residency certification pursuant to RCW 28A.410.220 through
28A.410.240; and
(((13))) (12) By January 2010, set performance standards and
develop, pilot, and implement a uniform and externally administered
professional-level certification assessment based on demonstrated
teaching skill. In the development of this assessment, consideration
shall be given to changes in professional certification program
components such as the culminating seminar((; and)).
(14) Conduct meetings under the provisions of chapter 42.30 RCW
NEW SECTION. Sec. 202 A new section is added to chapter 28A.410
RCW to read as follows:
(1) To assist in carrying out the duties assigned in RCW
28A.410.210, the superintendent of public instruction may convene one
or more advisory committees composed of individuals with the following
types of experience:
(a) Experience in one or more of the education roles for which
state preparation program approval is required and certificates issued;
(b) Experience providing or leading a state-approved teacher or
educator preparation program;
(c) Experience providing mentoring and coaching to education
professionals or others; and
(d) Education-related community experience.
(2) In designating advisory committee members, the superintendent
shall consider an individual's commitment to quality education and the
ongoing improvement of instruction, experiences in the public schools
or private schools, involvement in developing quality teaching
preparation and support programs, and vision for the most effective yet
practical system of assuring teaching quality. The superintendent
shall also consider the diversity of the population of the state.
NEW SECTION. Sec. 203 A new section is added to chapter 28A.410
RCW to read as follows:
(1) The professional educator standards board is hereby abolished
and its powers, duties, and functions are hereby transferred to the
superintendent of public instruction. All references to the director
or professional educator standards board in the Revised Code of
Washington shall be construed to mean the superintendent of public
instruction.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the professional
educator standards board shall be delivered to the custody of the
superintendent of public instruction. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
professional educator standards board shall be made available to the
superintendent of public instruction. All funds, credits, or other
assets held by the professional educator standards board shall be
assigned to the superintendent of public instruction.
(b) Any appropriations made to the professional educator standards
board shall, on the effective date of this section, be transferred and
credited to the superintendent of public instruction.
(c) If any question arises as to the transfer of any funds, books,
documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance
of the duties and functions transferred, the director of financial
management shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
(3) All rules and all pending business before the professional
educator standards board shall be continued and acted upon by the
superintendent of public instruction. All existing contracts and
obligations shall remain in full force and shall be performed by the
superintendent of public instruction.
(4) The transfer of the powers, duties, and functions of the
superintendent of public instruction shall not affect the validity of
any act performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(6) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the personnel
resources board as provided by law.
Sec. 204 RCW 28A.410.010 and 2005 c 497 s 203 are each amended to
read as follows:
The ((Washington professional educator standards board))
superintendent of public instruction shall establish, publish, and
enforce rules determining eligibility for and certification of
personnel employed in the common schools of this state, including
certification for emergency or temporary, substitute or provisional
duty and under such certificates or permits as the ((board))
superintendent of public instruction shall deem proper or as otherwise
prescribed by law. The rules shall require that the initial
application for certification shall require a record check of the
applicant through the Washington state patrol criminal identification
system and through the federal bureau of investigation at the
applicant's expense. The record check shall include a fingerprint
check using a complete Washington state criminal identification
fingerprint card. The superintendent of public instruction may waive
the record check for any applicant who has had a record check within
the two years before application. The rules shall permit a holder of
a lapsed certificate but not a revoked or suspended certificate to be
employed on a conditional basis by a school district with the
requirement that the holder must complete any certificate renewal
requirements established by the ((state board of education))
superintendent of public instruction within two years of initial
reemployment.
In establishing rules pertaining to the qualifications of
instructors of American sign language the ((board)) superintendent of
public instruction shall consult with the national association of the
deaf, "sign instructors guidance network" (s.i.g.n.), and the
Washington state association of the deaf for evaluation and
certification of sign language instructors.
The superintendent of public instruction shall act as the
administrator of any such rules and have the power to issue any
certificates or permits and revoke the same in accordance with
((board)) the rules.
Sec. 205 RCW 28A.410.032 and 2005 c 497 s 220 are each amended to
read as follows:
Teachers of visually impaired students shall be qualified according
to rules adopted by the ((professional educator standards board))
superintendent of public instruction.
Sec. 206 RCW 28A.410.040 and 2005 c 497 s 204 are each amended to
read as follows:
The ((Washington professional educator standards board))
superintendent of public instruction shall adopt rules providing that,
except as provided in this section, all individuals qualifying for an
initial-level teaching certificate after August 31, 1992, shall possess
a baccalaureate degree in the arts, sciences, and/
Sec. 207 RCW 28A.410.045 and 2007 c 319 s 2 are each amended to
read as follows:
(1) The Washington state first peoples' language, culture, and oral
tribal traditions teacher certification program is established. The
((professional educator standards board)) superintendent of public
instruction shall adopt rules to implement the program in collaboration
with the sovereign tribal governments whose traditional lands and
territories lie within the borders of the state of Washington,
including the tribal leader congress on education and the first
peoples' language and culture committee. The collaboration required
under this section shall be defined by a protocol for cogovernance in
first peoples' language, culture, and oral tribal traditions education
developed by ((the professional educator standards board,)) the office
of the superintendent of public instruction((,)) and the sovereign
tribal governments whose traditional lands and territories lie within
the borders of the state of Washington.
(2) Any sovereign tribal government whose traditional lands and
territories lie within the borders of the state of Washington may
participate individually on a government-to-government basis in the
program.
(3) Under the first peoples' language, culture, and oral tribal
traditions teacher certification program:
(a) Only a participating sovereign tribal government may certify
individuals who meet the tribe's criteria for certification as a
teacher in the Washington state first peoples' language, culture, and
oral tribal traditions teacher certification program. Tribal law
enforcement agencies and the Washington state patrol shall enter into
government-to-government negotiations regarding the exchange of
background information on applicants for certification. The office of
the superintendent of public instruction shall not authorize or accept
a certificate or endorsement in Washington state first peoples'
language, culture, and oral tribal traditions without certification
from a participating sovereign tribal government and without conducting
a record check of an individual applying for certification as required
under RCW 28A.410.010;
(b) For each teacher to be certified in the program, the
participating sovereign tribal government shall submit information and
documentation necessary for the issuance of a state certificate, as
defined by rule, to the office of the superintendent of public
instruction;
(c) A Washington state first peoples' language, culture, and oral
tribal traditions teacher certificate serves as a subject area
endorsement in first peoples' language, culture, and oral tribal
traditions. The holder of a Washington state first peoples' language,
culture, and oral tribal traditions teacher certificate who does not
also hold an initial, residency, continuing, or professional teaching
certificate authorized by the ((professional educator standards board))
superintendent of public instruction may be assigned to teach only the
languages, cultures, and oral tribal traditions designated on the
certificate and no other subject;
(d) In order to teach first peoples' language, culture, and oral
tribal traditions, teachers must hold certificates from both the office
of the superintendent of public instruction and from the sovereign
tribal government; and
(e) The holder of a Washington state first peoples' language,
culture, and oral tribal traditions teacher certificate meets
Washington state's definition of a highly qualified teacher under the
no child left behind act of 2001 (P.L. 107-110) for the purposes of
teaching first peoples' language, culture, and oral tribal traditions,
subject to approval by the United States department of education.
(4) First peoples' language/culture teacher certificates issued
before July 22, 2007, under rules approved by the state board of
education or the professional educator standards board under a pilot
program remain valid as certificates under this section, subject to the
provisions of this chapter.
(5) Schools and school districts on or near tribal reservations are
encouraged to contract with sovereign tribal governments whose
traditional lands and territories lie within the borders of the state
of Washington and with first peoples' language, culture, and oral
tribal traditions teacher certification programs for in-service teacher
training and continuing education in the culture and history
appropriate for their geographic area, as well as suggested pedagogy
and instructional strategies.
Sec. 208 RCW 28A.410.050 and 2005 c 497 s 205 are each amended to
read as follows:
The ((Washington professional educator standards board))
superintendent of public instruction shall develop and adopt rules
establishing baccalaureate and master's degree equivalency standards
for vocational instructors performing instructional duties and
acquiring certification after August 31, 1992.
Sec. 209 RCW 28A.410.060 and 2008 c 107 s 1 are each amended to
read as follows:
The fee for any certificate, or any renewal thereof, issued by the
authority of the state of Washington, and authorizing the holder to
teach or perform other professional duties in the public schools of the
state shall be not less than one dollar or such reasonable fee therefor
as the ((Washington professional educator standards board))
superintendent of public instruction by rule shall deem necessary
therefor. The fee must accompany the application and cannot be
refunded unless the application is withdrawn before it is finally
considered. The educational service district superintendent, or other
official authorized to receive such fee, shall within thirty days
transmit the same to the treasurer of the county in which the office of
the educational service district superintendent is located, to be by
him or her placed to the credit of said school district or educational
service district: PROVIDED, That if any school district collecting
fees for the certification of professional staff does not hold a
professional training institute separate from the educational service
district then all such moneys shall be placed to the credit of the
educational service district.
Such fees shall be used solely for the purpose of precertification
professional preparation, program evaluation, professional in-service
training programs, and provision of certification services by
educational service districts, in accordance with rules of the
((Washington professional educator standards board)) superintendent of
public instruction herein authorized.
Sec. 210 RCW 28A.410.120 and 2005 c 497 s 208 are each amended to
read as follows:
Notwithstanding any other provision of this title, the ((Washington
professional educator standards board or)) superintendent of public
instruction shall not require any professional certification or other
qualifications of any person elected superintendent of a local school
district by that district's board of directors, or any person hired in
any manner to fill a position designated as, or which is, in fact,
deputy superintendent, or assistant superintendent.
Sec. 211 RCW 28A.410.212 and 2009 c 531 s 1 are each amended to
read as follows:
The ((professional educator standards board)) superintendent of
public instruction shall:
(1) Develop and maintain a research base of educator preparation
best practices;
(2) Develop and coordinate initiatives for educator preparation in
high-demand fields as well as outreach and recruitment initiatives for
underrepresented populations;
(3) Provide program improvement technical assistance to providers
of educator preparation programs;
(4) Assure educator preparation program compliance; and
(5) Prepare and maintain a cohesive educator development policy
framework.
Sec. 212 RCW 28A.410.220 and 2008 c 176 s 2 are each amended to
read as follows:
(1)(a) Beginning not later than September 1, 2001, the ((Washington
professional educator standards board)) superintendent of public
instruction shall make available and pilot a means of assessing an
applicant's knowledge in the basic skills. For the purposes of this
section, "basic skills" means the subjects of at least reading,
writing, and mathematics. Beginning September 1, 2002, except as
provided in (c) of this subsection and subsection (4) of this section,
passing this assessment shall be required for admission to approved
teacher preparation programs and for persons from out-of-state applying
for a Washington state residency teaching certificate.
(b) On an individual student basis, approved teacher preparation
programs may admit into their programs a candidate who has not achieved
the minimum basic skills assessment score established by the
((Washington professional educator standards board)) superintendent of
public instruction. Individuals so admitted may not receive residency
certification without passing the basic skills assessment under this
section.
(c) The ((Washington professional educator standards board))
superintendent of public instruction may establish criteria to ensure
that persons from out-of-state who are applying for residency
certification and persons applying to master's degree level teacher
preparation programs can demonstrate to the ((board's))
superintendent's satisfaction that they have the requisite basic skills
based upon having completed another basic skills assessment acceptable
to the ((Washington professional educator standards board))
superintendent or by some other alternative approved by the
((Washington professional educator standards board)) superintendent.
(2) The ((professional educator standards board)) superintendent of
public instruction shall set performance standards and develop, pilot,
and implement a uniform and externally administered professional-level
certification assessment based on demonstrated teaching skill. In the
development of this assessment, consideration shall be given to changes
in professional certification program components such as the
culminating seminar.
(3) Beginning not later than September 1, 2002, the ((Washington
professional educator standards board)) superintendent of public
instruction shall provide for the initial piloting and implementation
of a means of assessing an applicant's knowledge in the subjects for
which the applicant has applied for an endorsement to his or her
residency or professional teaching certificate. The assessment of
subject knowledge shall not include instructional methodology.
Beginning September 1, 2005, passing this assessment shall be required
to receive an endorsement for certification purposes.
(4) The ((Washington professional educator standards board))
superintendent of public instruction may permit exceptions from the
assessment requirements under subsections (1), (2), and (3) of this
section on a case-by-case basis.
(5) The ((Washington professional educator standards board))
superintendent of public instruction shall provide for reasonable
accommodations for individuals who are required to take the assessments
in subsection (1), (2), or (3) of this section if the individuals have
learning or other disabilities.
