Preproposal statement of inquiry was filed as WSR 06-17-165.
Title of Rule and Other Identifying Information: WAC 181-79A-140 Types of certificates and 181-79A-231 Limited certificates.
Hearing Location(s): Comfort Inn & Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 352-0691, on January 17, 2007, at 8:30 a.m.
Date of Intended Adoption: January 17, 2007.
Submit Written Comments to: Nasue Nishida, P.O. Box 47236, Olympia, WA 98504-7236, e-mail email@example.com, fax (360) 586-4548, by January 10, 2007.
Assistance for Persons with Disabilities: Contact Nasue Nishida by January 10, 2007, TTY (360) 664-3631 or (360) 725-6275.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: For the creation of an alternative routes for principals program, adding "provisional alternative administrative certificate" to this list.
Reasons Supporting Proposal: Washington state has a shortage of school principals. This pilot will provide another vehicle for preparing principals, using the alternative routes to certifying teachers model.
Statutory Authority for Adoption: RCW 28A.410.210 and 28A.410.010.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Professional educator standards board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nasue Nishida, Old Capitol Building, 600 South Washington Street, Olympia, 98504, (360) 725-6275.
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 Nasue Nishida, P.O. Box 47236, Olympia, WA 98504-7236, phone (360) 725-6275, fax (360) 586-4548, e-mail firstname.lastname@example.org.
December 1, 2006
Policy and Research Analyst
AMENDATORY SECTION(Amending WSR 06-14-010, filed 6/22/06, effective 7/23/06)
WAC 181-79A-140 Types of certificates. Six types of certificates shall be issued:
(1) Teacher. The teacher certificate, including teacher exchange permits as provided in WAC 181-79A-220, authorizes service as a classroom teacher.
(2) Career and technical. The career and technical education certificate authorizes service in career and technical education programs in accordance with the provisions of chapter 181-77 WAC.
(3) First people's language/culture. The first people's language/culture teacher certificate authorizes service as defined under WAC 181-78A-700(8).
(a) The administrator certificate for principal authorizes services as a building administrator or assistant principal.
(b) The administrator certificates for superintendent or program administrator will be issued to persons who meet professional educator standards board certification standards for service in the roles of superintendent or program administrator.
(5) Educational staff associate. The educational staff associate certificate authorizes service in the roles of school speech pathologists or audiologists, school counselors, school nurses, school occupational therapists, school physical therapists, school psychologists, and school social workers: Provided, That nothing within chapter 181-79A WAC authorizes professional practice by an educational staff associate which is otherwise prohibited or restricted by any other law, including licensure statutes and rules and regulations promulgated by the appropriate licensure board or agency.
(6) Limited certificates. The following limited certificates are issued to individuals under specific circumstances set forth in WAC 181-79A-231:
(a) Conditional certificate.
(b) Substitute certificate.
(c) Emergency certificate.
(d) Emergency substitute certificate.
(e) Nonimmigrant alien exchange teacher.
(f) Intern substitute teacher certificate.
(g) Transitional certificate.
(h) Provisional alternative administrative certificate.
[Statutory Authority: RCW 28A.410.210. 06-14-010, § 181-79A-140, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as § 181-79A-140, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.305.130 and 28A.410.010. 04-20-092, § 180-79A-140, filed 10/5/04, effective 11/5/04; 02-18-037, § 180-79A-140, filed 8/26/02, effective 9/26/02; 02-13-027, § 180-79A-140, filed 6/12/02, effective 7/13/02. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) through (4). 02-04-018, § 180-79A-140, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 28A.410.010. 00-13-063, § 180-79A-140, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) and (2). 99-23-023, § 180-79A-140, filed 11/9/99, effective 12/10/99. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, § 180-79A-140, filed 12/23/98, effective 1/23/99. Statutory Authority: RCW 28A.410.010. 97-04-088, § 180-79A-140, filed 2/5/97, effective 3/8/97.]
(1) Conditional certificate.
(a) The purpose of the conditional certificate is to assist local school districts, approved private schools, and educational service districts in meeting the state's educational goals by giving them flexibility in hiring decisions based on shortages or the opportunity to secure the services of unusually talented individuals. The professional educator standards board encourages in all cases the hiring of fully certificated individuals and understands that districts will employ individuals with conditional certificates only after careful review of all other options. The professional educator standards board asks districts when reviewing such individuals for employment to consider, in particular, previous experience the individual has had working with children.
