WSR 97-01-103
PROPOSED RULES
STATE BOARD OF EDUCATION
[Filed December 18, 1996, 12:06 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-16-043.
Title of Rule: Chapter 180-16 WAC, State support of public schools.
Purpose: The proposed amendments clarify and simplify both the rules and the process for exceptions to the rules.
Statutory Authority for Adoption: RCW 28A.150.220(6), 28A.410.010.
Summary: The proposed amendments clarify and simplify both the rules for assignment of certificated personnel and the process for necessary exceptions to these rules.
Reasons Supporting Proposal: The current rules regarding assignment of certificated personnel are overly complicated.
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: New Market Vocational Skills Center, 2799 [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.
Date of Intended Adoption: January 24, 1997.
December 18, 1996
Larry Davis
Executive Director
AMENDATORY SECTION (Amending Order 9-87, filed 6/1/87)
WAC 180-16-221 Assignment of classroom teachers within districts. In addition to holding teaching permits or certificates as required by WAC 180-16-220(2), the assignment of classroom teachers in the basic program of education, effective August 31, 1987, shall comply with the following:
(1) Classroom teachers ((specified below)) with standard or
unendorsed continuing teacher certificates may be assigned to any grade
or subject areas for which certification is required.
(((a))) (2) Classroom teachers with initial or endorsed continuing
teacher certificates ((issued pursuant to WAC 180-79-060 if such teachers
were eligible for such certificates prior to August 31, 1987, and such
certificates were applied for prior to July 1, 1988 or if such teachers
would have been eligible for such certificate prior to August 31, 1987,
but for one of the three-year experience requirement and such experience
is completed and the certificate is applied for prior to August 31, 1988;
(b) Classroom teachers with standard certificates issued or
reinstated pursuant to WAC 180-80-215;
(c) Classroom teachers with provisional certificates issued,
reissued, or reinstated pursuant to WAC 180-80-210 and who have completed
a ninety school day assignment as a classroom teacher;
(d) Classroom teachers whose standard certificate has been converted
pursuant to WAC 180-79-045 to a continuing certificate;
(e) Classroom teachers with initial certificates issued, reissued,
or reinstated pursuant to WAC 180-80-705 and who have completed a ninety
school day assignment as a classroom teacher;
(f) Classroom teachers with continuing certificates issued or
reinstated pursuant to WAC 180-80-705.
(2) Classroom teachers specified below)) may be assigned only to the
specified grades and specified subject areas stated as endorsements upon
their respective certificates or permits.
(((a) Classroom teachers with continuing certificates issued
pursuant to WAC 180-79-060 after August 31, 1987, unless such teachers
were eligible for such certificates prior to August 31, 1987, and applied
for such certificates prior to July 1, 1988 or unless such teachers would
have been eligible for such certificates prior to August 31, 1987, but
for one of the three-year experience requirement and such experience is
completed and the certificates are applied for prior to August 31, 1988;
(b) Classroom teachers with initial certificates issued pursuant to
WAC 180-79-060 and immigrant alien and temporary permits;
(c) Classroom teachers with provisional certificates issued pursuant
to WAC 180-80-210 and who have not completed a ninety school day
assignment as a classroom teacher;
(d) Classroom teachers with initial certificates issued pursuant to
WAC 180-80-705 and who have not completed a ninety school day assignment
as a classroom teacher.))
(3) Classroom teachers with initial or endorsed continuing teacher certificates who have an elementary education endorsement may be assigned to teach any subject in grades K-8.
(4) Any certificated teacher who has completed twenty-four quarter hours (sixteen semester hours) of academic study in a content area that will be offered in grades four through nine may be assigned to that course even if the teacher does not hold an endorsement in that area.
(5) Any certificated teacher may be assigned to a middle school or junior high school block program, which for the purpose of this section shall be defined as the same teacher assigned to teach two or more subject areas to the same group of students, if the teacher has an endorsement in one of the subject areas and has completed or will complete within one year nine quarter hours in each of the other subject areas.
(6) Upon determination by school districts that teachers have the competencies to be effective teachers in alternative settings, individuals with initial or endorsed continuing teacher certificates who have completed provisional status with a school district under RCW 28A.405.220 may be assigned to teach in alternative schools.
