Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-19-118.

     Title of Rule and Other Identifying Information: Amends WAC 181-87-050 to establish misrepresentation of teacher assessments for certification constitutes unprofessional practice and is subject to investigation by the office of professional practice.

     Hearing Location(s): ESD 112, Klickitat Room, 2500 N.E. 65th Avenue, Vancouver, WA 98661, on November 8, 2012, at 8:30 a.m.

     Date of Intended Adoption: November 8, 2012.

     Submit Written Comments to: David Brenna, Senior Policy Analyst, P.O. Box 47236, Olympia, WA 98504, e-mail david.brenna@k12.wa.us, fax (360) 586-4548, by October 31, 2012.

     Assistance for Persons with Disabilities: Contact David Brenna by October 31, 2012, TTY (360) 664-3631 or (360) 725-6238.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The legislature established teacher assessments by statute. The rule for unprofessional conduct don [does] not include misrepresentation of teacher assessments as unprofessional conduct.

     Reasons Supporting Proposal: Response to legislation.

     Statutory Authority for Adoption: RCW 28A.410.210.

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

     Name of Proponent: Professional educators [educator] standards board, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David Brenna, P.O. Box 42736 [47236], Olympia, WA 98504, (360) 725-6238.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting David Brenna, P.O. Box 47236, Olympia, WA 98504, phone (360) 725-6238, fax (360) 586-3631, e-mail david.brenna@k12.wa.us.

September 24, 2012

David Brenna

Senior Policy Analyst

OTS-5000.2

AMENDATORY SECTION(Amending WSR 06-02-051, filed 12/29/05, effective 1/1/06)

WAC 181-87-050   Misrepresentation or falsification in the course of professional practice.   Any falsification or deliberate misrepresentation, including omission, of a material fact by an education practitioner concerning any of the following is an act of unprofessional conduct:

     (1) Statement of professional qualifications.

     (2) Application or recommendation for professional employment, promotion, certification, or an endorsement.

     (3) Application or recommendation for college or university admission, scholarship, grant, academic award, or similar benefit.

     (4) Representation of completion of inservice or continuing education credit hours.

     (5) Evaluations or grading of students and/or personnel.

     (6) Financial or program compliance reports submitted to state, federal, or other governmental agencies.

     (7) Information submitted in the course of an official inquiry by the superintendent of public instruction related to the following:

     (a) Good moral character or personal fitness.

     (b) Acts of unprofessional conduct.

     (8) Information submitted in the course of an investigation by a law enforcement agency or by child protective services regarding school related criminal activity.

     (9) Assessments leading to certification or professional certification.

     (10) An education practitioner who aids, encourages, and/or abets another educator in any falsification or deliberate misrepresentation, including omission, of a material fact in conjunction with the acts listed above commits misrepresentation in the course of professional practice.

[06-02-051, recodified as § 181-87-050, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, § 180-87-050, filed 1/2/90, effective 2/2/90.]