WSR 98-01-202

PROPOSED RULES

STATE BOARD OF EDUCATION

[Filed December 23, 1997, 4:51 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-22-105.

Title of Rule: WAC 180-79A-117 Uniform expiration date and 180-85-100 Calculation of lapse dates.

Purpose: To change the uniform expiration date for educator certificates from August 31 to June 30.

Statutory Authority for Adoption: RCW 28A.410.010.

Summary: This amendment would change the uniform expiration date for educator certificates from August 31 to June 30.

Reasons Supporting Proposal: This would be less disruptive to the opening of the school year.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See above.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not applicable.

Hearing Location: Educational Service District 113, 601 McPhee Road S.W., Olympia, WA 98502, on January 28, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by January 14, 1998, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, FAX (360) 586-2357, by January 14, 1998.

Date of Intended Adoption: January 29, 1998.

December 23, 1997

Larry Davis

Executive Director

AMENDATORY SECTION (Amending WSR 97-04-088, filed 2/5/97, effective 3/8/97)

WAC 180-79A-117 Uniform expiration date. (1) All certificates issued for one or more stated years shall expire on ((August 31)) June 30 of the stated year and shall be calculated as follows:

(((1))) (a) Certificates issued prior to ((October 1)) June 30 of a calendar year shall have the expiration date of the certificate calculated on the basis such certificate was issued on ((September 1)) June 30 of the same calendar year regardless of the date of issuance.

(((2))) (b) Certificates issued ((October 1)) July 1 or later in the calendar year, other than limited certificates issued pursuant to WAC 180-79A-230, shall have the expiration date of the certificate calculated on the basis such certificate was issued on ((September 1)) June 30 of the next calendar year regardless of the date of issuance.

(((3))) (c) All ((such)) valid existing certificates ((issued prior to the effective date of this section and)) scheduled to expire ((prior to)) on August 31 of a given year((, regardless of such stated expiration date,)) shall be valid until ((August 31)) June 30 of the ((stated)) following year ((of expiration)).

(2) An applicant who holds a valid certificate, who submits an application for further certification prior to the expiration date of that certificate, and who meets all the requirements of WAC 180-79A-225, shall be granted a one hundred eighty-day permit as provided in WAC 180-79A-225.

[Statutory Authority: RCW 28A.410.010. 97-04-088, 180-79A-117, filed 2/5/97, effective 3/8/97.]

AMENDATORY SECTION (Amending WSR 90-12-076, filed 6/1/90, effective 7/2/90)

WAC 180-85-100 Calculation of lapse dates. The lapse dates of certificates affected by this chapter shall be calculated as follows:

(1) Certificates issued prior to ((October 1)) June 30 of a ((given)) calendar year shall have ((a)) the lapse date of ((August 31 of the subsequent fifth)) the certificate calculated on the basis such certificate was issued on June 30 of the same calendar year ((and of each fifth calendar year thereafter)) regardless of the date of issuance.

(2) Certificates issued ((on or after October 1 of a given)) July 1 or later in the calendar year shall have ((a)) the lapse date of ((August 31 of the subsequent sixth)) the certificate calculated on the basis that such certificate was issued on June 30 of the next calendar year ((and of each fifth calendar year thereafter)) regardless of the date of issuance.

(3) If a holder of an affected professional certificate qualifies for a different affected professional certificate--e.g., a holder of a continuing teaching certificate who subsequently qualifies for a continuing administrative certificate--the lapse dates of the new affected professional certificate shall be the same as provided on the first affected ((professional)) certificate.

(4) ((If a holder of a certificate, issued prior to the effective date of the 1990 amendments to this section, has a lapse date of June 30 the certificate is hereby extended to August 31 of the same year without reissuance of the certificate.)) All valid continuing certificates scheduled to lapse on August 31 of a given year shall be valid until June 30 of the following year.