Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-06-049.

     Title of Rule and Other Identifying Information: WAC 392-121-200 through 392-121-299, Finance -- General apportionment -- Certificated instructional staff.

     Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 Washington Street, Olympia, WA 98504, on September 29, 2011, at 10:00 a.m.

     Date of Intended Adoption: September 29, 2011.

     Submit Written Comments to: Ross Bunda, P.O. Box 47200, Olympia, WA 98504-7200, e-mail ross.bunda@k12.wa.us, fax (360) 753-4201, by September 28, 2011.

     Assistance for Persons with Disabilities: Contact Wanda Griffin by September 28, 2011, TTY (360) 664-3631 or (360) 725-6132.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions expand the criteria for recognizing degrees and credits on the salary schedule for certificated instructional staff, to also include degrees and credits earned from a college or university which is accredited by the distance education and training council (DETC), pursuant to the 2010 rule revisions of the professional educator standards board, per WAC 181-78A-010(7). These revisions also update the definition of basic education and institutional education programs; clarify the definition of a certificated employee's highest degree level, and specifically, nondegreed employees; and provide other "housekeeping" updates.

     Statutory Authority for Adoption: RCW 28A.150.290(1) and 28A.415.024.

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

     Name of Proponent: [OSPI], governmental.

     Name of Agency Personnel Responsible for Drafting: Ross Bunda, OSPI, (360) 725-6308; Implementation: JoLynn Berge, OSPI, (360) 725-6301; and Enforcement: Shawn Lewis, OSPI, (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. OSPI is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

July 20, 2011

Randy Dorn

State Superintendent

OTS-3922.1

AMENDATORY SECTION(Amending WSR 01-08-048, filed 3/30/01, effective 4/30/01)

WAC 392-121-210   Definition -- Basic education certificated instructional employee.   As used in this chapter, "basic education certificated instructional employee" means a district certificated instructional employee or a contractor certificated instructional employee assigned in whole or in part to the following programs as defined in the accounting manual for public school districts in the state of Washington:

     (1) 01 Basic Education((, program 01));

     (2) 02 Basic Education-Alternative Learning Experience;

     (3) 31 Vocational, Basic, State((, program 31));

     (((3))) (4) 34 Middle School Career and Technical Education-State;

     (5) 45 Skills Center, Basic, State((, program 45)); and

     (((4) District-wide)) (6) 97 Districtwide Support((, program 97)).

[Statutory Authority: RCW 28A.150,290 [28A.150.290], 28A.505.140. 01-08-048, § 392-121-210, filed 3/30/01, effective 4/30/01. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. 99-08-008 (Order 99-01), § 392-121-210, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-210, filed 10/18/95, effective 11/18/95; 92-23-044 (Order 92-15), § 392-121-210, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-210, filed 1/11/88.]

     (1) 26 Special Education(( -- ))-Institutions(( -- ))-State;

     (2) 56 State Institutions, Centers and Homes(( -- ))-Delinquent;

     (3) 59 Institutions-Juveniles in Adult Jails.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-217, filed 11/1/02, effective 12/2/02.]

[Statutory Authority: RCW 28A.150.290(1). 06-19-045, § 392-121-249, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-249, filed 12/22/93, effective 1/22/94.]

     (1) The highest degree earned by the employee from ((a regionally)) an accredited institution of higher education, pursuant to WAC 392-121-249; or

     (2) "Nondegreed" for a certificated instructional employee who:

     (a) Holds no bachelor's or higher level degree; or

     (((3) "Nondegreed" for a certificated instructional employee who)) (b) Holds a bachelor's or higher level degree and a valid vocational/career and technical education certificate((: Provided, That the employee has obtained no other)), but:

     (i) The bachelor's or higher level degree was not a requirement of any past or present education certificate or permit ((in which a degree is required)), including the vocational/career and technical education certificate, pursuant to chapter 181-77 or 181-79A WAC; and

     (ii) Whose highest placement pursuant to WAC 392-121-270 is as a nondegreed certificated instructional employee.