(6) With the exception of applicants exempt from the requirements
of subsections (1), (2), and (3) of this section, an applicant must
achieve a minimum assessment score or scores established by the
((Washington professional educator standards board)) superintendent of
public instruction on each of the assessments under subsections (1),
(2), and (3) of this section.
(7) The ((Washington professional educator standards board and))
superintendent of public instruction((, as determined by the Washington
professional educator standards board,)) may contract with one or more
third parties for:
(a) The development, purchase, administration, scoring, and
reporting of scores of the assessments established ((by the Washington
professional educator standards board)) under subsections (1), (2), and
(3) of this section;
(b) Related clerical and administrative activities; or
(c) Any combination of the purposes in this subsection.
(8) Applicants for admission to a Washington teacher preparation
program and applicants for residency and professional certificates who
are required to successfully complete one or more of the assessments
under subsections (1), (2), and (3) of this section, and who are
charged a fee for the assessment by a third party contracted with under
subsection (7) of this section, shall pay the fee charged by the
contractor directly to the contractor. Such fees shall be reasonably
related to the actual costs of the contractor in providing the
assessment.
(9) The superintendent of public instruction ((is responsible for
supervision and providing support services to administer this section.)) shall provide opportunities
for representatives of other interested educational organizations to
participate in the selection or development and implementation of such
assessments in a manner deemed appropriate by the ((
(10) The Washington professional educator standards board shall
collaboratively select or develop and implement the assessments and
minimum assessment scores required under this section with the
superintendent of public instruction andWashington
professional educator standards board)) superintendent.
(11) The ((Washington professional educator standards board))
superintendent of public instruction shall adopt rules under chapter
34.05 RCW that are reasonably necessary for the effective and efficient
implementation of this section.
Sec. 213 RCW 28A.410.230 and 2000 c 39 s 202 are each amended to
read as follows:
The ((Washington professional educator standards board))
superintendent of public instruction shall report the proposed
assessments to the legislative education committees for review and
comment prior to implementing the assessments by contractual agreement
with the selected vendor or vendors.
Sec. 214 RCW 28A.410.240 and 2000 c 39 s 203 are each amended to
read as follows:
(1) By December 1, 2003, and annually thereafter, the ((Washington
professional educator standards board)) superintendent of public
instruction shall prepare a report that includes the following
information:
(a) The range of scores on the basic skills assessment under RCW
28A.410.220(1) for persons who passed the assessment and were admitted
to a Washington preparation program; and
(b) The range of scores on the subject assessments under RCW
28A.410.220(((2))) (3) for persons who passed the assessments and
earned an endorsement.
(2) The information under subsection (1) of this section shall be
reported for the individual public and private colleges and
universities in Washington, as well as reported on an aggregate basis.
The report shall also include results disaggregated demographically.
The report shall include information on the number and percentage of
candidates exempted from assessments, demographic information on
candidates exempted, institutions attended and endorsements sought by
exempted candidates, and reasons for exclusion from the required
assessments. The report shall be made available through the state
library, on the web site of the office of superintendent of public
instruction, and placed on the legislative alert list.
Sec. 215 RCW 28A.410.260 and 2009 c 468 s 5 are each amended to
read as follows:
(1) The ((professional educator standards board)) superintendent of
public instruction, in consultation and collaboration with the
achievement gap oversight and accountability committee established
under RCW 28A.300.136, shall identify a list of model standards for
cultural competency and make recommendations to the education
committees of the legislature on the strengths and weaknesses of those
standards.
(2) For the purposes of this section, "cultural competency"
includes knowledge of student cultural histories and contexts, as well
as family norms and values in different cultures; knowledge and skills
in accessing community resources and community and parent outreach; and
skills in adapting instruction to students' experiences and identifying
cultural contexts for individual students.
Sec. 216 RCW 28A.410.270 and 2009 c 548 s 402 are each amended to
read as follows:
(1)(a) By January 1, 2010, the ((professional educator standards
board)) superintendent of public instruction shall adopt a set of
articulated teacher knowledge, skill, and performance standards for
effective teaching that are evidence-based, measurable, meaningful, and
documented in high quality research as being associated with improved
student learning. The standards shall be calibrated for each level of
certification and along the entire career continuum. In developing the
standards, the ((board)) superintendent shall, to the extent possible,
incorporate standards for cultural competency along the entire
continuum. For the purposes of this subsection, "cultural competency"
includes knowledge of student cultural histories and contexts, as well
as family norms and values in different cultures; knowledge and skills
in accessing community resources and community and parent outreach; and
skills in adapting instruction to students' experiences and identifying
cultural contexts for individual students.
(b) By January 1, 2010, the ((professional educator standards
board)) superintendent of public instruction shall adopt a definition
of master teacher, with a comparable level of increased competency
between professional certification level and master level as between
professional certification level and national board certification.
Within the definition established by the ((professional educator
standards board)) superintendent, teachers certified through the
national board for professional teaching standards shall be considered
master teachers.
(2) By January 1, 2010, the ((professional educator standards
board)) superintendent of public instruction shall submit to the
governor and the education and fiscal committees of the legislature:
(a) An update on the status of implementation of the professional
certificate ((external and)) uniform and externally administered
professional-level certification assessment authorized in RCW
28A.410.210;
(b) A proposal for a uniform, statewide, valid, and reliable
classroom-based means of evaluating teacher effectiveness as a
culminating measure at the preservice level that is to be used during
the student-teaching field experience. This assessment shall include
multiple measures of teacher performance in classrooms, evidence of
positive impact on student learning, and shall include review of
artifacts, such as use of a variety of assessment and instructional
strategies, and student work. The proposal shall establish a timeline
for when the assessment will be required for successful completion of
a Washington state-approved teacher preparation program. The timeline
shall take into account the capacity of the K-12 education and higher
education systems to accommodate the new assessment. The proposal and
timeline shall also address how the assessment will be included in
state-reported data on preparation program quality; and
(c) A recommendation on the length of time that a residency
certificate issued to a teacher is valid and within what time period a
teacher must meet the minimum level of performance for and receive a
professional certificate in order to continue being certified as a
teacher. In developing this recommendation, the ((professional
educator standards board)) superintendent of public instruction shall
consult with interested stakeholders including the Washington education
association, the Washington association of school administrators,
association of Washington school principals, and the Washington state
school directors' association and shall include with its recommendation
a description of each stakeholder's comments on the recommendation.
(3) The update and proposal in subsection (2)(a) and (b) of this
section shall include, at a minimum, descriptions of:
(a) Estimated costs and statutory authority needed for further
development and implementation of these assessments;
(b) A common and standardized rubric for determining whether a
teacher meets the minimum level of performance of the assessments; and
(c) Administration and management of the assessments.
(4) To the extent that funds are appropriated for this purpose and
in accordance with the timeline established in subsection (2) of this
section, recognizing the capacity limitations of the education systems,
the ((professional educator standards board)) superintendent of public
instruction shall develop the system and process as established in
subsections (1), (2), and (3) of this section throughout the remainder
of the 2010-11 and 2011-12 school years.
(5) Beginning no earlier than September 1, 2011, award of a
professional certificate shall be based on a minimum of two years of
successful teaching experience as defined by the ((board))
superintendent of public instruction and on the results of the
evaluation authorized under RCW 28A.410.210(((14))) (12) and under this
section, and may not require candidates to enroll in a professional
certification program.
(6) Beginning July 1, 2011, educator preparation programs approved
to offer the residency teaching certificate shall be required to
demonstrate how the program produces effective teachers as evidenced by
the measures established under this section and other criteria
established by the ((professional educator standards board))
superintendent of public instruction.
Sec. 217 RCW 28A.410.280 and 2010 c 235 s 501 are each amended to
read as follows:
(1) Beginning with the 2011-12 school year, all ((professional
educator standards board-approved)) teacher preparation programs
approved by the superintendent of public instruction must administer to
all preservice candidates the evidence-based assessment of teaching
effectiveness adopted by the ((professional educator standards board))
superintendent of public instruction. The ((professional educator
standards board)) superintendent of public instruction shall adopt
rules that establish a date during the 2012-13 school year after which
candidates completing teacher preparation programs must successfully
pass this assessment. Assessment results from persons completing each
preparation program must be reported annually by the ((professional
educator standards board)) superintendent of public instruction to the
governor and the education and fiscal committees of the legislature by
December 1st.
(2) The ((professional educator standards board and the))
superintendent of public instruction((, as determined by the board,))
may contract with one or more third parties for:
(a) The administration, scoring, and reporting of scores of the
assessment under this section;
(b) Related clerical and administrative activities; or
(c) Any combination of the purposes of this subsection (2).
(3) Candidates for residency certification who are required to
successfully complete the assessment under this section, and who are
charged a fee for the assessment by a third party contracted with under
this section, shall pay the fee charged by the contractor directly to
the contractor. Such fees shall be reasonably related to the actual
costs of the contractor in providing the assessment.
Sec. 218 RCW 28A.410.290 and 2010 c 235 s 502 are each amended to
read as follows:
(1) By September 30, 2010, the ((professional educator standards
board)) superintendent of public instruction shall review and revise
teacher and administrator preparation program approval standards and
proposal review procedures at the residency certificate level to ensure
they are rigorous and appropriate standards for an expanded range of
potential providers, including community college and nonhigher
education providers. All approved providers must adhere to the same
standards and comply with the same requirements.
(2) Beginning September 30, 2010, the ((professional educator
standards board)) superintendent of public instruction must accept
proposals for community college and nonhigher education providers of
educator preparation programs. Proposals must be processed and
considered by the ((board)) superintendent as expeditiously as
possible.
(3) By September 1, 2011, all ((professional educator standards
board-approved)) residency teacher preparation programs at institutions
of higher education as defined in RCW 28B.10.016 not ((currently))
already a partner in an alternative route program approved by the
((professional educator standards board)) superintendent of public
instruction must submit to the ((board)) superintendent a proposal to
offer one or more of the alternative route programs that meet the
requirements of RCW 28A.660.020 and 28A.660.040.
Sec. 219 RCW 28A.410.300 and 2010 c 235 s 506 are each amended to
read as follows:
Beginning with the 2010 school year and annually thereafter, each
educational service district, in cooperation with the ((professional
educator standards board)) superintendent of public instruction, must
convene representatives from school districts within that region and
((professional educator standards board-approved)) approved educator
preparation programs to review district and regional educator workforce
data, make biennial projections of ((certificate)) certificated
staffing needs, and identify how recruitment and enrollment plans in
educator preparation programs reflect projected need.
Sec. 220 RCW 28A.415.020 and 2007 c 319 s 3 are each amended to
read as follows:
(1) Certificated personnel shall receive for each ten clock hours
of approved in-service training attended the equivalent of a one credit
college quarter course on the salary schedule developed by the
legislative evaluation and accountability program committee.
(2) Certificated personnel shall receive for each ten clock hours
of approved continuing education earned, as continuing education is
defined by rule adopted by the ((professional educator standards
board)) superintendent of public instruction, the equivalent of a one
credit college quarter course on the salary schedule developed by the
legislative evaluation and accountability program committee.
(3) Certificated personnel shall receive for each forty clock hours
of participation in an approved internship with a business, an
industry, or government, as an internship is defined by rule of the
((professional educator standards board)) superintendent of public
instruction in accordance with RCW 28A.415.025, the equivalent of a one
credit college quarter course on the salary schedule developed by the
legislative evaluation and accountability program committee.
(4) An approved in-service training program shall be a program
approved by a school district board of directors, which meet standards
adopted by the ((professional educator standards board)) superintendent
of public instruction, and the development of said program has been
participated in by an in-service training task force whose membership
is the same as provided under RCW 28A.415.040, or a program offered by
an education agency approved to provide in-service for the purposes of
continuing education as provided for under rules adopted by the
((professional educator standards board)) superintendent of public
instruction, or both.
(5) Clock hours eligible for application to the salary schedule
developed by the legislative evaluation and accountability program
committee as described in subsections (1) and (2) of this section,
shall be those hours acquired after August 31, 1987. Clock hours
eligible for application to the salary schedule as described in
subsection (3) of this section shall be those hours acquired after
December 31, 1995.
(6) In-service training or continuing education in first peoples'
language, culture, or oral tribal traditions provided by a sovereign
tribal government participating in the Washington state first peoples'
language, culture, and oral tribal traditions teacher certification
program authorized under RCW 28A.410.045 shall be considered approved
in-service training or approved continuing education under this section
and RCW 28A.415.023.
