WSR 07-19-042

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 13, 2007, 1:00 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-12-099.

Title of Rule and Other Identifying Information: WAC 392-121-264 Finance -- General apportionment -- Certificated instructional staff (Definitions -- Certificated years of experience).

Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on October 23, 2007, at 9:30 a.m.

Date of Intended Adoption: October 24, 2007.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201, by October 22, 2007.

Assistance for Persons with Disabilities: Contact Clarice Nnanubu by October 22, 2007, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions will update guidance on recognizing, for state funding purposes, up to two years experience for educational staff associates (ESAs) for service in nonschool positions. ESAs are certificated instructional staff that are occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists. These revisions will implement E2SHB 1432, as passed during the 2007 legislative session, and the 2007-09 state operating budget, SHB 1128, section 502(9).

Statutory Authority for Adoption: RCW 28A.150.290(1).

Statute Being Implemented: RCW 28A.150.410(4).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact.

A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction is not subject to RCW 34.05.328 (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

September 13, 2007

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1037.1


AMENDATORY SECTION(Amending WSR 06-19-045, filed 9/15/06, effective 10/16/06)

WAC 392-121-264   Definition -- Certificated years of experience.   Regardless of the experience factors used by a school district for the purposes of its salary schedule(s), as used in this chapter, the term "certificated years of experience" means the number of years of accumulated full-time and part-time professional education employment prior to the current reporting school year in the state of Washington, out-of-state, and a foreign country. School districts shall report all certificated years of experience including those beyond the experience limit of the school district's salary schedule.

(1) Professional education employment shall be limited to the following:

(a) Employment in public or private preschools or elementary and secondary schools in positions which require certification where:

(i) Schools include the Centrum education program, the Pacific Science Center education program, and educational centers authorized under chapter 28A.205 RCW;

(ii) Certification means the concurrent public professional education licensing requirements established in the state, province, country, or other governmental unit in which employment occurred and which, for the state of Washington, refers to the certificates authorized by WAC 181-79A-140 and temporary permits authorized by WAC 181-79A-128;

(b) Employment in public or private vocational-technical schools, technical colleges, community/junior colleges, colleges, and universities in positions comparable to those which require certification in Washington school districts;

(c) Employment in a governmental educational agency with regional administrative responsibilities for preschool, elementary, and/or secondary education including but not limited to an educational service district, office of the superintendent of public instruction, or United States department of education in any professional position including but not limited to C.P.A., architect, business manager, or physician;

(d) Experience in the following areas:

(i) Military, Peace Corps, or Vista service which interrupted professional education employment included in (a), (b), or (c) of this subsection; and

(ii) Sabbatical leave.

(e) For nondegreed vocational/career and technical education instructors, up to a maximum of six years of management experience as defined in WAC 181-77-003 acquired after the instructor meets the minimum vocational/career and technical education certification requirements established in WAC 181-77-041 (1)(a). If a degree is obtained while employed in the state of Washington as a nondegreed vocational/career and technical education instructor, the eligible years of management experience pursuant to this subsection reported on Report S-275 prior to the awarding of the degree shall continue to be reported but shall not increase;

(f) Beginning in the 2007-08 school year, for nurses, occupational therapists, physical therapists, speech-language pathologists, audiologists, counselors, psychologists, and social workers regulated under Title 18 RCW, years of experience may include employment as nurses, occupational therapists, physical therapists, speech-language pathologists, audiologists, counselors, psychologists, and social workers, that does not otherwise meet the requirements of (a) through (e) of this subsection, subject to the following conditions and limitations:

(i) Experience included under this subsection shall be limited to a maximum of two years.

(ii) The calculation of years of experience shall be that one year of experience in a school or other nonschool position counts as one year of experience for the purposes of this subsection, per subsection (2)(a) of this section.

(iii) For employment as nurses, individuals must have:

(A) Performed the same or similar duties and responsibilities as are performed by school nurses, and been licensed (registered, or similarly regulated) as a registered nurse under Title 18 RCW, or comparable out-of-state employment; and

(B) Completed the minimum requirements for initial certification as a nurse established in WAC 181-79A-223 (1)(a), regardless of when the initial certificate is issued.

