Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-15-050.

     Title of Rule and Other Identifying Information: WAC 180-79A-123 Certificates -- Previous standards, 180-79A-130 Fee for certification, and 180-79A-250 Initial/residency and continuing/professional certificates -- Renewal, reinstatement, and continuing education requirements.

     Hearing Location(s): Educational Service District 113, 601 McPhee Road S.W., Olympia, WA 98502-5080, on October 27, 2005, at 8:30 a.m.

     Date of Intended Adoption: October 28, 2005.

     Submit Written Comments to: Larry Davis, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail ldavis@ospi.wednet.edu, fax (360) 586-2357, by October 13, 2005.

     Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by October 13, 2005, TTY (360) 664-3631, or (360) 725-6025.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendments to these rules will make it possible for administrators and educational staff associates to obtain the continuing certificate in specific situations when their initial certificate has expired by paying a $100 late fee.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: RCW 28A.410.010.

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

     Name of Proponent: State Board of Education, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, Washington, (360) 725-6025.

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

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

September 19, 2005

Larry Davis

Executive Director

OTS-8366.1

AMENDATORY SECTION(Amending WSR 05-15-050, filed 7/12/05, effective 8/12/05)

WAC 180-79A-123   Certificates -- Previous standards.   (1) Certificates issued under previous standards which were issued for a specific term shall continue to be effective for that term.

     (2) Certificates issued under previous standards which were issued for an indefinite period shall continue to be in effect.

     (3) All persons who hold any standard teacher, administrator, or specialized personnel certificate issued under previous standards of the state board of education shall be issued a continuing certificate at such time as it is necessary for them to reissue a standard certificate or on application and payment of the fee as specified in WAC 180-79A-130.

     (4) Any person who holds a provisional principal's or provisional superintendent's certificate under previous standards of the state board of education shall be issued upon application, including payment of applicable fees, continuing administrative for the appropriate role and such certificates shall be subject to the continuing education requirements of chapter 180-85 WAC.

     (5) Any person holding a provisional certificate as a school nurse under provisions of chapter 180-84 WAC shall be granted a continuing certificate.

     (6) All persons who hold a valid initial certificate granted under previous standards of the state board of education shall be authorized to meet requirements for continuing certification as set forth in the relevant previous standards except as noted below in subsections (7), (8) or (9) of this section.

     (7) Any person with a valid initial teacher's certificate granted under previous standards of the state board of education may renew that certificate once after August 31, 2000. The individual shall meet requirements for and apply for the continuing certificate by the expiration date on the renewed certificate or meet requirements for the residency certificate for further certification: Provided, That any person who qualified for initial renewal or continuing certificate under the provisions of WAC 180-79A-250 (1)(a) prior to their expiration date, but whose initial certificate expired after August 31, 2000, because they applied for certification too late, may apply once for such renewal or continuing certificate and will be issued such certificate.

     (8) Any person with a valid initial administrator certificate granted under previous standards of the state board of education shall meet requirements for and apply for the continuing certificate by the expiration date on the initial certificate or meet requirements for the residency certificate for further certification: Provided, That any person who qualified for a continuing certificate under the provisions of WAC 180-79A-250 (1)(b) prior to their expiration date, but whose initial certificate expired after June 30, 2004, because they applied for certification too late, may apply for such continuing certificate and will be issued such certificate.

     (9) Any person with a valid initial ESA certificate granted under previous standards of the state board of education shall meet requirements for and apply for the continuing certificate by the expiration date on the initial certificate or meet requirements for the residency certificate for further certification: Provided, That any person who qualified for a continuing certificate under the provisions of WAC 180-79A-250 (1)(c) prior to their expiration date, but whose initial certificate expired after June 30, 2005, because they applied for certification too late, may apply for such continuing certificate and will be issued such certificate.

[Statutory Authority: RCW 28A.410.010. 05-15-050, § 180-79A-123, filed 7/12/05, effective 8/12/05; 00-09-048, § 180-79A-123, filed 4/14/00, effective 5/15/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, § 180-79A-123, filed 12/23/98, effective 1/23/99.]