Sec. 221 RCW 28A.415.023 and 2005 c 497 s 209 and 2005 c 393 s 1
are each reenacted and amended to read as follows:
(1) Credits earned by certificated instructional staff after
September 1, 1995, shall be eligible for application to the salary
schedule developed by the legislative evaluation and accountability
program committee only if the course content:
(a) Is consistent with a school-based plan for mastery of student
learning goals as referenced in RCW 28A.655.110, the annual school
performance report, for the school in which the individual is assigned;
(b) Pertains to the individual's current assignment or expected
assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed by the
((Washington professional educator standards board)) superintendent of
public instruction;
(d) Is specifically required to obtain advanced levels of
certification;
(e) Is included in a college or university degree program that
pertains to the individual's current assignment, or potential future
assignment, as a ((certified)) certificated instructional staff; or
(f) Addresses research-based assessment and instructional
strategies for students with dyslexia, dysgraphia, and language
disabilities when addressing learning goal one under RCW 28A.150.210,
as applicable and appropriate for individual certificated instructional
staff.
(2) For the purpose of this section, "credits" mean college quarter
hour credits and equivalent credits for approved in-service, approved
continuing education, or approved internship hours computed in
accordance with RCW 28A.415.020.
(3) The superintendent of public instruction shall adopt rules and
standards consistent with the limits established by this section for
certificated instructional staff.
Sec. 222 RCW 28A.415.024 and 2006 c 263 s 809 are each amended to
read as follows:
(1) All credits earned in furtherance of degrees earned by
certificated staff, that are used to increase earnings on the salary
schedule consistent with RCW 28A.415.023, must be obtained from an
educational institution accredited by an accrediting association
recognized by rule of the ((professional educator standards board))
superintendent of public instruction.
(2) The office of the superintendent of public instruction shall
verify for school districts the accreditation status of educational
institutions granting degrees that are used by certificated staff to
increase earnings on the salary schedule consistent with RCW
28A.415.023.
(3) The office of the superintendent of public instruction shall
provide school districts with training and additional resources to
ensure they can 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
((professional educator standards board)) superintendent of public
instruction.
(4)(a) No school district may submit degree information before
there has been verification of accreditation under subsection (3) of
this section.
(b) 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.
(c) In addition to the fine in (b) 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. 223 RCW 28A.415.025 and 2006 c 263 s 810 are each amended to
read as follows:
The ((professional educator standards board)) superintendent of
public instruction shall establish rules for awarding clock hours for
participation of certificated personnel in internships with business,
industry, or government. To receive clock hours for an internship, the
individual must demonstrate that the internship will provide beneficial
skills and knowledge in an area directly related to his or her current
assignment, or to his or her assignment for the following school year.
An individual may not receive more than the equivalent of two college
quarter credits for internships during a calendar-year period. The
total number of credits for internships that an individual may earn to
advance on the salary schedule developed by the legislative evaluation
and accountability program committee or its successor agency is limited
to the equivalent of fifteen college quarter credits.
Sec. 224 RCW 28A.415.060 and 2005 c 497 s 210 are each amended to
read as follows:
The ((Washington professional educator standards board)) rules
adopted by the superintendent of public instruction for continuing
education shall provide that educational staff associates may use
credits or clock hours that satisfy the continuing education
requirements for their state professional licensure, if any, to fulfill
the continuing education requirements established by the ((Washington
professional educator standards board)) superintendent of public
instruction.
Sec. 225 RCW 28A.415.340 and 2007 c 402 s 1 are each amended to
read as follows:
(1) Research supports the value of quality school and school
district leadership. Effective leadership is critical to improving
student learning and transforming underperforming schools and school
districts into world-class learning centers.
(2) A public-private partnership is established to develop, pilot,
and implement the Washington state leadership academy to focus on the
development and enhancement of personal leadership characteristics and
the teaching of effective practices and skills demonstrated by school
and district administrators who are successful managers and
instructional leaders. It is the goal of the academy to provide state-of-the-art programs and services across the state.
(3) Academy partners include the state superintendent and principal
professional associations, private nonprofit foundations, institutions
of higher education with approved educator preparation programs, ((the
professional educator standards board,)) the office of the
superintendent of public instruction, educational service districts,
the state school business officers' association, and other entities
identified by the partners. The partners shall designate an
independent organization to act as the fiscal agent for the academy and
shall establish a board of directors to oversee and direct the
academy's finances, services, and programs. The academy shall be
supported by a national research institution with demonstrated
expertise in educational leadership.
(4) Initial development of academy course content and activities
shall be supported by private funds. Initial tasks of the academy are
to:
(a) Finalize a comprehensive design of the academy and the
development of the curriculum frameworks for a comprehensive leadership
development program that includes coursework, practicum, mentoring, and
evaluation components;
(b) Develop curriculum for individual leadership topics;
(c) Pilot the curriculum and all program components; and
(d) Modify the comprehensive design, curriculum coursework,
practicum, and mentoring programs based on the research results gained
from pilot activities.
(5) The board of directors shall report semiannually to the
superintendent of public instruction on the financial contributions
provided by foundations and other organizations to support the work of
the academy. The board of directors shall report by December 31st each
year to the superintendent of public instruction on the programs and
services provided, numbers of participants in the various academy
activities, evaluation activities regarding program and participant
outcomes, and plans for the academy's future development.
(6) The board of directors shall make recommendations for changes
in superintendent and principal preparation programs, the administrator
licensure system, and continuing education requirements.
Sec. 226 RCW 28A.415.370 and 2007 c 402 s 10 are each amended to
read as follows:
(1) The recruiting Washington teachers program is established to
recruit and provide training and support for high school students to
enter the teaching profession, especially in teacher shortage areas and
among underrepresented groups and multilingual, multicultural students.
The program shall be administered by the ((professional educator
standards board)) office of the superintendent of public instruction.
(2) The program shall consist of the following components:
(a) Targeted recruitment of diverse students, including but not
limited to students from underrepresented groups and multilingual,
multicultural students in grades nine through twelve through outreach
and communication strategies. The focus of recruitment efforts shall
be on encouraging students to consider and explore becoming future
teachers in mathematics, science, bilingual education, special
education, and English as a second language. Program enrollment is not
limited to students from underrepresented groups or multilingual,
multicultural students;
(b) A curriculum that provides future teachers with opportunities
to observe classroom instruction at all grade levels; includes
preteaching internships at all grade levels with a focus on shortage
areas; and covers such topics as lesson planning, learning styles,
student learning data and information, the achievement gap, cultural
competency, and education policy;
(c) Academic and community support services for students to help
them overcome possible barriers to becoming future teachers, such as
supplemental tutoring; advising on college readiness, applications, and
financial aid processes; and mentoring; and
(d) Future teacher camps held on college campuses where students
can attend workshops and interact with college faculty and current
teachers.
(3) As part of its administration of the program, the
((professional educator standards board)) office of the superintendent
of public instruction shall:
(a) Develop the curriculum and program guidelines in consultation
with an advisory group of teachers, representatives of teacher
preparation programs, teacher candidates, students, and representatives
of diverse communities;
(b) Subject to funds appropriated for this purpose, allocate grant
funds through a competitive process to partnerships of high schools,
teacher preparation programs, and community-based organizations to
design and deliver programs that include the components under
subsection (2) of this section; and
(c) Conduct an evaluation of the effectiveness of current
strategies and programs for recruiting teachers, especially
multilingual, multicultural teachers, in Washington and in other
states. The ((board)) office shall use the findings from the
evaluation to revise the recruiting Washington teachers program as
necessary and make other recommendations to teacher preparation
programs or the legislature.
Sec. 227 RCW 28A.405.110 and 2006 c 263 s 806 are each amended to
read as follows:
The legislature recognizes the importance of teachers in the
educational system. Teachers are the fundamental element in assuring
a quality education for the state's and the nation's children.
Teachers, through their direct contact with children, have a great
impact on the development of the child. The legislature finds that
this important role of the teacher requires an assurance that teachers
are as successful as possible in attaining the goal of a well-educated
society. The legislature finds, therefore, that the evaluation of
those persons seeking to enter the teaching profession is no less
important than the evaluation of those persons currently teaching. The
evaluation of persons seeking teaching credentials should be strenuous
while making accommodations uniquely appropriate to the applicants.
Strenuous teacher training and preparation should be complemented by
examinations of prospective teachers prior to candidates being granted
official certification by the ((professional educator standards board))
superintendent of public instruction. Teacher preparation program
entrance evaluations, teacher training, teacher preparation program
exit examinations, official certification, in-service training, and
ongoing evaluations of individual progress and professional growth are
all part of developing and maintaining a strong precertification and
postcertification professional education system.
The legislature further finds that an evaluation system for
teachers has the following elements, goals, and objectives: (1) An
evaluation system must be meaningful, helpful, and objective; (2) an
evaluation system must encourage improvements in teaching skills,
techniques, and abilities by identifying areas needing improvement; (3)
an evaluation system must provide a mechanism to make meaningful
distinctions among teachers and to acknowledge, recognize, and
encourage superior teaching performance; and (4) an evaluation system
must encourage respect in the evaluation process by the persons
conducting the evaluations and the persons subject to the evaluations
through recognizing the importance of objective standards and
minimizing subjectivity.
Sec. 228 RCW 28A.405.210 and 2010 c 235 s 303 are each amended to
read as follows:
No teacher, principal, supervisor, superintendent, or other
certificated employee, holding a position as such with a school
district, hereinafter referred to as "employee," shall be employed
except by written order of a majority of the directors of the district
at a regular or special meeting thereof, nor unless he or she is the
holder of an effective teacher's certificate or other certificate
required by law or the ((Washington professional educator standards
board)) superintendent of public instruction for the position for which
the employee is employed.
The board shall make with each employee employed by it a written
contract, which shall be in conformity with the laws of this state, and
except as otherwise provided by law, limited to a term of not more than
one year. Every such contract shall be made in duplicate, one copy to
be retained by the school district superintendent or secretary and one
copy to be delivered to the employee. No contract shall be offered by
any board for the employment of any employee who has previously signed
an employment contract for that same term in another school district of
the state of Washington unless such employee shall have been released
from his or her obligations under such previous contract by the board
of directors of the school district to which he or she was obligated.
Any contract signed in violation of this provision shall be void.
In the event it is determined that there is probable cause or
causes that the employment contract of an employee should not be
renewed by the district for the next ensuing term such employee shall
be notified in writing on or before May 15th preceding the commencement
of such term of that determination, or if the omnibus appropriations
act has not passed the legislature by May 15th, then notification shall
be no later than June 15th, which notification shall specify the cause
or causes for nonrenewal of contract. Such determination of probable
cause for certificated employees, other than the superintendent, shall
be made by the superintendent. Such notice shall be served upon the
employee personally, or by certified or registered mail, or by leaving
a copy of the notice at the house of his or her usual abode with some
person of suitable age and discretion then resident therein. Every
such employee so notified, at his or her request made in writing and
filed with the president, chair or secretary of the board of directors
of the district within ten days after receiving such notice, shall be
granted opportunity for hearing pursuant to RCW 28A.405.310 to
determine whether there is sufficient cause or causes for nonrenewal of
contract: PROVIDED, That any employee receiving notice of nonrenewal
of contract due to an enrollment decline or loss of revenue may, in his
or her request for a hearing, stipulate that initiation of the
arrangements for a hearing officer as provided for by RCW
28A.405.310(4) shall occur within ten days following July 15 rather
than the day that the employee submits the request for a hearing. If
any such notification or opportunity for hearing is not timely given,
the employee entitled thereto shall be conclusively presumed to have
been reemployed by the district for the next ensuing term upon
contractual terms identical with those which would have prevailed if
his or her employment had actually been renewed by the board of
directors for such ensuing term.
This section shall not be applicable to "provisional employees" as
so designated in RCW 28A.405.220; transfer to a subordinate
certificated position as that procedure is set forth in RCW 28A.405.230
or 28A.405.245 shall not be construed as a nonrenewal of contract for
the purposes of this section.
Sec. 229 RCW 28A.400.201 and 2010 c 236 s 7 are each amended to
read as follows:
(1) The legislature recognizes that providing students with the
opportunity to access a world-class educational system depends on our
continuing ability to provide students with access to world-class
educators. The legislature also understands that continuing to attract
and retain the highest quality educators will require increased
investments. The legislature intends to enhance the current salary
allocation model and recognizes that changes to the current model
cannot be imposed without great deliberation and input from teachers,
administrators, and classified employees. Therefore, it is the intent
of the legislature to begin the process of developing an enhanced
salary allocation model that is collaboratively designed to ensure the
rationality of any conclusions regarding what constitutes adequate
compensation.