(b) Conditional certificates are issued upon application by the local school district, approved private school, or educational service district superintendent to persons who meet the age, good moral character, and personal fitness requirements of WAC 181-79A-150 (1) and (2), if one of the following conditions is verified:
(i) The applicant is highly qualified and experienced in the subject matter to be taught and has unusual distinction or exceptional talent which is able to be demonstrated through public records of accomplishments and/or awards; or
(ii) No person with regular teacher certification in the endorsement area is available as verified by the district or educational service district superintendent or approved private school administrator, or circumstances warrant consideration of issuance of a conditional certificate.
(c) In addition, conditional certificates are issued to persons in the following categories only if no person with regular certification is available:
(i) The applicant qualifies to instruct in the traffic safety program as paraprofessionals pursuant to WAC 392-153-020 (2) and (3); or
(ii) The applicant is assigned instructional responsibility for intramural/interscholastic activities which are part of the district or approved private school approved program; or
(iii) The applicant possesses a state of Washington license for a registered nurse: Provided, That the district will be responsible for orienting and preparing individuals for their assignment as described in (e)(iii) of this subsection; or
(iv) The applicant has completed a bachelor's degree or higher from a regionally accredited college/university. All speech-language pathologists or audiologists providing services under a current and valid conditional certificate issued as of June 30, 2003, will be fully qualified consistent with WAC 181-79A-223 by the year 2010. First conditional certificates, issued to speech-language pathologists or audiologists after June 30, 2003, which are valid for up to two years, may be reissued once for up to two years, if the individual provides evidence that he/she is enrolled in and completing satisfactory progress in a master's degree program resulting in the initial ESA school speech-language pathologists or audiologist certificate.
(v) The applicant for a conditional teaching certificate in special education shall hold a bachelor's degree or higher from a regionally accredited college/university.
(vi) The issuance of a conditional certificate to a special education teacher after July 1, 2003, is contingent upon the individual being enrolled in an approved teacher preparation program resulting in a residency teacher certificate endorsed in special education. The conditional certificate is valid for up to two years and may be reissued once for one year upon verification by the college/university that the individual is completing satisfactory progress in the residency teacher certificate program.
(vii) An individual with full certification and endorsed in special education shall be assigned as a mentor to the special education teacher serving on a conditional certificate for the duration of the conditional certificate.
(d) The educational service district or local district superintendent or administrator of an approved private school will verify that the following criteria have been met when requesting the conditional certificate:
(i) The district or educational service district superintendent or approved private school administrator has indicated the basis on which he/she has determined that the individual is competent for the assignment;
(ii) The individual is being certificated for a specific assignment and responsibility in a specified activity/field;
(e) When requesting the conditional certificate for persons who provide classroom instruction, the educational service district superintendent or local district superintendent or approved private school administrator will verify that the following additional criteria will be met:
(i) After specific inclusion on the agenda, the school board or educational service district board has authorized submission of the application.
(ii) The individual will be delegated primary responsibility for planning, conducting, and evaluating instructional activities with the direct assistance of a school district or approved private school mentor and will not be serving in a paraprofessional role which would not require certification;
(iii) Personnel so certificated will be oriented and prepared for the specific assignment by the employing district or approved private school. A written plan of assistance will be developed, in cooperation with the person to be employed within twenty working days from the commencement of the assignment. In addition, prior to service the person will be apprised of any legal liability, the responsibilities of a professional educator, the lines of authority, and the duration of the assignment;
(iv) Within the first sixty working days, personnel so certificated will complete sixty clock hours (six quarter hours or four semester hours) of course work in pedagogy and child/adolescent development appropriate to the assigned grade level(s) as approved by the employing school district or approved private school.
(f) The certificate is valid for two years or less, as evidenced by the expiration date which is printed on the certificate, and only for the activity specified. The certificate may be reissued for two years and for two-year intervals thereafter upon application by the employing local school district, approved private school, or educational service district and upon completion of sixty clock hours (six quarter hours or four semester hours) of course work since the issuance of the most recent certificate. The requesting local school district, approved private school, or educational service district shall verify that the sixty clock hours taken for the reissuance of the certificate shall be designed to support the participant's professional growth and enhance the participant's instructional knowledge or skills to better assist students meeting the state learning goals and/or essential academic learning requirements.
(2) Substitute certificate.
(a) The substitute certificate entitles the holder to act as substitute during the absence of the regularly certificated staff member for a period not to exceed thirty consecutive school days during the school year in any one assignment. This certificate may be issued to:
(i) Teachers, educational staff associates or administrators whose state of regular Washington certificates have expired; or
(ii) Persons who have completed state approved preparation programs and baccalaureate degrees at regionally accredited colleges and universities for certificates; or
(iii) Persons applying as out-of-state applicants who qualify for certification pursuant to WAC 181-79A-257 (1)(c) and (d).
