Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-09-074.

     Title of Rule and Other Identifying Information: Revises WAC 181-78A-100. Clarifies the relationship between professional educator standards board (PESB) approval and other national accreditation. Clarifies that delays in review for approval is not permitted.

     Hearing Location(s): ESD 112, Klickitat Room, 2500 N.E. 65th Avenue, Vancouver, WA 98661, on November 8, 2012, at 8:30 a.m.

     Date of Intended Adoption: November 8, 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 October 31, 2012.

     Assistance for Persons with Disabilities: Contact David Brenna by October 31, 2012, TTY (360) 664-3631 or (360) 725-6238.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends rules regarding the state approval relationship to existing credentials at preparation programs. Board has determined to not grant delays in the approval review schedule.

     Reasons Supporting Proposal: Attorney general recommendation.

     Statutory Authority for Adoption: RCW 28A.410.210.

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

     Name of Proponent: PESB, 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, (360) 725-6238, fax (360) 586-3631, e-mail david.brenna@k12.wa.us.

October 2, 2012

David Brenna

Senior Policy Analyst

OTS-5069.1

AMENDATORY SECTION(Amending WSR 12-12-033, filed 5/29/12, effective 6/29/12)

WAC 181-78A-100   Existing approved programs.   Chapter 181-78A WAC rules shall govern all policies related to programs upon adoption by the professional educator standards board, which shall provide assistance to programs in the revision of their existing programs.

     (1) The professional educator standards board shall determine the schedule for such approval reviews and whether an on-site visit or other forms of documentation and validation shall be used for the purposes of granting approval under program approval standards. In determining the schedule for site visits, the board shall take into consideration the partnership agreement between the state and ((the)) national ((Council for the)) accreditation ((of Teacher Education (NCATE))) organizations as such agreement relates to the ((NCATE)) accreditation cycle and allow ((NCATE)) CAEP accredited colleges/universities to follow the ((NCATE)) CAEP schedule for their state site visit. ((Non-NCATE)) Non-CAEP accredited colleges/universities shall have a state approval site visit every five years. The professional educator standards board may require more frequent site visits at their discretion pursuant to WAC 181-78A-110(2). The professional educator standards board will not consider requests for site visit delays.

     (2) Each institution shall submit its program for review when requested by the professional educator standards board to ensure that the program meets the state's program approval standards as follows:

     (a) At least six months prior to a scheduled on-site visit, the institution shall submit an institutional report that provides evidence and narrative, as needed, that addresses how the program approval standards are met for each preparation program undergoing review. Evidence shall include such data and information from the annual data submissions required per WAC 181-78A-255(2) as have been designated by the professional educator standards board as evidence pertinent to the program approval process.

     (b) The institutional report shall be reviewed by an off-site team whose membership is composed of:

     (i) One member of the professional educator standards board;

     (ii) One peer institution representative;

     (iii) One individual with assessment expertise;

     (iv) Two K-12 practitioners with expertise related to the programs scheduled for review; and

     (v) A designated professional educator standards board staff member who shall serve as team leader.

     (vi) Substitutions, drawn from (b)(i) through (iv) of this subsection, may be assigned when individuals are not available. Additions to the team shall be drawn from (b)(i) through (iv) of this subsection when necessary. The professional educator standards board liaison for that institution may be present, but shall not serve in an evaluative role. All members, including substitutes, shall be trained.

     (c) The review of the off-site team shall identify additional evidence and clarifications that may be needed to provide adequate support for the institutional report.

     (d) The report of the off-site team shall be submitted to the institution, which shall provide an addendum to the institutional report no later than five weeks preceding the on-site review.

     (e) The on-site visit shall be conducted in compliance with the protocol and process adopted and published by the professional educator standards board. The team shall be comprised of members of the off-site review team.

     (f) The final site visit report and other appropriate documentation will be submitted to the professional educator standards board.

     (g) Institutions may submit a reply to the report within two weeks following receipt of the report. The reply may address issues for consideration, including a request for appeal per this subsection (g), limited to ((factual errors,)) evidence that the review disregarded state standards, failed to follow state procedures for review, or failed to consider evidence that was available at the time of the review.

     (h) In considering the report, the professional educator standards board may grant approval according to WAC 181-78A-110 and 181-78A-100(1).

     (i) Institutions may request a hearing in instances where it disagrees with the professional educator standards board's decision. The hearing will be conducted through the office of administrative hearings by an administrative law judge per chapter 34.05 RCW. The institution seeking a hearing will provide a written request to the professional educator standards board in accordance with WAC 10-08-035.

     (3) Institutions seeking ((National)) Council for the Accreditation of ((Teacher Education)) Educator Preparation, Council for Accreditation of Counseling and Related Education Programs, and National Association of School Psychologist accreditation may request from the professional educator standards board approval for concurrent site visits which would utilize the same documentation with the exception of material submitted by the institution to the state for the professional education advisory boards and the accountability standards.

[Statutory Authority: RCW 28A.410.210. 12-12-033, § 181-78A-100, filed 5/29/12, effective 6/29/12; 12-02-028, § 181-78A-100, filed 12/28/11, effective 1/28/12; 10-08-017, § 181-78A-100, filed 3/29/10, effective 4/29/10; 08-16-005, § 181-78A-100, filed 7/23/08, effective 8/23/08; 06-24-082, § 181-78A-100, filed 12/5/06, effective 1/5/07; 06-14-010, § 181-78A-100, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as § 181-78A-100, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 05-15-052, § 180-78A-100, filed 7/12/05, effective 8/12/05; 05-04-056, § 180-78A-100, filed 1/28/05, effective 2/28/05; 04-21-038, § 180-78A-100, filed 10/15/04, effective 11/15/04. Statutory Authority: RCW 28A.305.130 and 28A.410.010. 04-04-090, § 180-78A-100, filed 2/3/04, effective 3/5/04; 02-18-037, § 180-78A-100, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 28A.305.130 (1) and (2). 00-09-049, § 180-78A-100, filed 4/14/00, effective 5/15/00. Statutory Authority: RCW 28A.305.130 (1) and (2), 28A.410.010 and 28A.150.220(4). 99-01-174, § 180-78A-100, filed 12/23/98, effective 1/23/99.]