[Filed October 2, 2019, 11:51 a.m.]
Preproposal statement of inquiry was filed as WSR 19-13-068.
Title of Rule and Other Identifying Information: WAC 181-86-145 Appeal procedure—Informal SPI review.
Hearing Location(s): On November 15, 2019, at 8:30 a.m., at the Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA 98662.
Date of Intended Adoption: November 15, 2019.
Submit Written Comments to: The Professional Educator Standards Board (PESB), 600 Washington Street S.E., Room 400, Olympia, WA 98504, email firstname.lastname@example.org, by November 10, 2019.
Assistance for Persons with Disabilities: Contact PESB, phone 360-725-6275, email email@example.com, by November 10, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC to clarify timeline for notification in certification appeals.
Reasons Supporting Proposal: The language currently is unclear regarding notification in certification appeals. There needs to be clear language allowing for operations of both the certification office and the office of professional practice.
Statutory Authority for Adoption: Chapter 28A.410
Statute Being Implemented: Chapter 28A.410
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: PESB, governmental.
Name of Agency Personnel Responsible for Drafting: Maren Johnson, 600 Washington Street S.E., Olympia, WA 98504, 360-725-6275; Implementation and Enforcement: PESB, 600 Washington Street S.E., Olympia, WA 98504, 360-725-6275.
A school district fiscal impact statement is not required under RCW 28A.305.135
October 2, 2019
AMENDATORY SECTION(Amending WSR 18-01-022, filed 12/8/17, effective 1/8/18)
WAC 181-86-145Appeal procedure—Informal SPI review.
Any person who appeals the decision or order to deny his or her application, the issuance of a reprimand, or the order to suspend or revoke his or her certificate must file a written notice with the superintendent of public instruction within thirty calendar days following the date of postmarked mailing or other notification, whichever is earlier, from the section of the superintendent of public instruction's office responsible for certification of the decision or order.
The written notice must set forth the reasons why the appellant believes his or her application should have been granted or why his or her certificate should not be suspended or revoked, or why the reprimand should not be issued whichever is applicable.
Following timely notice of appeal, the superintendent of public instruction shall appoint a review officer who shall proceed as follows:
(1) If the appeal does not involve good moral character, personal fitness, or unprofessional conduct, the review officer shall review the application and appeal notice and may request further written information including, but not limited to, an explanation from the person or persons who initially reviewed the application of the reason(s) why the application was denied. If the review officer deems it advisable, he or she shall schedule an informal meeting with the appellant, the person or persons who denied the application, and any other interested party designated by the review officer to receive oral information concerning the application. Any such meeting must be held within thirty calendar days of the date of receipt by the superintendent of public instruction of the timely filed appeal notice.
(2) If the appeal involves good moral character, personal fitness, or acts of unprofessional conduct, the review officer shall schedule an informal meeting of the applicant or certificate holder and/or counsel for the applicant or certificate holder with the admissions and professional conduct advisory committee. Such meeting shall be scheduled in accordance with the calendar of meetings of the advisory committee: Provided, That notice of appeal must be received at least fifteen calendar days in advance of a scheduled meeting.
(3) Send by certified mail a written decision (i.e., findings of fact and conclusions of law) on the appeal within thirty calendar days from the date of post-marked mailing the timely filed appeal notice or informal meeting, whichever is later. The review officer may uphold, reverse, or modify the decision to deny the application, the order to reprimand, or the order to suspend or revoke the certificate.
(4) The timelines stated herein may be extended by the review officer for cause.
(5) Provided, That in the case of an action for suspension or revocation of a certificate, the review officer, if so requested by an appellant, shall delay any review under this section until all quasi-judicial administrative or judicial proceedings (i.e., criminal and civil actions), which the review officer and the appellant agree are factually related to the suspension or revocation proceeding, are completed, including appeals, if the appellant signs the agreement stated in WAC 181-86-160. In requesting such delay, the appellant shall disclose fully all pending quasi-judicial administrative proceedings in which the appellant is involved.