(2) Beginning July 1, 2011, the office of the superintendent of
public instruction, in collaboration with the office of financial
management, shall convene a technical working group to recommend the
details of an enhanced salary allocation model that aligns state
expectations for educator development and certification with the
compensation system and establishes recommendations for a concurrent
implementation schedule. In addition to any other details the
technical working group deems necessary, the technical working group
shall make recommendations on the following:
(a) How to reduce the number of tiers within the existing salary
allocation model;
(b) How to account for labor market adjustments;
(c) How to account for different geographic regions of the state
where districts may encounter difficulty recruiting and retaining
teachers;
(d) The role of and types of bonuses available;
(e) Ways to accomplish salary equalization over a set number of
years; and
(f) Initial fiscal estimates for implementing the recommendations
including a recognition that staff on the existing salary allocation
model would have the option to grandfather in permanently to the
existing schedule.
(3) As part of its work, the technical working group shall conduct
or contract for a preliminary comparative labor market analysis of
salaries and other compensation for school district employees to be
conducted and shall include the results in any reports to the
legislature. For the purposes of this subsection, "salaries and other
compensation" includes average base salaries, average total salaries,
average employee basic benefits, and retirement benefits.
(4) The analysis required under subsection (1) of this section
must:
(a) Examine salaries and other compensation for teachers, other
certificated instructional staff, principals, and other building-level
certificated administrators, and the types of classified employees for
whom salaries are allocated;
(b) Be calculated at a statewide level that identifies labor
markets in Washington through the use of data from the United States
bureau of the census and the bureau of labor statistics; and
(c) Include a comparison of salaries and other compensation to the
appropriate labor market for at least the following subgroups of
educators: Beginning teachers and types of educational staff
associates.
(5) The working group shall include representatives of the
department of personnel, ((the professional educator standards board,))
the office of the superintendent of public instruction, the Washington
education association, the Washington association of school
administrators, the association of Washington school principals, the
Washington state school directors' association, the public school
employees of Washington, and other interested stakeholders with
appropriate expertise in compensation related matters. The working
group may convene advisory subgroups on specific topics as necessary to
assure participation and input from a broad array of diverse
stakeholders.
(6) The working group shall be monitored and overseen by the
legislature and the quality education council created in RCW
28A.290.010. The working group shall make an initial report to the
legislature by June 30, 2012, and shall include in its report
recommendations for whether additional further work of the group is
necessary.
Sec. 230 RCW 28A.630.400 and 2006 c 263 s 815 are each amended to
read as follows:
(1) The ((professional educator standards board)) superintendent of
public instruction and the state board for community and technical
colleges, in consultation with ((the superintendent of public
instruction,)) the higher education coordinating board, the state
apprenticeship training council, and community colleges, shall adopt
rules as necessary under chapter 34.05 RCW to implement the
paraeducator associate of arts degree.
(2) As used in this section, a "paraeducator" is an individual who
has completed an associate of arts degree for a paraeducator. The
paraeducator may be hired by a school district to assist certificated
instructional staff in the direct instruction of children in small and
large groups, individualized instruction, testing of children,
recordkeeping, and preparation of materials. The paraeducator shall
work under the direction of instructional certificated staff.
(3) The training program for a paraeducator associate of arts
degree shall include, but is not limited to, the general requirements
for receipt of an associate of arts degree and training in the areas of
introduction to childhood education, orientation to children with
disabilities, fundamentals of childhood education, creative activities
for children, instructional materials for children, fine art
experiences for children, the psychology of learning, introduction to
education, child health and safety, child development and guidance,
first aid, and a practicum in a school setting.
(4) Consideration shall be given to transferability of credit
earned in this program to teacher preparation programs at colleges and
universities.
Sec. 231 RCW 28A.660.020 and 2010 c 235 s 503 are each amended to
read as follows:
(1) The ((professional educator standards board)) superintendent of
public instruction shall transition the alternative route partnership
grant program from a separate competitive grant program to a
preparation program model to be expanded among approved preparation
program providers. Alternative routes are partnerships between
((professional educator standards board-approved)) approved preparation
programs, Washington school districts, and other partners as
appropriate.
(2) Each prospective teacher preparation program provider, in
cooperation with a Washington school district or consortia of school
districts applying to operate (([an])) an alternative route
certification program, shall include in its proposal to the
((Washington professional educator standards board)) superintendent of
public instruction:
(a) The route or routes the partnership program intends to offer
and a detailed description of how the routes will be structured and
operated by the partnership;
(b) The estimated number of candidates that will be enrolled per
route;
(c) An identification, indication of commitment, and description of
the role of approved teacher preparation programs and partnering
district or consortia of districts;
(d) An assurance that the district or approved preparation program
provider will provide adequate training for mentor teachers specific to
the mentoring of alternative route candidates;
(e) An assurance that significant time will be provided for mentor
teachers to spend with the alternative route teacher candidates
throughout the internship. Partnerships must provide each candidate
with intensive classroom mentoring until such time as the candidate
demonstrates the competency necessary to manage the classroom with less
intensive supervision and guidance from a mentor;
(f) A description of the rigorous screening process for applicants
to alternative route programs, including entry requirements specific to
each route, as provided in RCW 28A.660.040;
(g) A summary of procedures that provide flexible completion
opportunities for candidates to achieve a residency certificate; and
(h) The design and use of a teacher development plan for each
candidate. The plan shall specify the alternative route coursework and
training required of each candidate and shall be developed by comparing
the candidate's prior experience and coursework with the state's new
performance-based standards for residency certification and adjusting
any requirements accordingly. The plan may include the following
components:
(i) A minimum of one-half of a school year, and an additional
significant amount of time if necessary, of intensive mentorship during
field experience, starting with full-time mentoring and progressing to
increasingly less intensive monitoring and assistance as the intern
demonstrates the skills necessary to take over the classroom with less
intensive support. Before the supervision is diminished, the mentor of
the teacher candidate at the school and the supervisor of the teacher
candidate from the teacher preparation program must both agree that the
teacher candidate is ready to manage the classroom with less intensive
supervision;
(ii) Identification of performance indicators based on the
knowledge and skills standards required for residency certification by
the ((Washington professional educator standards board)) superintendent
of public instruction;
(iii) Identification of benchmarks that will indicate when the
standard is met for all performance indicators;
(iv) A description of strategies for assessing candidate
performance on the benchmarks;
(v) Identification of one or more tools to be used to assess a
candidate's performance once the candidate has been in the classroom
for about one-half of a school year;
(vi) A description of the criteria that would result in residency
certification after about one-half of a school year but before the end
of the program; and
(vii) A description of how the district intends for the alternative
route program to support its workforce development plan and how the
presence of alternative route interns will advance its school
improvement plans.
(3) To the extent funds are appropriated for this purpose,
alternative route programs may apply for program funds to pay stipends
to trained mentor teachers of interns during the mentored internship.
The per intern amount of mentor stipend provided by state funds shall
not exceed five hundred dollars.
Sec. 232 RCW 28A.660.035 and 2009 c 468 s 6 are each amended to
read as follows:
The office of the superintendent of public instruction shall
identify school districts that have the most significant achievement
gaps among subgroups of students and for large numbers of those
students, and districts that should receive priority for assistance in
advancing cultural competency skills in their workforce. The
((professional educator standards board)) office shall provide
assistance to the identified school districts to develop partnership
grant programs between the districts and teacher preparation programs
to provide one or more of the four alternative route programs under RCW
28A.660.040 and to recruit paraeducators and other individuals in the
local community to become certified as teachers. A partnership grant
program proposed by an identified school district shall receive
priority eligibility for partnership grants under RCW 28A.660.020. To
the maximum extent possible, the ((board)) office shall coordinate the
recruiting Washington teachers program under RCW 28A.415.370 with the
alternative route programs under this section.
Sec. 233 RCW 28A.660.050 and 2010 c 235 s 505 are each amended to
read as follows:
Subject to the availability of amounts appropriated for these
purposes, the conditional scholarship programs in this chapter are
created under the following guidelines:
(1) The programs shall be administered by the higher education
coordinating board. In administering the programs, the higher
education coordinating board has the following powers and duties:
(a) To adopt necessary rules and develop guidelines to administer
the programs;
(b) To collect and manage repayments from participants who do not
meet their service obligations; and
(c) To accept grants and donations from public and private sources
for the programs.
(2) Requirements for participation in the conditional scholarship
programs are as provided in this subsection (2).
(a) The alternative route conditional scholarship program is
limited to interns of ((professional educator standards board-approved)) superintendent of public instruction approved alternative
routes to teaching programs under RCW 28A.660.040. For fiscal year
2011, priority must be given to fiscal year 2010 participants in the
alternative route partnership program. In order to receive conditional
scholarship awards, recipients shall:
(i) Be accepted and maintain enrollment in alternative
certification routes through a ((professional educator standards board-approved)) superintendent of public instruction approved program;
(ii) Continue to make satisfactory progress toward completion of
the alternative route certification program and receipt of a residency
teaching certificate; and
(iii) Receive no more than the annual amount of the scholarship,
not to exceed eight thousand dollars, for the cost of tuition, fees,
and educational expenses, including books, supplies, and transportation
for the alternative route certification program in which the recipient
is enrolled. The board may adjust the annual award by the average rate
of resident undergraduate tuition and fee increases at the state
universities as defined in RCW 28B.10.016.
(b) The pipeline for paraeducators conditional scholarship program
is limited to qualified paraeducators as provided by RCW 28A.660.042.
In order to receive conditional scholarship awards, recipients shall:
(i) Be accepted and maintain enrollment at a community and
technical college for no more than two years and attain an associate of
arts degree;
(ii) Continue to make satisfactory progress toward completion of an
associate of arts degree. This progress requirement is a condition for
eligibility into a route one program of the alternative routes to
teacher certification program for a mathematics, special education, or
English as a second language endorsement; and
(iii) Receive no more than the annual amount of the scholarship,
not to exceed four thousand dollars, for the cost of tuition, fees, and
educational expenses, including books, supplies, and transportation for
the alternative route certification program in which the recipient is
enrolled. The board may adjust the annual award by the average rate of
tuition and fee increases at the state community and technical
colleges.
(c) The retooling to teach mathematics and science conditional
scholarship program is limited to current K-12 teachers. In order to
receive conditional scholarship awards:
(i) Individuals currently employed as teachers shall pursue a
middle level mathematics or science, or secondary mathematics or
science endorsement; or
(ii) Individuals who are certificated with an elementary education
endorsement shall pursue an endorsement in middle level mathematics or
science, or both; and
(iii) Individuals shall use one of the pathways to endorsement
processes to receive a mathematics or science endorsement, or both,
which shall include passing a mathematics or science endorsement test,
or both tests, plus observation and completing applicable coursework to
attain the proper endorsement; and
(iv) Individuals shall receive no more than the annual amount of
the scholarship, not to exceed three thousand dollars, for the cost of
tuition, test fees, and educational expenses, including books,
supplies, and transportation for the endorsement pathway being pursued.
(3) The ((Washington professional educator standards board))
superintendent of public instruction shall select individuals to
receive conditional scholarships. In selecting recipients, preference
shall be given to eligible veterans or national guard members.
(4) For the purpose of this chapter, a conditional scholarship is
a loan that is forgiven in whole or in part in exchange for service as
a certificated teacher employed in a Washington state K-12 public
school. The state shall forgive one year of loan obligation for every
two years a recipient teaches in a public school. Recipients who fail
to continue a course of study leading to residency teacher
certification or cease to teach in a public school in the state of
Washington in their endorsement area are required to repay the
remaining loan principal with interest.
(5) Recipients who fail to fulfill the required teaching obligation
are required to repay the remaining loan principal with interest and
any other applicable fees. The higher education coordinating board
shall adopt rules to define the terms for repayment, including
applicable interest rates, fees, and deferments.
(6) The higher education coordinating board may deposit all
appropriations, collections, and any other funds received for the
program in this chapter in the future teachers conditional scholarship
account authorized in RCW 28B.102.080.
Sec. 234 RCW 28A.690.020 and 2006 c 263 s 818 are each amended to
read as follows:
The "designated state official" for this state under Article II of
RCW 28A.690.010 shall be the superintendent of public instruction, who
shall be the compact administrator and who shall have power to adopt
rules to carry out the terms of this compact. ((The superintendent of
public instruction shall enter into contracts pursuant to Article III
of the Agreement only with the approval of the specific text thereof by
the professional educator standards board.))
