WSR 97-16-092

PROPOSED RULES

STATE BOARD OF EDUCATION

[Filed August 5, 1997, 10:50 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-10-025.

Title of Rule: WAC 180-87-070 Unauthorized professional practices.

Purpose: To clarify reporting requirements for educational service district superintendents, school district superintendents and Board of Private Schools relating to the code of professional conduct.

Statutory Authority for Adoption: RCW 28A.410.010.

Statute Being Implemented: RCW 28A.410.010.

Summary: This rule change clarifies the State Board of Education's position on self-reporting when educators practice without a required certificate.

Reasons Supporting Proposal: The changes will clarify and increase efficiency.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, (360) 753-6715 and Richard Wilson, (360) 753-2298, State Board of Education, Olympia.

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: The rule change clarifies the State Board of Education's position on self-reporting when educators practice without a required certificate.

Proposal Changes the Following Existing Rules: The changes will clarify and increase efficiency.

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.

Hearing Location: Educational Service District 105, 33 South 2nd Avenue, Yakima, WA 98902, on September 24, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Patty Martin by September 10, 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 September 22, 1997.

Date of Intended Adoption: September 26, 1997.

Larry Davis

Executive Director

AMENDATORY SECTION (Amending WSR 90-02-075, filed 1/2/90, effective 2/2/90)

WAC 180-87-070 Unauthorized professional practice. Any act performed without good cause that materially contributes to one of the following unauthorized professional practices is an act of unprofessional practice.

(1) The intentional employment of a person to serve as an employee in a position for which certification is required by rules of the state board of education when such person does not possess((, at the time of commencement of such responsibility,)) a valid certificate to hold the position for which such person is employed.

(2) The assignment or delegation in a school setting of any responsibility within the scope of the authorized practice of nursing, physical therapy, or occupational therapy to a person not licensed to practice such profession unless such assignment or delegation is otherwise authorized by law, including the rules of the appropriate licensing board.

(3) The practice of education by a certificate holder during any period in which such certificate has been suspended.

(4) The failure of a certificate holder to abide by the conditions within an agreement, executed pursuant to WAC ((180-86-150)) 180-86-160, to not continue or to accept education employment.

(5) The failure of a certificate holder to comply with any condition, limitation, or other order or decision entered pursuant to chapter 180-86 WAC.

(6) Provided, That for the purpose of this section, good cause includes, but is not limited to, exigent circumstances where immediate action is necessary to protect the health, safety, or general welfare of a student, colleague, or other affected person.