Code of Professional Conduct.  The Professional Educator Standards Board (PESB) is a statutorily created 12-member board whose duties include establishment and enforcement of rules determining eligibility for and certification of professional educators, such as teachers, administrators, and educational staff associates working in public schools.  The Superintendent of Public Instruction (SPI) is the administrator of these such rules and has the power to issue and revoke certificates in accordance with the PESB rules.

The Code of Professional Conduct are the PESB's rules for reprimand, suspension, and revocation actions related to certificated professional educators.  A reprimand orders the certificate holder not to continue or repeat the unprofessional conduct or lack of good moral character or personal fitness that the certificate holder was found to have committed.  The SPI may issue a reprimand order whenever the SPI determines that the certificated professional educator has:

• admitted the commission of an act of unprofessional conduct or lack of good moral character or personal fitness and has presented to the SPI an agreed order to not continue or repeat the conduct described in the findings of fact;
• committed an act of unprofessional conduct but the evidence is probably insufficient to meet the clear and convincing proof standard for suspension or revocation; or
• committed an act of unprofessional conduct but the violation and the consequence were not serious and the interest of the state in protecting the health, safety, and general welfare of students, colleagues, and other affected persons is adequately served by a reprimand.

If a reprimand order is issued, the certificated professional educator may appeal to an informal review committee or to an Administrative Law Judge.  Final disciplinary actions remain on a professional educator's record permanently and are available through public disclosure requests.

Report on Educator Professional Practice in Washington.  In 2020, as directed by legislation enacted in 2019, the Office of the Superintendent of Public Instruction and the Professional Educator Standards Board (PESB) submitted a report to the Legislature regarding the effect that discipline issued against professional educator certificates has on the recruitment and retention of educators in Washington.  The legislation specifically required the report to include a recommendation regarding whether the PESB should be authorized to establish a process for review and expungement of reprimands issued against educator certifications.

The report recommends that the PESB be provided the authority to "vacate," rather than "expunge" reprimands.  The report indicates that there is no definition of "expunge" within the Code of Professional Conduct, but that Washington courts use this term to mean the destruction of a record or file in such a way as to make it permanently irretrievable.  The report instead suggests creation of a process to "vacate," meaning cancel or render null and void, reprimands. The report also recommends considering conversion of a reprimand to a letter of concern, or vacating a reprimand, after certain conditions are met or a certain amount of time had passed.

By December 1, 2023, the Professional Educator Standards Board (PESB) must adopt rules providing for reviewing and vacating reprimands issued to certificated professional educators.  The PESB must convene a work group to make recommendations on rules for reviewing and vacating reprimands.  At a minimum, the work group must include representatives of the following organizations or agencies:  the Office of the Superintendent of Public Instruction; a state association of teachers and other public educators; a state association of school principals; a state association of school administrators; an association of educational service districts; a state association of school personnel; an organization representing educators of color; a community-based organization representing communities of color; an organization representing parents of students enrolled in the public school system; and the Washington State School Directors' Association.