Sec. 235 RCW 28A.150.060 and 2005 c 497 s 212 are each amended to
read as follows:
The term "certificated employee" as used in RCW 28A.195.010,
28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210, 28A.405.240,
28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW,
shall include those persons who hold certificates as authorized by rule
of ((the Washington professional educator standards board or)) the
superintendent of public instruction.
Sec. 236 RCW 28A.150.203 and 2009 c 548 s 102 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Basic education goal" means the student learning goals and the
student knowledge and skills described under RCW 28A.150.210.
(2) "Certificated administrative staff" means all those persons who
are chief executive officers, chief administrative officers,
confidential employees, supervisors, principals, or assistant
principals within the meaning of RCW 41.59.020(4).
(3) "Certificated employee" as used in this chapter and RCW
28A.195.010, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250,
28A.405.300 through 28A.405.380, and chapter 41.59 RCW, means those
persons who hold certificates as authorized by rule of the ((Washington
professional educator standards board)) superintendent of public
instruction.
(4) "Certificated instructional staff" means those persons employed
by a school district who are nonsupervisory certificated employees
within the meaning of RCW 41.59.020(8).
(5) "Class size" means an instructional grouping of students where,
on average, the ratio of students to teacher is the number specified.
(6) "Classified employee" means a person who does not hold a
professional education certificate or is employed in a position that
does not require such a certificate.
(7) "Classroom teacher" means a person who holds a professional
education certificate and is employed in a position for which such
certificate is required whose primary duty is the daily educational
instruction of students. In exceptional cases, people of unusual
competence but without certification may teach students so long as a
certificated person exercises general supervision, but the hiring of
such classified employees shall not occur during a labor dispute, and
such classified employees shall not be hired to replace certificated
employees during a labor dispute.
(8) "Instructional program of basic education" means the minimum
program required to be provided by school districts and includes
instructional hour requirements and other components under RCW
28A.150.220.
(9) "Program of basic education" means the overall program under
RCW 28A.150.200 and deemed by the legislature to comply with the
requirements of Article IX, section 1 of the state Constitution.
(10) "School day" means each day of the school year on which pupils
enrolled in the common schools of a school district are engaged in
academic and career and technical instruction planned by and under the
direction of the school.
(11) "School year" includes the minimum number of school days
required under RCW 28A.150.220 and begins on the first day of September
and ends with the last day of August, except that any school district
may elect to commence the annual school term in the month of August of
any calendar year and in such case the operation of a school district
for such period in August shall be credited by the superintendent of
public instruction to the succeeding school year for the purpose of the
allocation and distribution of state funds for the support of such
school district.
(12) "Teacher planning period" means a period of a school day as
determined by the administration and board of ((the)) directors of the
district that may be used by teachers for instruction-related
activities including but not limited to preparing instructional
materials; reviewing student performance; recording student data;
consulting with other teachers, instructional assistants, mentors,
instructional coaches, administrators, and parents; or participating in
professional development.
Sec. 237 RCW 28A.170.080 and 2005 c 497 s 213 are each amended to
read as follows:
(1) Grants provided under RCW 28A.170.090 may be used solely for
services provided by a substance abuse intervention specialist or for
dedicated staff time for counseling and intervention services provided
by any school district certificated employee who has been trained by
and has access to consultation with a substance abuse intervention
specialist. Services shall be directed at assisting students in
kindergarten through twelfth grade in overcoming problems of drug and
alcohol abuse, and in preventing abuse and addiction to such
substances, including nicotine. The grants shall require local
matching funds so that the grant amounts support a maximum of eighty
percent of the costs of the services funded. The services of a
substance abuse intervention specialist may be obtained by means of a
contract with a state or community services agency or a drug treatment
center. Services provided by a substance abuse intervention specialist
may include:
(a) Individual and family counseling, including preventive
counseling;
(b) Assessment and referral for treatment;
(c) Referral to peer support groups;
(d) Aftercare;
(e) Development and supervision of student mentor programs;
(f) Staff training, including training in the identification of
high-risk children and effective interaction with those children in the
classroom; and
(g) Development and coordination of school drug and alcohol core
teams, involving staff, students, parents, and community members.
(2) For the purposes of this section, "substance abuse intervention
specialist" means any one of the following, except that diagnosis and
assessment, counseling and aftercare specifically identified with
treatment of chemical dependency shall be performed only by personnel
who meet the same qualifications as are required of a qualified
chemical dependency counselor employed by an alcoholism or drug
treatment program approved by the department of social and health
services.
(a) An educational staff associate employed by a school district or
educational service district who holds certification as a school
counselor, school psychologist, school nurse, or school social worker
under ((Washington professional educator standards board)) rules
adopted by the superintendent of public instruction pursuant to RCW
28A.410.210;
(b) An individual who meets the definition of a qualified drug or
alcohol counselor established by the bureau of alcohol and substance
abuse;
(c) A counselor, social worker, or other qualified professional
employed by the department of social and health services;
(d) A psychologist licensed under chapter 18.83 RCW; or
(e) A children's mental health specialist as defined in RCW
71.34.020.
Sec. 238 RCW 28A.175.105 and 2010 c 20 s 3 are each amended to
read as follows:
The definitions in this section apply throughout RCW 28A.175.100
through 28A.175.110 unless the context clearly requires otherwise:
(1) "Dropout reengagement program" means an educational program
that offers at least the following instruction and services:
(a) Academic instruction, including but not limited to GED
preparation, academic skills instruction, and college and work
readiness preparation, that generates credits that can be applied to a
high school diploma from the student's school district or from a
community or technical college under RCW 28B.50.535 and has the goal of
enabling the student to obtain the academic and work readiness skills
necessary for employment or postsecondary study. A dropout
reengagement program is not required to offer instruction in only those
subject areas where a student is deficient in accumulated credits.
Academic instruction must be provided by teachers certified by the
((Washington professional educator standards board)) superintendent of
public instruction or by instructors employed by a community or
technical college whose required credentials are established by the
college;
(b) Case management, academic and career counseling, and assistance
with accessing services and resources that support at-risk youth and
reduce barriers to educational success; and
(c) If the program provider is a community or technical college,
the opportunity for qualified students to enroll in college courses
that lead to a postsecondary degree or certificate. The college may
not charge an eligible student tuition for such enrollment.
(2) "Eligible student" means a student who:
(a) Is at least sixteen but less than twenty-one years of age at
the beginning of the school year;
(b) Is not accumulating sufficient credits toward a high school
diploma to reasonably complete a high school diploma from a public
school before the age of twenty-one or is recommended for the program
by case managers from the department of social and health services or
the juvenile justice system; and
(c) Is enrolled or enrolls in the school district in which the
student resides, or is enrolled or enrolls in a nonresident school
district under RCW 28A.225.220 through 28A.225.230.
(3) "Full-time equivalent eligible student" means an eligible
student whose enrollment and attendance meet criteria adopted by the
office of the superintendent of public instruction specifically for
dropout reengagement programs. The criteria shall be:
(a) Based on the community or technical college credits generated
by the student if the program provider is a community or technical
college; and
(b) Based on a minimum amount of planned programming or instruction
and minimum attendance by the student rather than hours of seat time if
the program provider is a community-based organization.
Sec. 239 RCW 28A.205.010 and 2006 c 263 s 408 are each amended to
read as follows:
(1) As used in this chapter, unless the context thereof shall
clearly indicate to the contrary:
"Education center" means any private school operated on a profit or
nonprofit basis which does the following:
(a) Is devoted to the teaching of basic academic skills, including
specific attention to improvement of student motivation for achieving,
and employment orientation.
(b) Operates on a clinical, client centered basis. This shall
include, but not be limited to, performing diagnosis of individual
educational abilities, determination and setting of individual goals,
prescribing and providing individual courses of instruction therefor,
and evaluation of each individual client's progress in his or her
educational program.
(c) Conducts courses of instruction by professionally trained
personnel certificated by the ((Washington professional educator
standards board)) superintendent of public instruction according to
rules adopted for the purposes of this chapter and providing, for
certification purposes, that a year's teaching experience in an
education center shall be deemed equal to a year's teaching experience
in a common or private school.
(2) For purposes of this chapter, basic academic skills shall
include the study of mathematics, speech, language, reading and
composition, science, history, literature and political science or
civics; it shall not include courses of a vocational training nature
and shall not include courses deemed nonessential to the accrediting or
the approval of private schools under RCW 28A.305.130.
(3) The superintendent of public instruction shall certify an
education center only upon application and (a) determination that such
school comes within the definition thereof as set forth in subsection
(1) of this section and (b) demonstration on the basis of actual
educational performance of such applicants' students which shows after
consideration of their students' backgrounds, educational gains that
are a direct result of the applicants' educational program. Such
certification may be withdrawn if the superintendent finds that a
center fails to provide adequate instruction in basic academic skills.
No education center certified by the superintendent of public
instruction pursuant to this section shall be deemed a common school
under RCW 28A.150.020 or a private school for the purposes of RCW
28A.195.010 through 28A.195.050.
Sec. 240 RCW 28A.205.050 and 2005 c 497 s 215 are each amended to
read as follows:
In accordance with chapter 34.05 RCW, the administrative procedure
act, ((the Washington professional educator standards board with
respect to the matter of certification, and)) the superintendent of
public instruction ((with respect to all other matters,)) shall have
the power and duty to make the necessary rules to carry out the purpose
and intent of this chapter.
Sec. 241 RCW 28A.225.330 and 2009 c 380 s 2 are each amended to
read as follows:
(1) When enrolling a student who has attended school in another
school district, the school enrolling the student may request the
parent and the student to briefly indicate in writing whether or not
the student has:
(a) Any history of placement in special educational programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent behavior, or behavior listed in RCW
13.04.155;
(d) Any unpaid fines or fees imposed by other schools; and
(e) Any health conditions affecting the student's educational
needs.
(2) The school enrolling the student shall request the school the
student previously attended to send the student's permanent record
including records of disciplinary action, history of violent behavior
or behavior listed in RCW 13.04.155, attendance, immunization records,
and academic performance. If the student has not paid a fine or fee
under RCW 28A.635.060, or tuition, fees, or fines at approved private
schools the school may withhold the student's official transcript, but
shall transmit information about the student's academic performance,
special placement, immunization records, records of disciplinary
action, and history of violent behavior or behavior listed in RCW
13.04.155. If the official transcript is not sent due to unpaid
tuition, fees, or fines, the enrolling school shall notify both the
student and parent or guardian that the official transcript will not be
sent until the obligation is met, and failure to have an official
transcript may result in exclusion from extracurricular activities or
failure to graduate.
(3) Upon request, school districts shall furnish a set of
unofficial educational records to a parent or guardian of a student who
is transferring out of state and who meets the definition of a child of
a military family in transition under Article II of RCW 28A.705.010.
School districts may charge the parent or guardian the actual cost of
providing the copies of the records.
(4) If information is requested under subsection (2) of this
section, the information shall be transmitted within two school days
after receiving the request and the records shall be sent as soon as
possible. The records of a student who meets the definition of a child
of a military family in transition under Article II of RCW 28A.705.010
shall be sent within ten days after receiving the request. Any school
district or district employee who releases the information in
compliance with this section is immune from civil liability for damages
unless it is shown that the school district employee acted with gross
negligence or in bad faith. The ((professional educator standards
board)) superintendent of public instruction shall provide by rule for
the discipline under chapter 28A.410 RCW of a school principal or other
chief administrator of a public school building who fails to make a
good faith effort to assure compliance with this subsection.
(5) Any school district or district employee who releases the
information in compliance with federal and state law is immune from
civil liability for damages unless it is shown that the school district
or district employee acted with gross negligence or in bad faith.
(6) When a school receives information under this section or RCW
13.40.215 that a student has a history of disciplinary actions,
criminal or violent behavior, or other behavior that indicates the
student could be a threat to the safety of educational staff or other
students, the school shall provide this information to the student's
teachers and security personnel.
Sec. 242 RCW 28A.300.460 and 2009 c 443 s 2 are each amended to
read as follows:
(1) The task of the financial education public-private partnership
is to seek out and determine the best methods of equipping students
with the knowledge and skills they need, before they become self-supporting, in order for them to make critical decisions regarding
their personal finances. The components of personal financial
education shall include the achievement of skills and knowledge
necessary to make informed judgments and effective decisions regarding
earning, spending, and the management of money and credit.
