WSR 97-01-011

PROPOSED RULES

STATE BOARD OF EDUCATION

[Filed December 6, 1996, 3:52 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-06-038.

Title of Rule: Chapter 180-86 WAC.

Purpose: Clarification and addition of investigative priorities, factors to be considered in issuing discipline orders and broad categories of acts or omissions of misconduct.

Statutory Authority for Adoption: RCW 28A.410.010.

Summary: Same as Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Richard M. Wilson, Superintendent of Public Instruction, Olympia, (360) 753-2298.

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 Purpose above.

Proposal Changes the Following Existing Rules: See Purpose 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: New Market Vocational Skills Center, 7299 New Market Street, Tumwater, WA 98501, on January 23, 1997, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Judy Rus by January 13, 1997, 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 9, 1997.

Date of Intended Adoption: January 24, 1997.

December 6, 1996

Larry Davis

Executive Director

NEW SECTION

WAC 180-86-080 Factors to be considered prior to issuing orders. Prior to issuing any disciplinary order under this chapter the superintendent of public instruction or designee shall consider, at a minimum, the following factors to determine the appropriate level and range of discipline:

(1) The seriousness of the act(s) and the actual or potential harm to persons or property;

(2) The person's criminal history including the seriousness and amount of activity;

(3) The age and maturity level of participant(s) at the time of the activity;

(4) The proximity or remoteness of time in which the acts occurred;

(5) Any activity that demonstrates a disregard for health, safety or welfare;

(6) Any activity that demonstrates a behavioral problem;

(7) Any activity that demonstrates a lack of fitness;

(8) Any information submitted regarding discipline imposed by any governmental or private entity as a result of acts or omissions;

(9) Any information submitted that demonstrates aggravating or mitigating circumstances;

(10) Any information submitted to support character and fitness; and

(11) Any other relevant information submitted.

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NEW SECTION

WAC 180-86-116 Investigative priorities--Levels of acts or omissions of misconduct. (1) The superintendent of public instruction or designee shall prioritize the investigation of alleged certificated individual misconduct, lack of fitness or unprofessional conduct in the following descending order:

(a) Level I. Level I actions shall have the highest investigative priority and are those allegations, if proven true, for which permanent mandatory revocation shall be the appropriate disciplinary action. They include the following convictions for which permanent revocation of a certificate is mandatory under RCW 28A.410.090:

(i) Physical neglect of a child under chapter 9A.42 RCW;

(ii) The physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW);

(iii) Sexual exploitation of a child under chapter 9.68A RCW;

(iv) Sexual offenses under chapter 9A.44 RCW where a minor is the victim;

(v) Promoting prostitution of a minor under chapter 9A.88 RCW;

(vi) The sale or purchase of a minor child under RCW 9A.64.030; or

(vii) Violation of similar laws of another jurisdiction.

(b) Level II. Level II actions shall have the next investigative priority and are those allegations, if proven true, for which revocation may be the appropriate disciplinary action. They include, but are not limited to the following:

(i) Sexual activity with children and/or students;

(ii) Engaging in acts of violence leading to bodily injury;

(iii) Selling and/or manufacturing illegal drugs; or

(iv) Other activity that if convicted would result in a felony conviction.

(c) Level III. Level III actions shall have the next investigative priority and are those allegations, if proven true, for which suspension may be the appropriate disciplinary action. They include, but are not limited to the following:

(i) Illegal drug possession and/or use;

(ii) Threats related to persons or property;

(iii) Alcohol abuse;

(iv) Reckless conduct where no bodily injury results;

(v) Engaging in unauthorized corporal punishment;

(vi) Verbal or physical sexual harassment of students;

(vii) Engaging in activity that demonstrates poor professional judgment; or

(viii) Other activity that if convicted would result in a misdemeanor conviction.

(d) Level IV. Level IV actions shall have the next investigative priority and are those allegations, if proven true, for which a reprimand may be the appropriate disciplinary action. They include, but are not limited to the following:

(i) Practicing with a lapsed or expired certificate;

(ii) Isolated failure to timely evaluate certificated personnel; or

(iii) Hiring a person for a certificated role who does not possess a valid certificate.

(2) All cases shall be monitored periodically to determine if their priority level should change as a result of information uncovered during the investigation.

(3) Notwithstanding any provision of this section to the contrary, the office of professional practices reserves the right to reprioritize the investigation of complaints based upon the efficient use of available resources and/or the relative urgency or lack of urgency in resolving various complaints in the public interest, and the right to recommend forms of discipline appropriate to the offenses committed.