OTS-8367.1

AMENDATORY SECTION(Amending WSR 05-15-024, filed 7/7/05, effective 8/7/05)

WAC 180-79A-130   Fee for certification.   (1) In accordance with provisions of RCW 28A.410.060 and 28A.415.010, the fee for certificates which are valid for more than one year, issued by authority of the state of Washington and authorizing the holder to serve in the common schools of the state, shall be as follows:

     (a) The first issue of the residency certificate, thirty-five dollars;

     (b) The continuing certificate, seventy dollars;

     (c) The reinstatement, additional endorsement on the teaching certificate, duplicate certificates, substitute certificates, and certificates issued for the purpose of showing a name change, fifteen dollars; and

     (d) Any other certificate or credential or any renewal thereof, five dollars for each year of validity:

     (e) Provided, That the fee for all career and technical education certificates shall be one dollar:

     (f) Provided, That a one-time late fee for a renewed initial or continuing certificate issued under the provisions of WAC 180-79A-123 (7), (8), or (9) for those whose initial certificate had already expired shall be one hundred dollars.

     (2) The fee for any other certificate/credential, or for any renewal thereof, issued by the authority of the state of Washington and authorizing the holder to serve in the common schools of the state, shall be five dollars.

     (3) Officials authorized to collect certification fees are educational service district superintendents, local school district superintendents, deans and directors of education at colleges and universities, or their designees. The fee must accompany the application for a certificate and shall be transmitted by the receiving district, college or university, or program unit designee at least quarterly to the educational service district within which the application is filed for disposition in accordance with provisions of RCW 28A.410.060. The fee shall not be refunded unless the application is withdrawn before it is finally considered (i.e., the issuance of a certificate or a written communication denying such issuance) by the superintendent of public instruction or his or her designee. Fees not refunded shall apply as credit toward certificate fees if such applicant reapplies within twenty-four months of the date of denial. Moneys accrued from certification fees within the boundaries of an educational service district shall be divided in the following manner:

     (a) Local school districts employing more than one hundred teachers and other professional staff and collecting certification fees may retain one dollar of each fee in order to hold a professional training institute. If such district does not hold an institute, all such moneys shall be placed to the credit of the educational service district.

     (b) No less than fifty percent of the funds accruing within the boundaries of an educational service district shall be used to support program activities related to statewide precertification professional preparation and evaluation.

     (c) The remaining funds shall be used to support professional in-service training programs and evaluations thereof.

     (d) Use of certification fees described in this section shall be reported annually to the state board of education pursuant to WAC 180-79A-131(5).

[Statutory Authority: RCW 28A.410.010 and 28A.305.130. 05-15-024, § 180-79A-130, filed 7/7/05, effective 8/7/05. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) through (4). 02-04-018, § 180-79A-130, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 28A.410.010. 01-09-005, § 180-79A-130, filed 4/5/01, effective 5/6/01; 00-03-048, § 180-79A-130, filed 1/14/00, effective 2/14/00; 97-04-088, § 180-79A-130, filed 2/5/97, effective 3/8/97.]

OTS-8368.1

AMENDATORY SECTION(Amending WSR 05-15-053, filed 7/12/05, effective 8/12/05)

WAC 180-79A-250   Initial/residency and continuing/professional certificates -- Renewal, reinstatement, and continuing education requirements.   The following shall apply to initial/residency and continuing/professional certificates issued pursuant to this chapter:

     (1) Initial certificate.

     (a) Teachers.

     An initial teacher certificate may be renewed for an additional three-year period on application and verification that the individual has completed all course work requirements from a regionally accredited institution of higher education as defined in WAC 180-78A-010(6) for continuing certification or has completed at least fifteen quarter credit hours (ten semester credit hours) since the certificate was issued or renewed. After August 31, 2000, provisions of WAC 180-79A-123 will apply.

     (b) Administrators.

     After June 30, 2004, provisions of WAC 180-79A-123(8) will apply.

     (c) Educational staff associates.

     After June 30, 2005, provisions of WAC 180-79A-123(9) will apply.

     (2) Residency certificate. Residency certificates shall be renewed under one of the following options:

     (a) Teachers.

     (i) Individuals who hold, or have held, a residency certificate and who qualify for enrollment in a professional certificate program pursuant to WAC 180-78A-535 (1)(a) may have the certificate renewed for one additional two-year period upon verification by the professional certificate administrator that the candidate is enrolled in a state approved professional certificate program.

     (ii) Individuals who hold, or have held, residency certificates who do not qualify for enrollment in a professional certificate program pursuant to WAC 180-78A-535 (1)(a) may have their residency certificates renewed for one additional five-year period by the completion of fifteen quarter credits (ten semester credits) of college credit course work (normally one hundred level or higher) from a regionally accredited institution of higher education taken since the issuance of the residency certificate.