[Statutory Authority: RCW 28A.150.290(1). 09-15-127, § 392-121-250, filed 7/20/09, effective 8/20/09; 08-08-033, § 392-121-250, filed 3/25/08, effective 4/25/08; 06-19-045, § 392-121-250, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, § 392-121-250, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-250, filed 1/11/88.]

     (1) Credits are earned after the awarding or conferring of the employee's first bachelor's degree;

     (2) Credits are earned on or before October 1 of the year for which allocations are being calculated pursuant to this chapter;

     (3) Credits are earned from ((a regionally)) an accredited institution of higher education: Provided, That credits, determined eligible pursuant to subsections (1), (2), (4) and (6) of this section, earned from any other accredited community college, college, or university and reported on Form S-275 on or before December 31, 1992, shall continue to be reported;

     (4) Credits are transferrable or applicable to a bachelor's or more advanced degree program: Provided, That for educational courses which are the same or identical no more credits for that educational course than are transferrable or applicable to a bachelor's or more advanced degree program at that institution shall be counted;

     (5) Credits earned after September 1, 1995, must satisfy the additional requirements of WAC 392-121-262;

     (6) Credits are not counted as in-service credits pursuant to WAC 392-121-257 or nondegree credits pursuant to WAC 392-121-259;

     (7) The number of credits equals the number of quarter hours, units or semester hours each converted to quarter hours earned pursuant to this section; and

     (8) Accumulate credits rounded to one decimal place.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-255, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-255, 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, § 392-121-255, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-255, filed 1/11/88.]

     (1) Districts shall document the date of awarding or conferring of the highest degree including the date upon which the degree was awarded or conferred as recorded on the diploma or transcript from the registrar of the ((regionally)) accredited institution of higher education.

     (a) If the highest degree is a master's degree, the district shall also document the date of awarding or conferring of the first bachelor's degree.

     (b) If the degree was awarded by an institution which does not confer degrees after each term, and all degree requirements were completed at a time other than the date recorded on the diploma or transcript, a written statement from the registrar of the institution verifying a prior completion date shall be adequate documentation.

     (c) If the degree program was completed in a country other than the United States documentation must include a written statement of degree equivalency for the appropriate degree from a foreign credentials' evaluation agency approved by the office of superintendent of public instruction.

     (2) Districts shall document academic credits by having on file a transcript from the registrar of the ((regionally)) accredited institution of higher education granting the credits. For purposes of this subsection:

     (a) An academic credit is deemed "earned" at the end of the term for which it appears on the transcript: Provided, That a written statement from the registrar of the institution verifying a prior earned date may establish the date a credit was earned;

     (b) Washington state community college credits numbered one hundred and above are deemed transferable for purposes of WAC 392-121-255(4) subject to the limitations of that same subsection;

     (c) Credits are not deemed "earned" at an institution of higher education which transfers-in credits. Such credits must be documented using a transcript from the initial granting institution and are subject to all the limitations of WAC 392-121-255;

     (d) If the credits were completed in a country other than the United States, documentation must include a written statement of credit equivalency for the appropriate credits from a foreign credentials' evaluation agency approved by the office of superintendent of public instruction; and

     (e) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.

     (3) Districts shall document in-service credits;

     (a) By having on file a document meeting standards established in WAC 181-85-107; and

     (b) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.

     (4) Districts shall document nondegree credits.

     (a) For vocational/career and technical education educator training credits pursuant to WAC 392-121-259(3) districts shall have on file a document meeting standards established in WAC 181-85-107 and evidence that the training was authorized pursuant to WAC 181-77-003 (2), (9), or (12).