(2) In carrying out its task, and to the extent funds are
available, the partnership shall:
(a) Communicate to school districts the financial education
standards adopted under RCW 28A.300.462, other important financial
education skills and content knowledge, and strategies for expanding
the provision and increasing the quality of financial education
instruction;
(b) Review on an ongoing basis financial education curriculum that
is available to school districts, including instructional materials and
programs and schoolwide programs that include the important financial
skills and content knowledge;
(c) Develop evaluation standards and a procedure for endorsing
financial education curriculum that the partnership determines should
be recommended for use in school districts;
(d) Identify assessments and outcome measures that schools and
communities may use to determine whether students have met the
financial education standards adopted under RCW 28A.300.462;
(e) Monitor and provide guidance for professional development for
educators regarding financial education, including ways that teachers
at different grade levels may integrate financial skills and content
knowledge into mathematics, social studies, and other course content
areas;
(f) Work with the office of the superintendent of public
instruction ((and the professional educator standards board)) to create
professional development that could lead to a certificate endorsement
or other certification of competency in financial education;
(g) Develop academic guidelines and standards-based protocols for
use by classroom volunteers who participate in delivering financial
education to students in the public schools; and
(h) Provide an annual report beginning December 1, 2009, as
provided in RCW 28A.300.464, to the governor, the superintendent of
public instruction, and the committees of the legislature with
oversight over K-12 education and higher education.
Sec. 243 RCW 28A.300.507 and 2009 c 548 s 203 are each amended to
read as follows:
(1) A K-12 data governance group shall be established within the
office of the superintendent of public instruction to assist in the
design and implementation of a K-12 education data improvement system
for financial, student, and educator data. It is the intent that the
data system reporting specifically serve requirements for teachers,
parents, superintendents, school boards, the office of the
superintendent of public instruction, the legislature, and the public.
(2) The K-12 data governance group shall include representatives of
the education data center, the office of the superintendent of public
instruction, the legislative evaluation and accountability program
committee, ((the professional educator standards board,)) the state
board of education, and school district staff, including information
technology staff. Additional entities with expertise in education data
may be included in the K-12 data governance group.
(3) The K-12 data governance group shall:
(a) Identify the critical research and policy questions that need
to be addressed by the K-12 education data improvement system;
(b) Identify reports and other information that should be made
available on the internet in addition to the reports identified in
subsection (5) of this section;
(c) Create a comprehensive needs requirement document detailing the
specific information and technical capacity needed by school districts
and the state to meet the legislature's expectations for a
comprehensive K-12 education data improvement system as described under
RCW 28A.655.210;
(d) Conduct a gap analysis of current and planned information
compared to the needs requirement document, including an analysis of
the strengths and limitations of an education data system and programs
currently used by school districts and the state, and specifically the
gap analysis must look at the extent to which the existing data can be
transformed into canonical form and where existing software can be used
to meet the needs requirement document;
(e) Focus on financial and cost data necessary to support the new
K-12 financial models and funding formulas, including any necessary
changes to school district budgeting and accounting, and on assuring
the capacity to link data across financial, student, and educator
systems; and
(f) Define the operating rules and governance structure for K-12
data collections, ensuring that data systems are flexible and able to
adapt to evolving needs for information, within an objective and
orderly data governance process for determining when changes are needed
and how to implement them. Strong consideration must be made to the
current practice and cost of migration to new requirements. The
operating rules should delineate the coordination, delegation, and
escalation authority for data collection issues, business rules, and
performance goals for each K-12 data collection system, including:
(i) Defining and maintaining standards for privacy and
confidentiality;
(ii) Setting data collection priorities;
(iii) Defining and updating a standard data dictionary;
(iv) Ensuring data compliance with the data dictionary;
(v) Ensuring data accuracy; and
(vi) Establishing minimum standards for school, student, financial,
and teacher data systems. Data elements may be specified "to the
extent feasible" or "to the extent available" to collect more and
better data sets from districts with more flexible software. Nothing
in RCW 43.41.400, this section, or RCW 28A.655.210 should be construed
to require that a data dictionary or reporting should be hobbled to the
lowest common set. The work of the K-12 data governance group must
specify which data are desirable. Districts that can meet these
requirements shall report the desirable data. Funding from the
legislature must establish which subset data are absolutely required.
(4)(a) The K-12 data governance group shall provide updates on its
work as requested by the education data center and the legislative
evaluation and accountability program committee.
(b) The work of the K-12 data governance group shall be
periodically reviewed and monitored by the educational data center and
the legislative evaluation and accountability program committee.
(5) To the extent data is available, the office of the
superintendent of public instruction shall make the following minimum
reports available on the internet. The reports must either be run on
demand against current data, or, if a static report, must have been run
against the most recent data:
(a) The percentage of data compliance and data accuracy by school
district;
(b) The magnitude of spending per student, by student estimated by
the following algorithm and reported as the detailed summation of the
following components:
(i) An approximate, prorated fraction of each teacher or human
resource element that directly serves the student. Each human resource
element must be listed or accessible through online tunneling in the
report;
(ii) An approximate, prorated fraction of classroom or building
costs used by the student;
(iii) An approximate, prorated fraction of transportation costs
used by the student; and
(iv) An approximate, prorated fraction of all other resources
within the district. District-wide components should be disaggregated
to the extent that it is sensible and economical;
(c) The cost of K-12 basic education, per student, by student, by
school district, estimated by the algorithm in (b) of this subsection,
and reported in the same manner as required in (b) of this subsection;
(d) The cost of K-12 special education services per student, by
student receiving those services, by school district, estimated by the
algorithm in (b) of this subsection, and reported in the same manner as
required in (b) of this subsection;
(e) Improvement on the statewide assessments computed as both a
percentage change and absolute change on a scale score metric by
district, by school, and by teacher that can also be filtered by a
student's length of full-time enrollment within the school district;
(f) Number of K-12 students per classroom teacher on a per teacher
basis;
(g) Number of K-12 classroom teachers per student on a per student
basis;
(h) Percentage of a classroom teacher per student on a per student
basis; and
(i) The cost of K-12 education per student by school district
sorted by federal, state, and local dollars.
(6) The superintendent of public instruction shall submit a
preliminary report to the legislature by November 15, 2009, including
the analyses by the K-12 data governance group under subsection (3) of
this section and preliminary options for addressing identified gaps.
A final report, including a proposed phase-in plan and preliminary cost
estimates for implementation of a comprehensive data improvement system
for financial, student, and educator data shall be submitted to the
legislature by September 1, 2010.
(7) All reports and data referenced in this section and RCW
43.41.400 and 28A.655.210 shall be made available in a manner
consistent with the technical requirements of the legislative
evaluation and accountability program committee and the education data
center so that selected data can be provided to the legislature,
governor, school districts, and the public.
(8) Reports shall contain data to the extent it is available. All
reports must include documentation of which data are not available or
are estimated. Reports must not be suppressed because of poor data
accuracy or completeness. Reports may be accompanied with
documentation to inform the reader of why some data are missing or
inaccurate or estimated.
Sec. 244 RCW 28A.305.035 and 2006 c 263 s 103 are each amended to
read as follows:
(1) By October 15th of each even-numbered year, the state board of
education and the ((professional educator standards board))
superintendent of public instruction shall submit a joint report to the
legislative education committees((,)) and the governor((, and the
superintendent of public instruction)). The report shall address the
progress ((the boards have)) made and the obstacles ((they have))
encountered, individually and collectively, in the work of achieving
the goals in RCW 28A.150.210.
(2) The state board of education shall include the chairs and
ranking minority members of the legislative education committees in
board communications so that the legislature can be kept apprised of
the discussions and proposed actions of the board.
Sec. 245 RCW 28A.320.240 and 2006 c 263 s 914 are each amended to
read as follows:
(1) The purpose of this section is to identify quality criteria for
school library media programs that support the student learning goals
under RCW 28A.150.210, the essential academic learning requirements
under RCW 28A.655.070, and high school graduation requirements adopted
under RCW 28A.230.090.
(2) Every board of directors shall provide for the operation and
stocking of such libraries as the board deems necessary for the proper
education of the district's students or as otherwise required by law or
rule of the superintendent of public instruction.
(3) "Teacher-librarian" means a certified teacher with a library
media endorsement under rules adopted by the ((professional educator
standards board)) superintendent of public instruction.
(4) "School-library media program" means a school-based program
that is staffed by a certificated teacher-librarian and provides a
variety of resources that support student mastery of the essential
academic learning requirements in all subject areas and the
implementation of the district's school improvement plan.
(5) The teacher-librarian, through the school-library media
program, shall collaborate as an instructional partner to help all
students meet the content goals in all subject areas, and assist high
school students completing the culminating project and high school and
beyond plans required for graduation.
Sec. 246 RCW 28B.10.140 and 2005 c 497 s 217 are each amended to
read as follows:
The University of Washington, Washington State University, Central
Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College are each
authorized to train teachers and other personnel for whom teaching
certificates or special credentials prescribed by the ((Washington
professional educator standards board)) superintendent of public
instruction are required, for any grade, level, department, or position
of the public schools of the state.
Sec. 247 RCW 28B.10.710 and 2006 c 263 s 823 are each amended to
read as follows:
There shall be a one quarter or semester course in either
Washington state history and government, or Pacific Northwest history
and government in the curriculum of all teachers' colleges and
teachers' courses in all institutions of higher education. No person
shall be graduated from any of said schools without completing said
course of study, unless otherwise determined by the ((Washington
professional educator standards board)) superintendent of public
instruction. Any course in Washington state or Pacific Northwest
history and government used to fulfill this requirement shall include
information on the culture, history, and government of the American
Indian peoples who were the first human inhabitants of the state and
the region.
Sec. 248 RCW 28B.35.120 and 2006 c 263 s 824 are each amended to
read as follows:
In addition to any other powers and duties prescribed by law, each
board of trustees of the respective regional universities:
(1) Shall have full control of the regional university and its
property of various kinds, except as otherwise provided by law.
(2) Shall employ the president of the regional university, his
assistants, members of the faculty, and other employees of the
institution, who, except as otherwise provided by law, shall hold their
positions, until discharged therefrom by the board for good and lawful
reason.
(3) With the assistance of the faculty of the regional university,
shall prescribe the course of study in the various schools and
departments thereof and publish such catalogues thereof as the board
deems necessary: PROVIDED, That the ((Washington professional educator
standards board)) superintendent of public instruction shall determine
the requisites for and give program approval of all courses leading to
teacher certification by ((such board)) the superintendent.
(4) Establish such divisions, schools or departments necessary to
carry out the purposes of the regional university and not otherwise
proscribed by law.
(5) Except as otherwise provided by law, may establish and erect
such new facilities as determined by the board to be necessary for the
regional university.
(6) May acquire real and other property as provided in RCW
28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase all supplies
and purchase or lease equipment and other personal property needed for
the operation or maintenance of the regional university.
(8) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through
28B.10.330, as now or hereafter amended.
(9) Except as otherwise provided by law, to enter into such
contracts as the trustees deem essential to regional university
purposes.
(10) May receive such gifts, grants, conveyances, devises and
bequests of real or personal property from whatsoever source, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the regional university
programs; sell, lease or exchange, invest or expend the same or the
proceeds, rents, profits and income thereof except as limited by the
terms and conditions thereof; and adopt regulations to govern the
receipt and expenditure of the proceeds, rents, profits and income
thereof.
(11) Subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus
facilities.
(12) May promulgate such rules and regulations, and perform all
other acts not forbidden by law, as the board of trustees may in its
discretion deem necessary or appropriate to the administration of the
regional university.
Sec. 249 RCW 28B.40.120 and 2006 c 263 s 825 are each amended to
read as follows:
In addition to any other powers and duties prescribed by law, the
board of trustees of The Evergreen State College:
(1) Shall have full control of the state college and its property
of various kinds, except as otherwise provided by law.
(2) Shall employ the president of the state college, his
assistants, members of the faculty, and other employees of the
institution, who, except as otherwise provided by law, shall hold their
positions, until discharged therefrom by the board for good and lawful
reason.
(3) With the assistance of the faculty of the state college, shall
prescribe the course of study in the various schools and departments
thereof and publish such catalogues thereof as the board deems
necessary: PROVIDED, That the ((Washington professional educator
standards board)) superintendent of public instruction shall determine
the requisites for and give program approval of all courses leading to
teacher certification by ((such board)) the superintendent.
(4) Establish such divisions, schools or departments necessary to
carry out the purposes of the college and not otherwise proscribed by
law.
(5) Except as otherwise provided by law, may establish and erect
such new facilities as determined by the board to be necessary for the
college.
(6) May acquire real and other property as provided in RCW
28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase all supplies
and purchase or lease equipment and other personal property needed for
the operation or maintenance of the college.