(iv) For employment as occupational therapists, individuals must have:

(A) Performed the same or similar duties and responsibilities as are performed by school occupational therapists, and been licensed (registered, or similarly regulated) as an occupational therapist under Title 18 RCW, or comparable out-of-state employment; and

(B) Completed the minimum requirements for initial certification as an occupational therapist established in WAC 181-79A-223 (2)(a), regardless of when the initial certificate is issued.

(v) For employment as physical therapists, individuals must have:

(A) Performed the same or similar duties and responsibilities as are performed by school physical therapists, and been licensed (registered, or similarly regulated) as a physical therapist under Title 18 RCW, or comparable out-of-state employment; and

(B) Completed the minimum requirements for initial certification as a physical therapist established in WAC 181-79A-223 (3)(a), regardless of when the initial certificate is issued.

(vi) For employment as speech-language pathologists or audiologists, individuals must have:

(A) Performed the same or similar duties and responsibilities as are performed by school speech-language pathologists or audiologists; and

(B) Completed the minimum requirements for initial certification as a school speech-language pathologist or audiologist established in WAC 181-79A-223 (4)(a)(i), regardless of when the initial certificate is issued.

(vii) For employment as counselors, individuals must have:

(A) Performed the same or similar duties and responsibilities as are performed by school counselors; and

(B) Completed the minimum requirements for either:

(I) Initial certification as a school counselor established in WAC 181-79A-221 (1)(a), regardless of when the initial certificate is issued; or

(II) Residency certification as a school counselor established in WAC 181-79A-221 (1)(b), regardless of when the residency certificate is issued.

(viii) For employment as psychologists, individuals must have:

(A) Performed the same or similar duties and responsibilities as are performed by school psychologists; and

(B) Completed the minimum requirements for either:

(I) Initial certification as a school psychologist established in WAC 181-79A-221 (2)(a), regardless of when the initial certificate is issued; or

(II) Residency certification as a school psychologist established in WAC 181-79A-221 (2)(b), regardless of when the residency certificate is issued.

(ix) For employment as social workers, individuals must have:

(A) Performed the same or similar duties and responsibilities as are performed by school social workers; and

(B) Completed the minimum requirements for either:

(I) Initial certification as a school social worker established in WAC 181-79A-221 (3)(a), regardless of when the initial certificate is issued; or

(II) Residency certification as a school social worker established in WAC 181-79A-221 (3)(b), regardless of when the residency certificate is issued.

(x) Certificated years of experience as nurses, occupational therapists, physical therapists, speech-language pathologists, audiologists, counselors, psychologists, and social workers, determined pursuant to this subsection and reported on Report S-275, by teachers and other certificated staff who are no longer employed as occupational therapists, physical therapists, speech-language pathologists, audiologists, counselors, psychologists, and social workers, shall continue to be reported but shall not increase.

(2) Years of full-time and part-time professional education employment prior to the current reporting school year are accumulated as follows:

(a) For each professional education employment which is not employment as a casual substitute pursuant to subsection (1)(a) of this section;

(i) Determine the total number of hours, or other unit of measure, per year for an employee working full-time with each employer;

(ii) Determine the number of hours, or other unit of measure (worked by the employee), per year with each employer, including paid leave and excluding unpaid leave;

(iii) Calculate the quotient of the hours, or other unit of measure, determined in (a)(ii) of this subsection divided by the hours, or other unit of measure, in (a)(i) of this subsection rounded to two decimal places for each year.

(b) For professional education employment as a casual substitute pursuant to subsection (1)(a) of this section:

(i) Determine the total number of full-time equivalent substitute days per year;

(ii) Calculate the quotient of full-time equivalent days determined in (b)(i) of this subsection divided by 180 rounded to two decimal places for each year.

(c) No more than 1.0 year may be accumulated in any traditional nine-month academic year or any twelve-month period.

(i) Accumulate, for each year, professional education employment calculated in (a)(iii) and (b)(ii) of this subsection.

(ii) Determine the smaller of the result in (c)(i) of this subsection or 1.00 for each year.

(d) Determine certificated years of experience as the accumulation of all years of professional education employment calculated in (c)(ii) of this subsection and report such years rounded to one decimal place.

[Statutory Authority: RCW 28A.150.290(1). 06-19-045, 392-121-264, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, amended and recodified as 392-121-264, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290 and chapter 28A.415 RCW. 97-22-106 (Order 97-07), 392-121-245, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), 392-121-245, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, 392-121-245, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-245, filed 1/11/88.]

Washington State Code Reviser's Office