     (iii) An individual who completes a national board certification assessment but does not earn national board certification, may use that completed assessment to renew the residency certificate for two years.

     (iv) Individuals who complete the requirements in their school district professional growth plan may use that completed plan to maintain the continuing certificate or renew the professional certificate.

     (b) Principals/program administrators.

     (i) Individuals who hold, or have held, a residency certificate and who qualify for enrollment in a professional certificate program pursuant to WAC 180-78A-535 (2)(a) may have the certificate renewed for one additional two-year period upon verification by the professional certificate program administrator that the candidate is enrolled in a state approved professional certificate program.

     (ii) Individuals who hold, or have held, residency certificates who do not qualify for enrollment in a professional certificate program under WAC 180-78A-535 (2)(a) may have their residency certificates renewed for one additional five-year period by the completion of fifteen quarter credits (ten semester credits) of college credit course work, directly related to the current performance-based leadership standards as defined in WAC 180-78A-270 (2)(b) from a regionally accredited institution of higher education taken since the issuance of the residency certificate. Renewal beyond one time requires the completion of fifteen quarter credits (ten semester credits) directly related to the current performance-based leadership standards as defined in WAC 180-78A-270 (2)(b) plus an internship approved by a college or university with a state board approved residency certificate program and taken since the issuance of the last residency certificate.

     (c) School counselors, school psychologists, or school social workers.

     (i) Individuals who hold a residency certificate and who qualify for enrollment in a professional certificate program pursuant to WAC 180-78A-535(3) may have the certificate renewed for one additional two-year period upon verification by the professional certificate program administrator that the candidate is enrolled in a state approved professional certificate program.

     (ii) Individuals who hold, or have held, a residency certificate who do not qualify for admission to a professional certificate program under WAC 180-78A-535 (3)(a) may have their residency certificates renewed for one additional five-year period by the completion of fifteen quarter credits (ten semester credits) of college credit course work, directly related to the current performance-based standards as defined in WAC 180-78A-270 (5), (7), or (9) from a regionally accredited institution of higher education taken since the issuance of the residency certificate. Renewal for an additional five-year period requires the completion of fifteen quarter credits (ten semester credits) directly related to the current performance-based standards as defined in WAC 180-78A-270 (5), (7), or (9) completed since the issuance of the most recent residency certificate plus an internship approved by a college or university with a state board approved residency certificate program and taken since the issuance of the last residency certificate.

     (d) Renewals based on conditions other than those described in WAC 180-79A-250 (2)(a) and (b) may be appealed to the state board of education, or its designated appeals committee. The following conditions apply to such appeals:

     (i) Individuals who appeal shall present a rationale and evidence to support their request to have their residency certificates renewed.

     (ii) The state board of education, or its designated appeals committee, in making its decision shall determine the length of the renewal and may establish specific conditions (such as course work requirements) as prerequisites for the reissuance of the residency certificate.

     (3) Continuing certificate.

     (a) The continuing certificates of holders who were eligible for such certificates prior to August 31, 1987, and who applied for such certificates prior to July 1, 1988, or who would have been eligible for such certificates prior to August 31, 1987, but for one of the three-year experience requirement and who complete such requirement and apply for such certificate prior to August 31, 1988, will be valid for life. Holders of valid continuing certificates affected by this subsection shall be entitled to have such certificate reissued and subject to the terms and conditions applicable to certification at the time of reissuance including the continuing education requirements of chapter 180-85 WAC.

     (b) All continuing certificates not affected by the exception stated in (a) of this subsection shall lapse if the holder does not complete the continuing education requirement, to include the filing requirement specified in chapter 180-85 WAC. To reinstate such a lapsed continuing certificate the individual must complete the requirements for reinstatement stated within chapter 180-85 WAC and must meet the conditions stated in WAC 180-79A-253.

     (4) Professional certificate.

     (a) Teachers.

     (i) A valid professional certificate may be renewed for additional five year periods by the completion of one hundred fifty continuing education credit hours as defined in chapter 180-85 WAC since the certificate was issued. An expired professional certificate may be renewed for an additional five-year period by presenting evidence to the superintendent of public instruction of completing the continuing education credit hour requirement within the five years prior to the date of the renewal application. All continuing education credit hours shall relate to either (a)(i)(A) or (B) of this subsection: Provided, That both categories (a)(i)(A) and (B) of this subsection must be represented in the one hundred fifty continuing education credit hours required for renewal:

     (A) One or more of the following three standards outlined in WAC 180-78A-540:

     (I) Effective instruction.

