[Filed August 30, 2018, 9:22 a.m., effective August 30, 2018, 9:22 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Section 513 (4)(d) of ESSB 6032 (2018) authorizes the office of superintendent of public instruction (OSPI) to adopt rules to outline and define the terms for initial grant of the conditional loan for the National Board for Professional Teaching Standards (NBPTS) process for candidates. OSPI is temporarily adopting rules that would align the terms of the conditional loan with the length of candidacy as defined by NBPTS.

Citation of Rules Affected by this Order: New WAC 392-140-976.

Statutory Authority for Adoption: ESSB 6032 (2018).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Immediate adoption of this rule is necessary because NBPTS has revised its assessment process and now allows candidates to have up to five years to complete certification. The previous assessment process was up to three years. The intent of the conditional loan program provided under section 513(4) is to remove a financial barrier for all teachers to have access to pursue board certification. Requiring teachers to repay the loan mid-candidacy does not fully remove this financial barrier. OSPI is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. Observing the time requirements of notice and opportunity to comment upon adoption of the permanent rule at this time would be contrary to the public interest.

OSPI held a public hearing on August 2, 2018, regarding this rule-making activity. The permanent rule-making order (CR-103P) was filed on August 22, 2018, and the rule change will become effective on September 22, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 30, 2018.

State Superintendent

of Public Instruction

WAC 392-140-976Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Conditional loan program.

(1) During the 2017-18 and 2018-19 school years, and within available funds, certificated instructional staff who have met the eligibility requirements and have applied for certification from the National Board for Professional Teaching Standards may receive a conditional loan of one thousand four hundred twenty-five dollars toward the current assessment fee, not including the initial up-front candidacy payment.

(2) The conditional loan shall be an advance on the first annual bonus provided under RCW 28A.405.415. The conditional loan is provided in addition to compensation received under a district's salary allocation and shall not be included in calculations of a district's average salary and associated salary limitation under RCW 28A.400.200.

(3)(a) Conditional loan recipients who fail to receive national board certification within three years following the completion of their second year of candidacy under the National Board for Professional Teaching Standards must repay the conditional loan.

(b) Repayment shall begin after the candidate has either:

(i) Obtained the national board certification;

(ii) Exhausted all years of eligibility under the National Board for Professional Teaching Standards; or

(iii) Withdrawn their candidacy.

(4) The terms of repayment shall be pursuant to a promissory note or other instrument executed by the conditional loan recipient.