     (b) For credits calculated from converted occupational experience pursuant to WAC 392-121-259(3) districts shall have on file documents which provide:

     (i) Evidence that the occupational experience meets the requirements of WAC 181-77-003(7);

     (ii) Evidence of the individual's actual number of hours of employment for each year including dates of employment; and

     (iii) The district calculation of converted credits pursuant to WAC 392-121-259(3).

     (c) For credits earned after September 1, 1995, districts shall document that the course content meets one or more of the criteria of WAC 392-121-262(1). At a minimum, such documentation must include a dated signature of the immediate principal, supervisor, or other authorized school district representative and must be available to the employee's future employers.

     (5) Districts shall document certificated years of experience as follows:

     (a) For certificated years of experience obtained and reported on Report S-275 prior to the 1994-95 school year districts shall have on file documents that provide evidence of employment including dates of employment.

     (b) For certificated years of experience reported on Report S-275 for the first time after the 1993-94 school year districts shall have on file:

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

     (ii) The number of hours, or other unit of measure (worked by the employee), per year and dates of employment with each employer, including paid leave and excluding unpaid leave: Provided, That documentation of hours in excess of one full-time certificated year of experience in any twelve-month period is not required;

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

     (iv) The name and address of the employer;

     (v) For those counting out-of-district experience pursuant to WAC 392-121-264 (1)(a), evidence whether or not the position required professional education certification pursuant to WAC 392-121-264 (1)(a)(ii);

     (vi) For those counting experience pursuant to WAC 392-121-264 (1)(b), a brief description of the previous employment which documents the school district's decision that the position was comparable to one requiring certification in the Washington school districts;

     (vii) For those counting management experience pursuant to WAC 392-121-264 (1)(e), evidence that the experience meets the requirements of WAC 181-77-003(6);

     (viii) For those counting experience (for educational staff associates) pursuant to WAC 392-121-264 (1)(f), evidence that the previous employment meets the requirements in the applicable subsections of WAC 392-121-264 (1)(f).

     (6) Any documentation required by this section may be original or copies of the original: Provided, That each copy is subject to school district acceptance or rejection.

     (7) The falsification or deliberate misrepresentation, including omission of a material fact concerning degrees, credits, or experience by an education practitioner as defined in WAC 181-87-035 shall be deemed an act of unprofessional conduct pursuant to WAC 181-87-050. In such an event the provisions of chapters 181-86 and 181-87 WAC shall apply.

[Statutory Authority: RCW 28A.150.290(1). 07-23-070, § 392-121-280, filed 11/19/07, effective 12/20/07; 06-19-045, § 392-121-280, 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, § 392-121-280, 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), § 392-121-280, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-280, 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, § 392-121-280, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.150.290. 92-23-044 (Order 92-15), § 392-121-280, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.150.290 and 1990 1st ex.s. c 16 § 502. 91-02-097 (Order 51), § 392-121-280, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-280, filed 1/11/88.]

     (1) Assign a staff mix factor to each certificated instructional employee excluding institutional education employees by placing the employee on the appropriate LEAP salary allocation document pursuant to WAC 392-121-270;

     (2) Multiply the result by the full-time equivalency for the time each employee meets the definition of full-time equivalent certificated instructional employee pursuant to WAC 392-121-212 excluding only full-time equivalent institutional education staff;

     (3) Sum the results obtained in subsection (2) of this section for all certificated instructional employees of the school district excluding institutional education employees; and

     (4) Divide the result by the district's total full-time equivalent certificated instructional staff excluding full-time equivalent institutional education staff.

     (5) For the purpose of this section certificated instructional staff are those employed by the school district or a contractor of the school district as of October 1 of the school year as reported to the superintendent of public instruction on Report S-275.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, § 392-121-295, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), § 392-121-295, 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, § 392-121-295, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.150.290. 92-23-044 (Order 92-15), § 392-121-295, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.150.290 and 1990 1st ex.s. c 16 § 502. 91-02-097 (Order 51), § 392-121-295, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-295, filed 1/11/88.]

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