(7) Any certificated teacher may be assigned to courses offered in basic education subject areas not included with the list of endorsements specified in WAC 180-79A-302.
(8) Any certificated teacher may be assigned to serve as a substitute classroom teacher at any grade level or in any subject area for a period not to exceed thirty consecutive school days in any one assignment.
(9) Any certificated person holding a limited certificate as specified in WAC 180-79A-230 or a vocational education certificate as specified in chapter 180-77 WAC may be assigned as per the provisions of such section or chapter.
(10) If a teacher is assigned to provide special education, then the district must also comply with WAC 392-171-701.
(11) For the purpose of this section, the term "specified grades" shall mean any grade preschool through twelve specified by the classroom teacher's endorsement. In the event the teacher is assigned to an ungraded classroom, the chronological age of such students shall be converted for the purpose of compliance with this section to the grade level such students would have been assigned but for the ungraded classroom assignment.
(((4))) (12) For the purpose of this section, the term "specified
subject areas" shall mean courses or classes with the same subject area
title as specified by the classroom teachers endorsement and courses or
classes which the board of directors of the district determines to
substantially include the same subject area as the endorsement--e.g., a
classroom teacher with a health endorsement may be assigned to any
course, regardless of course title, which substantially includes health
as the subject area.
(((5))) (13) Exceptions to the assignment requirements of subsection
(((2))) (1) of this section must comply with WAC 180-16-222.
(((6))) (14) School district compliance with this section shall be
subject to the state staff review process specified in WAC 180-16-195(2).
[Statutory Authority: RCW 28A.70.005. 87-12-040 (Order 9-87), 180-16-221, filed 6/1/87. Statutory Authority: RCW 28A.58.754(6). 86-13-015
(Order 5-86), 180-16-221, filed 6/10/86.]
AMENDATORY SECTION (Amending WSR 94-24-040, filed 12/2/94, effective
1/2/95)
WAC 180-16-222 Exceptions to classroom teacher assignment policy. Exceptions to the classroom teacher assignment policy specified in WAC 180-16-221 shall be limited to the following:
(1) ((Any certificated teacher may be assigned to serve as a
substitute classroom teacher at any grade level or in any subject area
for a period not to exceed thirty consecutive school days in any one
assignment.
(2) Any certificated person holding a limited certificate as
specified in WAC 180-79-230 or a vocational education certificate as
specified in chapter 180-77 WAC or any person holding a nonimmigrant
alien permit issued pursuant to WAC 392-193-055, may be assigned as per
the provisions of such section or chapter.
(3) Any certificated teacher may be assigned to courses offered in
basic education subject areas not included within the list of
endorsements specified in WAC 180-79-080.
(4) Any certificated teacher with at least two full school years of
classroom teaching experience who has not been placed on probation
pursuant to RCW 28A.405.100 during the past two years may be assigned for
one year to an out-of-endorsement assignment under the following
conditions:
(a) A designated representative of the district and the classroom
teacher so assigned will mutually develop a written plan which would
provide necessary assistance to the teacher so assigned, and which
provides for a reasonable amount of planning and study time associated
specifically with the out-of-endorsement assignment; and
(b) The following conditions apply regarding required observations
and evaluations:
(i) Teachers cannot be assigned out-of-endorsement full-time if they
would be subject to evaluation under RCW 28A.405.100(1) in such
assignment. Teachers so assigned must be eligible for short form
evaluation as provided in RCW 28A.405.100(5).
(ii) Any observation conducted in an out-of-endorsement part-time
assignment will not be utilized by the district as evidence to support
probation of the teacher so assigned pursuant to RCW 28A.405.100 or
nonrenewal of such teacher pursuant to RCW 28A.405.210.
(iii) Teachers who are assigned out-of-endorsement full or part-time, and who are eligible pursuant to state and district criteria, shall
be encouraged to participate in the district's professional growth plan
option.
(c) If a teacher is assigned to provide special education, then the
district must also comply with WAC 392-171-701, including the request for
a waiver from the superintendent of public instruction required by
subsection (5) of this section.