     (II) Professional contributions.

     (III) Professional development.

     (B) One of the salary criteria specified in RCW 28A.415.023.

     (I) Is consistent with a school-based plan for mastery of student learning goals as referenced in RCW 28A.320.205, the annual school performance report, for the school in which the individual is assigned;

     (II) Pertains to the individual's current assignment or expected assignment for the subsequent school year;

     (III) Is necessary to obtain an endorsement as prescribed by the state board of education;

     (IV) Is specifically required to obtain advanced levels of certification; or

     (V) Is included in a college or university degree program that pertains to the individual's current assignment, or potential future assignment, as a certified instructional staff.

     (ii) Provided, That a professional certificate may be renewed based on the possession of a valid teaching certificate issued by the National Board for Professional Teaching Standards at the time of application for the renewal of the professional certificate. Such renewal shall be valid for five years or until the expiration of the National Board Certificate, whichever is greater.

     (b) Principals/program administrators.

     (i) A professional certificate may be renewed for additional five year periods for individuals employed as a principal, assistant principal or program administrator in a public school or state board approved private school by:

     (A) Completion of a professional growth plan that is developed and approved with the superintendent, superintendent designee, or appointed representative (e.g., educational service district personnel, professional association or organization staff, or peer from another district), and that documents formalized learning opportunities and professional development activities that:

     (I) Emphasize continuous learning;

     (II) Positively impact student learning;

     (III) Relate to the six standards and "career level" benchmarks defined in WAC 180-78A-270 (2)(b);

     (IV) Explicitly connect to the evaluation process;

     (V) Reflect contributions to the school, district, and greater professional community; and

     (VI) Identify areas in which knowledge and skills need to be enhanced.

     (B) Verification of satisfactory performance evaluations for the five year periods; and

     (C) Documented evidence of results of the professional growth plan on student learning.

     (ii) Individuals not employed as a principal, assistant principal, or program administrator in a public school or state board approved private school may have their professional certificate renewed for one additional five-year period by the completion of fifteen quarter credits (ten semester credits) of college credit course work directly related to the current performance-based leadership standards as defined in WAC 180-78A-270 (2)(b) from a regionally accredited institution of higher education taken since the issuance of the professional certificate. Renewal beyond one time requires the completion of fifteen quarter credits (ten semester credits) directly related to the current performance-based leadership standards as defined in WAC 180-78A-270 (2)(b) plus an internship approved by a college or university with a state board approved professional certificate program, and taken since the issuance of the last professional certificate.

     (c) School counselors, school psychologists, or school social workers.

     (i) A professional certificate may be renewed for additional five-year periods for individuals employed as a school counselor, school psychologist, or school social worker in a public school, state board approved private school, or in a state agency which provides educational services to students by:

     (A) Completion of a professional growth plan that is developed and approved with the principal or principal designee, and that documents formalized learning opportunities and professional development activities that:

     (I) Emphasize continuous learning;

     (II) Positively impact student learning; and

     (III) Reflect contributions to the school, district, and greater professional community; or

     (B) Completion of one hundred fifty continuing education credit hours as defined in chapter 180-85 WAC since the certificate was issued and which relate to the current performance-based standards as defined in WAC 180-78A-270 (5), (7), or (9).

     (ii) Individuals not employed as a school counselor, school psychologist, or a school social worker in a public school or state board approved private school may have their professional certificate renewed for an additional five-year period by:

     (A) Completion of fifteen quarter credits (ten semester credits) of college credit course work directly related to the current performance-based standards as defined in WAC 180-78A-270 (5), (7), or (9) from a regionally accredited institution of higher education taken since the issuance of the professional certificate; or

     (B) Completion of one hundred fifty continuing education credit hours as defined in chapter 180-85 WAC since the certificate was issued and which relate to the current performance-based standards as defined in WAC 180-78A-270 (5), (7), or (9).

[Statutory Authority: RCW 28A.410.010. 05-15-053, § 180-79A-250, filed 7/12/05, effective 8/12/05; 04-21-040, § 180-79A-250, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 28A.305.130 and 28A.410.010. 02-18-037, § 180-79A-250, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 28A.410.010. 01-13-111, § 180-79A-250, filed 6/20/01, effective 7/21/01; 01-09-004, § 180-79A-250, filed 4/5/01, effective 5/6/01; 00-03-048, § 180-79A-250, filed 1/14/00, effective 2/14/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, § 180-79A-250, filed 12/23/98, effective 1/23/99.]

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