(8) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through
28B.10.330, as now or hereafter amended.
(9) Except as otherwise provided by law, to enter into such
contracts as the trustees deem essential to college purposes.
(10) May receive such gifts, grants, conveyances, devises and
bequests of real or personal property from whatsoever source, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the college programs; sell,
lease or exchange, invest or expend the same or the proceeds, rents,
profits and income thereof except as limited by the terms and
conditions thereof; and adopt regulations to govern the receipt and
expenditure of the proceeds, rents, profits and income thereof.
(11) Subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus
facilities.
(12) May promulgate such rules and regulations, and perform all
other acts not forbidden by law, as the board of trustees may in its
discretion deem necessary or appropriate to the administration of the
college.
Sec. 250 RCW 28B.76.335 and 2010 c 235 s 507 are each amended to
read as follows:
As part of the state needs assessment process conducted by the
board in accordance with RCW 28B.76.230, the board shall, in
collaboration with the ((professional educator standards board))
superintendent of public instruction, assess the need for additional
degree and certificate programs in Washington that specialize in
teacher preparation to meet regional or subject area shortages. If the
board determines that there is a need for additional programs, then the
board shall encourage the appropriate institutions of higher education
or institutional sectors to create such a program.
Sec. 251 RCW 28B.102.040 and 2008 c 170 s 306 are each amended to
read as follows:
(1) The board may select participants based on an application
process conducted by the board or the board may utilize selection
processes for similar students in cooperation with ((the professional
educator standards board or)) the office of the superintendent of
public instruction.
(2) If the board selects participants for the program, it shall
establish a selection committee for screening and selecting recipients
of the conditional scholarships. The criteria shall emphasize factors
demonstrating excellence including but not limited to superior
scholastic achievement, leadership ability, community contributions,
bilingual ability, willingness to commit to providing teaching service
in shortage areas, and an ability to act as a role model for students.
Priority will be given to individuals seeking certification or an
additional endorsement in math, science, technology education,
agricultural education, business and marketing education, family and
consumer science education, or special education.
Sec. 252 RCW 43.41.400 and 2009 c 548 s 201 are each amended to
read as follows:
(1) An education data center shall be established in the office of
financial management. The education data center shall jointly, with
the legislative evaluation and accountability program committee,
conduct collaborative analyses of early learning, K-12, and higher
education programs and education issues across the P-20 system, which
includes the department of early learning, the superintendent of public
instruction, ((the professional educator standards board,)) the state
board of education, the state board for community and technical
colleges, the workforce training and education coordinating board, the
higher education coordinating board, public and private nonprofit four-year institutions of higher education, and the employment security
department. The education data center shall conduct collaborative
analyses under this section with the legislative evaluation and
accountability program committee and provide data electronically to the
legislative evaluation and accountability program committee, to the
extent permitted by state and federal confidentiality requirements.
The education data center shall be considered an authorized
representative of the state educational agencies in this section under
applicable federal and state statutes for purposes of accessing and
compiling student record data for research purposes.
(2) The education data center shall:
(a) In consultation with the legislative evaluation and
accountability program committee and the agencies and organizations
participating in the education data center, identify the critical
research and policy questions that are intended to be addressed by the
education data center and the data needed to address the questions;
(b) Coordinate with other state education agencies to compile and
analyze education data, including data on student demographics that is
disaggregated by distinct ethnic categories within racial subgroups,
and complete P-20 research projects;
(c) Collaborate with the legislative evaluation and accountability
program committee and the education and fiscal committees of the
legislature in identifying the data to be compiled and analyzed to
ensure that legislative interests are served;
(d) Annually provide to the K-12 data governance group a list of
data elements and data quality improvements that are necessary to
answer the research and policy questions identified by the education
data center and have been identified by the legislative committees in
(c) of this subsection. Within three months of receiving the list, the
K-12 data governance group shall develop and transmit to the education
data center a feasibility analysis of obtaining or improving the data,
including the steps required, estimated time frame, and the financial
and other resources that would be required. Based on the analysis, the
education data center shall submit, if necessary, a recommendation to
the legislature regarding any statutory changes or resources that would
be needed to collect or improve the data;
(e) Monitor and evaluate the education data collection systems of
the organizations and agencies represented in the education data center
ensuring that data systems are flexible, able to adapt to evolving
needs for information, and to the extent feasible and necessary,
include data that are needed to conduct the analyses and provide
answers to the research and policy questions identified in (a) of this
subsection;
(f) Track enrollment and outcomes through the public centralized
higher education enrollment system;
(g) Assist other state educational agencies' collaborative efforts
to develop a long-range enrollment plan for higher education including
estimates to meet demographic and workforce needs;
(h) Provide research that focuses on student transitions within and
among the early learning, K-12, and higher education sectors in the P-20 system; and
(i) Make recommendations to the legislature as necessary to help
ensure the goals and objectives of this section and RCW 28A.655.210 and
28A.300.507 are met.
(3) The department of early learning, superintendent of public
instruction, ((professional educator standards board,)) state board of
education, state board for community and technical colleges, workforce
training and education coordinating board, higher education
coordinating board, public four-year institutions of higher education,
and employment security department shall work with the education data
center to develop data-sharing and research agreements, consistent with
applicable security and confidentiality requirements, to facilitate the
work of the center. Private, nonprofit institutions of higher
education that provide programs of education beyond the high school
level leading at least to the baccalaureate degree and are accredited
by the Northwest association of schools and colleges or their peer
accreditation bodies may also develop data-sharing and research
agreements with the education data center, consistent with applicable
security and confidentiality requirements. The education data center
shall make data from collaborative analyses available to the education
agencies and institutions that contribute data to the education data
center to the extent allowed by federal and state security and
confidentiality requirements applicable to the data of each
contributing agency or institution.
Sec. 253 RCW 43.43.832 and 2007 c 387 s 10 are each amended to
read as follows:
(1) The legislature finds that businesses and organizations
providing services to children, developmentally disabled persons, and
vulnerable adults need adequate information to determine which
employees or licensees to hire or engage. The legislature further
finds that many developmentally disabled individuals and vulnerable
adults desire to hire their own employees directly and also need
adequate information to determine which employees or licensees to hire
or engage. Therefore, the Washington state patrol identification and
criminal history section shall disclose, upon the request of a business
or organization as defined in RCW 43.43.830, a developmentally disabled
person, or a vulnerable adult as defined in RCW 43.43.830 or his or her
guardian, an applicant's conviction record as defined in chapter 10.97
RCW.
(2) The legislature also finds that the ((Washington professional
educator standards board)) superintendent of public instruction may
request of the Washington state patrol criminal identification system
information regarding a certificate applicant's conviction record under
subsection (1) of this section.
(3) The legislature also finds that law enforcement agencies, the
office of the attorney general, prosecuting authorities, and the
department of social and health services may request this same
information to aid in the investigation and prosecution of child,
developmentally disabled person, and vulnerable adult abuse cases and
to protect children and adults from further incidents of abuse.
(4) The legislature further finds that the secretary of the
department of social and health services must establish rules and set
standards to require specific action when considering the information
listed in subsection (1) of this section, and when considering
additional information including but not limited to civil adjudication
proceedings as defined in RCW 43.43.830 and any out-of-state
equivalent, in the following circumstances:
(a) When considering persons for state employment in positions
directly responsible for the supervision, care, or treatment of
children, vulnerable adults, or individuals with mental illness or
developmental disabilities;
(b) When considering persons for state positions involving
unsupervised access to vulnerable adults to conduct comprehensive
assessments, financial eligibility determinations, licensing and
certification activities, investigations, surveys, or case management;
or for state positions otherwise required by federal law to meet
employment standards;
(c) When licensing agencies or facilities with individuals in
positions directly responsible for the care, supervision, or treatment
of children, developmentally disabled persons, or vulnerable adults,
including but not limited to agencies or facilities licensed under
chapter 74.15 or 18.51 RCW;
(d) When contracting with individuals or businesses or
organizations for the care, supervision, case management, or treatment
of children, developmentally disabled persons, or vulnerable adults,
including but not limited to services contracted for under chapter
18.20, ((18.48,)) 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A
RCW;
(e) When individual providers are paid by the state or providers
are paid by home care agencies to provide in-home services involving
unsupervised access to persons with physical, mental, or developmental
disabilities or mental illness, or to vulnerable adults as defined in
chapter 74.34 RCW, including but not limited to services provided under
chapter 74.39 or 74.39A RCW.
(5) The director of the department of early learning shall
investigate the conviction records, pending charges, and other
information including civil adjudication proceeding records of current
employees and of any person actively being considered for any position
with the department who will or may have unsupervised access to
children, or for state positions otherwise required by federal law to
meet employment standards. "Considered for any position" includes
decisions about (a) initial hiring, layoffs, reallocations, transfers,
promotions, or demotions, or (b) other decisions that result in an
individual being in a position that will or may have unsupervised
access to children as an employee, an intern, or a volunteer.
(6) The director of the department of early learning shall adopt
rules and investigate conviction records, pending charges, and other
information including civil adjudication proceeding records, in the
following circumstances:
(a) When licensing or certifying agencies with individuals in
positions that will or may have unsupervised access to children who are
in child day care, in early learning programs, or receiving early
childhood education services, including but not limited to licensees,
agency staff, interns, volunteers, contracted providers, and persons
living on the premises who are sixteen years of age or older;
(b) When authorizing individuals who will or may have unsupervised
access to children who are in child day care, in early learning
programs, or receiving early childhood learning education services in
licensed or certified agencies, including but not limited to licensees,
agency staff, interns, volunteers, contracted providers, and persons
living on the premises who are sixteen years of age or older;
(c) When contracting with any business or organization for
activities that will or may have unsupervised access to children who
are in child day care, in early learning programs, or receiving early
childhood learning education services;
(d) When establishing the eligibility criteria for individual
providers to receive state paid subsidies to provide child day care or
early learning services that will or may involve unsupervised access to
children.
(7) Whenever a state conviction record check is required by state
law, persons may be employed or engaged as volunteers or independent
contractors on a conditional basis pending completion of the state
background investigation. Whenever a national criminal record check
through the federal bureau of investigation is required by state law,
a person may be employed or engaged as a volunteer or independent
contractor on a conditional basis pending completion of the national
check. The Washington personnel resources board shall adopt rules to
accomplish the purposes of this subsection as it applies to state
employees.
(8)(a) For purposes of facilitating timely access to criminal
background information and to reasonably minimize the number of
requests made under this section, recognizing that certain health care
providers change employment frequently, health care facilities may,
upon request from another health care facility, share copies of
completed criminal background inquiry information.
(b) Completed criminal background inquiry information may be shared
by a willing health care facility only if the following conditions are
satisfied: The licensed health care facility sharing the criminal
background inquiry information is reasonably known to be the person's
most recent employer, no more than twelve months has elapsed from the
date the person was last employed at a licensed health care facility to
the date of their current employment application, and the criminal
background information is no more than two years old.
(c) If criminal background inquiry information is shared, the
health care facility employing the subject of the inquiry must require
the applicant to sign a disclosure statement indicating that there has
been no conviction or finding as described in RCW 43.43.842 since the
completion date of the most recent criminal background inquiry.
(d) Any health care facility that knows or has reason to believe
that an applicant has or may have a disqualifying conviction or finding
as described in RCW 43.43.842, subsequent to the completion date of
their most recent criminal background inquiry, shall be prohibited from
relying on the applicant's previous employer's criminal background
inquiry information. A new criminal background inquiry shall be
requested pursuant to RCW 43.43.830 through 43.43.842.
(e) Health care facilities that share criminal background inquiry
information shall be immune from any claim of defamation, invasion of
privacy, negligence, or any other claim in connection with any
dissemination of this information in accordance with this subsection.
(f) Health care facilities shall transmit and receive the criminal
background inquiry information in a manner that reasonably protects the
subject's rights to privacy and confidentiality.
(g) For the purposes of this subsection, "health care facility"
means a nursing home licensed under chapter 18.51 RCW, a boarding home
licensed under chapter 18.20 RCW, or an adult family home licensed
under chapter 70.128 RCW.
Sec. 254 RCW 43.43.845 and 2009 c 396 s 8 are each amended to
read as follows:
(1) Upon a guilty plea or conviction of a person of any felony
crime specified under RCW 28A.400.322, the prosecuting attorney shall
notify the state patrol of such guilty pleas or convictions.