(b) The substitute certificate is valid for life.
(3) Emergency certification.
(a) Emergency certification for specific positions may be issued upon the recommendation of school district and educational service district superintendents or approved private school administrators to persons who hold the appropriate degree and have substantially completed a program of preparation in accordance with Washington requirements for certification: Provided, That a qualified person who holds regular certification is not available or that the position is essential and circumstances warrant consideration of issuance of an emergency certificate: Provided further, That a candidate for emergency certification as a school counselor, school psychologist, or social worker shall be the best qualified of the candidates for the position as verified by the employing school district and shall have completed all course work for the required master's degree with the exception of the internship: Provided further, That a candidate for emergency certification as a school psychologist shall be enrolled in an approved school psychologist preparation program and shall be participating in the required internship.
(b) The emergency certificate is valid for one year or less, as evidenced by the expiration date which is printed on the certificate.
(4) Emergency substitute certification.
(a) If the district or approved private school has exhausted or reasonably anticipates it will exhaust its list of qualified substitutes who are willing to serve as substitutes, the superintendent of public instruction may issue emergency substitute certificates to persons not fully qualified under subsection (2) of this section for use in a particular school district or approved private school once the list of otherwise qualified substitutes has been exhausted.
(b) Such emergency substitute certificates shall be valid for three years or less, as evidenced by the expiration date which is printed on the certificate.
(5) Nonimmigrant alien exchange teacher. Applicants for certification as a nonimmigrant alien exchange teacher must qualify pursuant to WAC 181-79A-270 and be eligible to serve as a teacher in the elementary or secondary schools of the country of residence.
(6) Intern substitute teacher certificate.
(a) School districts and approved private schools may request intern substitute teacher certificates for persons enrolled in student teaching/internships to serve as substitute teachers in the absence of the classroom teacher.
(b) The supervising college or university must approve the candidate for the intern substitute teacher certificate.
(c) Such certificated substitutes may be called at the discretion of the school district or approved private school to serve as a substitute teacher only in the classroom(s) to which the individual is assigned as a student teacher/intern.
(d) The intern substitute teacher certificate is valid for one year, or less, as evidenced by the expiration date which is printed on the certificate.
(7) Transitional certificate.
(a) An individual whose continuing certificate has lapsed according to WAC 181-85-040 may be issued a transitional certificate to be employed on a conditional basis upon request by a school district, approved private school, or educational service district superintendent. The holder of the transitional certificate must complete any continuing certificate reinstatement requirements established by the professional educator standards board within two years of the date the holder was issued the transitional certificate in order to continue to be employed. The transitional certificate expiration date shall not be calculated under professional educator standards board policy WAC 181-79A-117.
(b) No individual whose continuing certificate has been suspended or revoked shall be eligible to be employed under this section.
(c) School districts, approved private schools, and educational service districts are strongly encouraged to develop with the holder of a transitional certificate a plan of assistance to be sure the holder completes the necessary continuing certificate reinstatement requirements under WAC 181-85-130 within the two-year conditional employment period specified under (a) of this subsection if the holder is to continue to be employed.
(d) The transitional certificate is not renewable and may not be reissued.
(8) Provisional alternative administrative certificate.
(a) This certificate shall be issued to individuals admitted to the professional educator standards board alternative route to principal certification pilot program.
(b) The certificate is valid for one year from date of issue.
(c) A comprehensive assessment of the intern's performance by school officials and program faculty and a recommendation that the person be issued a residency principal certificate upon successful completion of the program.
[Statutory Authority: RCW 28A.410.210. 06-14-010, § 181-79A-231, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as § 181-79A-231, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 04-20-090, § 180-79A-231, filed 10/5/04, effective 11/5/04; Readopted by 03-14-115, § 180-79A-231, filed 6/30/03, effective 7/31/03; 03-12-035, § 180-79A-231, filed 5/30/03, effective 6/30/03. Statutory Authority: RCW 28A.410.010 and 28A.305.130. 02-13-027, § 180-79A-231, filed 6/12/02, effective 7/13/02. Statutory Authority: RCW 28A.410.010. 00-13-063, § 180-79A-231, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 28A.410.010 and 28A.305.130 (1) and (2). 99-23-023, § 180-79A-231, filed 11/9/99, effective 12/10/99. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, § 180-79A-231, filed 12/23/98, effective 1/23/99.]