WSR 12-10-039

PROPOSED RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed April 27, 2012, 10:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-19-113.

Title of Rule and Other Identifying Information: Amends WAC 181-82-110 to permit teachers who provide instruction to a cohort of students to teach the same cohort two consecutive years so long as the teacher is properly endorsed in at least one of the two course years.

Hearing Location(s): Phoenix Inn, 415 Capitol Way North, Olympia, WA 98501, on July 30, 2012, at 8:30 a.m.

Date of Intended Adoption: July 30, 2012.

Submit Written Comments to: David Brenna, Legislative and Policy Coordinator, P.O. Box 47236, Olympia, WA 98504, e-mail david.brenna@k12.wa.us, fax (360) 586-4548, by July 23, 2012.

Assistance for Persons with Disabilities: Contact David Brenna by July 23, 2012, TTY (360) 664-3631 or (360) 725-6238.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Districts will not be required to seek a waiver to policy for a teacher being out-of-endorsement if the teacher in [is] participating in teaching a cohort of students across a two-year period.

Reasons Supporting Proposal: Provides for innovative practice.

Statutory Authority for Adoption: RCW 28A.410.210.

Statute Being Implemented: RCW 28A.410.270.

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: David Brenna, P.O. Box 42736 [47236], Olympia, WA 98504, (360) 725-6238.

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 David Brenna, P.O. Box 47236, Olympia, WA 98504, phone (360) 725-6238, fax (360) 586-3631, e-mail david.brenna@k12.wa.us.

April 27, 2012

David Brenna

Senior Policy Analyst

OTS-4737.1


AMENDATORY SECTION(Amending WSR 08-12-056, filed 6/2/08, effective 7/3/08)

WAC 181-82-110   Exceptions to classroom teacher assignment policy.   Exceptions to the classroom teacher assignment policy specified in WAC 181-82-105 shall be limited to the following:

(1) Upon determination by school districts that teachers have the competencies to be effective teachers in areas other than their endorsed areas, individuals with initial, residency, endorsed continuing, or professional 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 nonrenewal 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 professional educator standards board 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; and

(e) Teachers providing instruction to a cohort of students in two consecutive years may be assigned subject to (b), (c), and (d) of this subsection, provided they are properly endorsed in at least one of the two years they instruct the cohort class.

(2) Teachers with initial, residency, endorsed continuing, or professional 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.

(3) After August 31, 2000, a teacher who has completed twenty-four quarter credit hours (sixteen semester credit hours) of course work applicable to a special education endorsement shall be eligible for a waiver from the special education office which will allow that person to be employed as a special education teacher. All remaining requirements shall be completed within five years of service as a special education teacher. Teachers who hold certificates endorsed in special education or who have received waivers from the special education office prior to September 1, 2000, shall not be affected by the requirements of this subsection.

(4) After September 1, 2009, a teacher who has completed eighteen quarter credit hours (twelve semester credit hours) of course work applicable to an endorsement, other than special education for which subsection (3) of this section applies, shall be eligible for a conditional waiver from the professional educator standards board. Approved conditional waivers will allow a teacher to be employed in the subject matter area for which they do not hold the endorsement as long as they verify enrollment in an endorsement program within six months of their assignment and attain the full endorsement within four years. Application for a conditional waiver shall be made by both teachers and districts to the professional educator standards board.

[Statutory Authority: RCW 28A.410.210. 08-12-056, 181-82-110, filed 6/2/08, effective 7/3/08; 06-14-010, 181-82-110, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-82-110, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 03-04-023, 180-82-110, filed 1/27/03, effective 2/27/03. Statutory Authority: RCW 28A.150.220(4), 28A.305.130(1), 28A.410.018. 00-18-063, 180-82-110, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-04-008, 180-82-110, filed 1/21/99, effective 2/21/99.]

Washington State Code Reviser's Office