(2) When the state patrol receives the notice required under
subsection (1) of this section, the state patrol shall transmit that
information to the superintendent of public instruction. It shall be
the duty of the superintendent of public instruction, on at least a
quarterly basis, to identify whether the person holds a certificate or
permit issued under chapters 28A.405 and 28A.410 RCW or is employed by
a school district, and provide this information to ((the Washington
professional educator standards board and)) the school district
employing the person.
Sec. 255 RCW 72.40.028 and 2009 c 381 s 7 are each amended to
read as follows:
All teachers employed by the Washington state center for childhood
deafness and hearing loss and the state school for the blind shall meet
all certification requirements and the programs shall meet all
accreditation requirements and conform to the standards defined by law
or by rule of the ((Washington professional educator standards board or
the office of the state)) superintendent of public instruction. The
superintendent of the school for the blind and the director of the
center for childhood deafness and hearing loss, by rule, may adopt
additional educational standards for their respective facilities.
Salaries of all certificated employees shall be set so as to conform to
and be contemporary with salaries paid to other certificated employees
of similar background and experience in the school district in which
the program or facility is located. The superintendent of the school
for the blind and the director of the center for childhood deafness and
hearing loss may provide for provisional certification for teachers in
their respective facilities including certification for emergency,
temporary, substitute, or provisional duty.
Sec. 256 RCW 18.35.020 and 2006 c 263 s 801 are each amended to
read as follows:
(1) No person shall engage in the fitting and dispensing of hearing
instruments or imply or represent that he or she is engaged in the
fitting and dispensing of hearing instruments unless he or she is a
licensed hearing instrument fitter/dispenser or a licensed audiologist
or holds an interim permit issued by the department as provided in this
chapter and is an owner or employee of an establishment that is bonded
as provided by RCW 18.35.240. The owner or manager of an establishment
that dispenses hearing instruments is responsible under this chapter
for all transactions made in the establishment name or conducted on its
premises by agents or persons employed by the establishment engaged in
fitting and dispensing of hearing instruments. Every establishment
that fits and dispenses shall have in its employ at least one licensed
hearing instrument fitter/dispenser or licensed audiologist at all
times, and shall annually submit proof that all testing equipment at
that establishment that is required by the board to be calibrated has
been properly calibrated.
(2) Effective January 1, 2003, no person shall engage in the
practice of audiology or imply or represent that he or she is engaged
in the practice of audiology unless he or she is a licensed audiologist
or holds an audiology interim permit issued by the department as
provided in this chapter. Audiologists who are certified as
educational staff associates by the ((Washington professional educator
standards board)) superintendent of public instruction are excluded
unless they elect to become licensed under this chapter. However, a
person certified by the ((state board of education)) superintendent of
public instruction as an educational staff associate who practices
outside the school setting must be a licensed audiologist.
(3) Effective January 1, 2003, no person shall engage in the
practice of speech-language pathology or imply or represent that he or
she is engaged in the practice of speech-language pathology unless he
or she is a licensed speech-language pathologist or holds a speech-language pathology interim permit issued by the department as provided
in this chapter. Speech-language pathologists who are certified as
educational staff associates by the ((state board of education))
superintendent of public instruction are excluded unless they elect to
become licensed under this chapter. However, a person certified by the
((state board of education)) superintendent of public instruction as an
educational staff associate who practices outside the school setting
must be a licensed speech-language pathologist.
Sec. 257 RCW 18.35.195 and 2006 c 263 s 802 are each amended to
read as follows:
(1) This chapter shall not apply to military or federal government
employees.
(2) This chapter does not prohibit or regulate:
(a) Fitting or dispensing by students enrolled in a board-approved
program who are directly supervised by a licensed hearing instrument
fitter/dispenser, a licensed audiologist under the provisions of this
chapter, or an instructor at a two-year hearing instrument
fitter/dispenser degree program that is approved by the board;
(b) Hearing instrument fitter/dispensers, speech-language
pathologists, or audiologists of other states, territories, or
countries, or the District of Columbia while appearing as clinicians of
bona fide educational seminars sponsored by speech-language pathology,
audiology, hearing instrument fitter/dispenser, medical, or other
healing art professional associations so long as such activities do not
go beyond the scope of practice defined by this chapter; and
(c) The practice of audiology or speech-language pathology by
persons certified by the ((Washington professional educator standards
board)) superintendent of public instruction as educational staff
associates, except for those persons electing to be licensed under this
chapter. However, a person certified by the ((board)) superintendent
of public instruction as an educational staff associate who practices
outside the school setting must be a licensed audiologist or licensed
speech-language pathologist.
Sec. 258 RCW 18.83.200 and 2006 c 263 s 803 are each amended to
read as follows:
This chapter shall not apply to:
(1) Any person teaching, lecturing, consulting, or engaging in
research in psychology but only insofar as such activities are
performed as a part of or are dependent upon a position in a college or
university in the state of Washington.
(2) Any person who holds a valid school psychologist credential
from the ((Washington professional educator standards board))
superintendent of public instruction but only when such a person is
practicing psychology in the course of his or her employment.
(3) Any person employed by a local, state, or federal government
agency whose psychologists must qualify for employment under federal or
state certification or civil service regulations; but only at those
times when that person is carrying out the functions of his or her
employment.
(4) Any person who must qualify under the employment requirements
of a business or industry and who is employed by a business or industry
which is not engaged in offering psychological services to the public,
but only when such person is carrying out the functions of his or her
employment: PROVIDED, That no person exempt from licensing under this
subsection shall engage in the clinical practice of psychology.
(5) Any person who is a student of psychology, psychological
intern, or resident in psychology preparing for the profession of
psychology under supervision in a training institution or facilities
and who is designated by the title such as "psychological trainee,"
"psychology student," which thereby indicates his or her training
status.
(6) Any person who has received a doctoral degree from an
accredited institution of higher learning with an adequate major in
sociology or social psychology as determined by the board and who has
passed comprehensive examinations in the field of social psychology as
part of the requirements for the doctoral degree. Such persons may use
the title "social psychologist" provided that they file a statement of
their education with the board.
Sec. 259 RCW 18.118.010 and 2005 c 497 s 218 are each amended to
read as follows:
(1) The purpose of this chapter is to establish guidelines for the
regulation of the real estate profession and other business professions
which may seek legislation to substantially increase their scope of
practice or the level of regulation of the profession, and for the
regulation of business professions not licensed or regulated on July
26, 1987: PROVIDED, That the provisions of this chapter are not
intended and shall not be construed to: (a) Apply to any regulatory
entity created prior to July 26, 1987, except as provided in this
chapter; (b) affect the powers and responsibilities of the
superintendent of public instruction ((or Washington professional
educator standards board)) under RCW 28A.410.210 and 28A.410.010; (c)
apply to or interfere in any way with the practice of religion or to
any kind of treatment by prayer; (d) apply to any remedial or technical
amendments to any statutes which licensed or regulated activity before
July 26, 1987; and (e) apply to proposals relating solely to continuing
education. The legislature believes that all individuals should be
permitted to enter into a business profession unless there is an
overwhelming need for the state to protect the interests of the public
by restricting entry into the profession. Where such a need is
identified, the regulation adopted by the state should be set at the
least restrictive level consistent with the public interest to be
protected.
(2) It is the intent of this chapter that no regulation shall be
imposed upon any business profession except for the exclusive purpose
of protecting the public interest. All bills introduced in the
legislature to regulate a business profession for the first time should
be reviewed according to the following criteria. A business profession
should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health,
safety, or welfare of the public, and the potential for the harm is
easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to benefit from
an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other means in a
more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this section
and considering governmental and societal costs and benefits, if the
legislature finds that it is necessary to regulate a business
profession not previously regulated by law, the least restrictive
alternative method of regulation should be implemented, consistent with
the public interest and this section:
(a) Where existing common law and statutory civil actions and
criminal prohibitions are not sufficient to eradicate existing harm,
the regulation should provide for stricter civil actions and criminal
prosecutions;
(b) Where a service is being performed for individuals involving a
hazard to the public health, safety, or welfare, the regulation should
impose inspection requirements and enable an appropriate state agency
to enforce violations by injunctive relief in court, including, but not
limited to, regulation of the business activity providing the service
rather than the employees of the business;
(c) Where the threat to the public health, safety, or economic
well-being is relatively small as a result of the operation of the
business profession, the regulation should implement a system of
registration;
(d) Where the consumer may have a substantial basis for relying on
the services of a practitioner, the regulation should implement a
system of certification; or
(e) Where apparent that adequate regulation cannot be achieved by
means other than licensing, the regulation should implement a system of
licensing.
Sec. 260 RCW 18.120.010 and 2005 c 497 s 219 are each amended to
read as follows:
(1) The purpose of this chapter is to establish guidelines for the
regulation of health professions not licensed or regulated prior to
July 24, 1983, and those licensed or regulated health professions which
seek to substantially increase their scope of practice: PROVIDED, That
the provisions of this chapter are not intended and shall not be
construed to: (a) Apply to any regulatory entity created prior to July
24, 1983, except as provided in this chapter; (b) affect the powers and
responsibilities of the superintendent of public instruction ((or
Washington professional educator standards board)) under RCW
28A.410.210 and 28A.410.010; (c) apply to or interfere in any way with
the practice of religion or to any kind of treatment by prayer; and (d)
apply to any remedial or technical amendments to any statutes which
licensed or regulated activity before July 24, 1983. The legislature
believes that all individuals should be permitted to enter into a
health profession unless there is an overwhelming need for the state to
protect the interests of the public by restricting entry into the
profession. Where such a need is identified, the regulation adopted by
the state should be set at the least restrictive level consistent with
the public interest to be protected.
(2) It is the intent of this chapter that no regulation shall,
after July 24, 1983, be imposed upon any health profession except for
the exclusive purpose of protecting the public interest. All bills
introduced in the legislature to regulate a health profession for the
first time should be reviewed according to the following criteria. A
health profession should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health,
safety, or welfare of the public, and the potential for the harm is
easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to benefit from
an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other means in a
more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this section
and considering governmental and societal costs and benefits, if the
legislature finds that it is necessary to regulate a health profession
not previously regulated by law, the least restrictive alternative
method of regulation should be implemented, consistent with the public
interest and this section:
(a) Where existing common law and statutory civil actions and
criminal prohibitions are not sufficient to eradicate existing harm,
the regulation should provide for stricter civil actions and criminal
prosecutions;
(b) Where a service is being performed for individuals involving a
hazard to the public health, safety, or welfare, the regulation should
impose inspection requirements and enable an appropriate state agency
to enforce violations by injunctive relief in court, including, but not
limited to, regulation of the business activity providing the service
rather than the employees of the business;
(c) Where the threat to the public health, safety, or economic
well-being is relatively small as a result of the operation of the
health profession, the regulation should implement a system of
registration;
(d) Where the consumer may have a substantial basis for relying on
the services of a practitioner, the regulation should implement a
system of certification; or
(e) Where apparent that adequate regulation cannot be achieved by
means other than licensing, the regulation should implement a system of
licensing.
NEW SECTION. Sec. 261 The following acts or parts of acts are
each repealed:
(1) RCW 28A.300.050 (Assistance to professional educator standards
board for activities involving professional educator excellence) and
2006 c 263 s 819, 1990 c 33 s 252, & 1987 c 525 s 227;
(2) RCW 28A.410.200 (Washington professional educator standards
board -- Creation -- Membership -- Executive director) and 2009 c 531 s 2,
2005 c 497 s 202, 2003 1st sp.s. c 22 s 1, 2002 c 92 s 1, & 2000 c 39
s 102; and
(3) RCW 28A.410.250 (Washington professional educator standards
board -- Professional certification -- Rules) and 2005 c 498 s 2.
Sec. 301 RCW 28A.345.020 and 1969 ex.s. c 223 s 28A.61.020 are
each amended to read as follows:
The membership of the school directors' association ((shall)) may
comprise the members of the boards of directors of the school districts
of the state.
Sec. 302 RCW 28A.345.050 and 1983 c 187 s 2 are each amended to
read as follows:
The school directors' association may establish a graduated
schedule of dues for members of the association based upon the number
of certificated personnel in each district. Dues shall be established
for the directors of each district as a group. The total of all dues
assessed shall not exceed twenty-seven cents for each one thousand
dollars of the statewide total of all school districts' general fund
receipts. The board of directors of a school district shall make
provision for payment out of the general fund of the district of the
dues of association members resident in the district, which payment
shall be made in the manner provided by law for the payment of other
claims against the general fund of the district. The dues for each
member school district shall be due and payable on the first day of
January of each year.
NEW SECTION. Sec. 401 Section 235 of this act expires September
1, 2011.
NEW SECTION. Sec. 402 Section 236 of this act takes effect
September 1, 2011.