(5) School districts may assign classroom teachers out of their
endorsement areas for two additional years if such assignment(s) complies
with WAC 180-16-223.
(6) Any certificated teacher may be assigned to a middle school or
junior high school block program, which for the purpose of this section
shall be defined as the same teacher assigned to teach two or more
subject areas to the same group of students, if the teacher has an
endorsement in one of the subject areas and has completed or will
complete within one year nine quarter hours in each of the other subject
areas.
(7) Any certificated teacher who holds one of the specific subject
area endorsements (i.e., drama, English, journalism, and/or speech)
related to the broad area of English/Language Arts, may be assigned at
the junior high school/middle school level to teach any other related
course in that respective broad subject area endorsement if the teacher
has completed or will complete at least nine quarter hours (six semester
hours) of study within one year in the assigned endorsement area. Only
coursework which received a grade of C (2.0) or higher or a grade of pass
on a pass-fail system of grading shall be counted toward the required
minimum number of credit hours.
(8) Any certificated teacher who holds one of the specific subject
area endorsements (i.e., biology, chemistry, earth science, and/or
physics) related to the broad area of science, may be assigned at the
junior high school/middle school level to teach any other related course
in that respective broad subject area endorsement if the teacher has
completed or will complete at least nine quarter hours (six semester
hours) of study within one year in the assigned endorsement area. Only
coursework which received a grade of C (2.0) or higher or a grade of pass
on a pass-fail system of grading shall be counted toward the required
minimum number of credit hours.
(9) Any certificated teacher who holds one of the specific subject
area endorsements (i.e., anthropology, economics, geography, history,
political science, psychology, and/or sociology) related to the broad
area of social studies, may be assigned at the junior high school/middle
school level to teach any other related course in that respective broad
subject area endorsement if the teacher has completed or will complete
at least nine quarter hours (six semester hours) of study within one year
in the assigned endorsement area. Only coursework which received a grade
of C (2.0) or higher or a grade of pass on a pass-fail system of grading
shall be counted toward the required minimum number of credit hours.
(10) Any certificated teacher who has completed twenty-four quarter
hours (sixteen semester hours) of academic study in a content area that
will be offered in grades four through nine may be assigned to that
course even if the teacher does not hold an endorsement in that area.))
Upon determination by school districts that teachers have the
competencies to be effective teachers in areas other than their endorsed
areas, individuals with initial or endorsed continuing teacher
certificates who have completed provisional status with a school district
under RCW 28A.405.220 may be assigned to classes other than in their
areas of endorsement. If teachers are so assigned, the following shall
apply:
(a) A designated representative of the district and any such teacher so assigned shall mutually develop a written plan which provides for necessary assistance to the teacher, and which provides for a reasonable amount of planning and study time associated specifically with the out-of-endorsement assignment;
(b) Such teachers shall not be subject to dismissal or probation based on evaluations of their teaching effectiveness in the out-of-endorsement assignments;
(c) Such teaching assignments shall be approved by a formal vote of the local school board for each teacher so assigned; and
(d) The assignment of such teachers for the previous school year shall be reported annually to the state board of education by the employing school district as required by WAC 180-16-195. Included in the report shall be the number of teachers in out-of-endorsement assignments and the specific assistance being given to the teachers.
(2) Teachers with initial or endorsed continuing teacher
certificates who have not completed provisional status with a school
district under RCW 28A.405.220 may be assigned to one out-of-endorsement
assignment for a maximum of two periods (not more than forty percent
full-time equivalent) a day. Conditions described in subsection (1)(a)
through (d) of this section shall apply to teachers so assigned.
[Statutory Authority: RCW 28A.150.220(6). 94-24-040, 180-16-222,
filed 12/2/94, effective 1/2/95. Statutory Authority: RCW 28A.410.010.
93-07-102, 180-16-222, filed 3/23/93, effective 4/23/93; 92-04-044,
180-16-222, filed 1/31/92, effective 3/2/92. Statutory Authority: RCW
28A.58.754(6). 86-13-015 (Order 5-86), 180-16-222, filed 6/10/86.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 180-16-223 Temporary out-of-endorsement assignment criteria.
WAC 180-16-224 Second and third year temporary out-of-endorsement criteria.