PROFESSIONAL EDUCATOR

[Filed March 23, 2020, 10:17 a.m.]

Preproposal statement of inquiry was filed as WSR 19-13-072.

Title of Rule and Other Identifying Information: WAC 181-79A-130, 181-79A-131, and 181-79A-134, use of certificate fees.

Hearing Location(s): On May 21, 2020, at 8:00 a.m., at the Hampton Inn, 486 Bradley Boulevard, Richland, WA 99352.

Date of Intended Adoption: May 21, 2020.

Submit Written Comments to: Professional Educator Standards Board, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, email pesb@k12.wa.us, by May 18, 2020, 8:00 a.m.

Assistance for Persons with Disabilities: Contact professional educator standards board (PESB), phone 360-725-6275, email pesb@k12.wa.us, by May 14, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This WAC amendment describes the use of certificate fees as described in RCW 28A.410.060.

Reasons Supporting Proposal: This policy clarifies the use of certificate fees, and updates language regarding how certificate fees are processed.

Statutory Authority for Adoption: Chapter 28A.410 RCW.

Statute Being Implemented: Chapter 28A.410 RCW.

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, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-725-6264; Implementation and Enforcement: PESB, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-725-6275.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The probable benefits of the rule are greater than its probable cost.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

AMENDATORY SECTION(Amending WSR 14-11-076, filed 5/20/14, effective 6/20/14)

WAC 181-79A-130Fees for ((certification))certificates.

(1) ((In accordance with))Under provisions of RCW 28A.410.060 and 28A.415.010, the fee for certificates ((which))that are valid for more than one year, issued by authority of the state of Washington and authorizing the holder to serve in the common schools of the state, shall be as follows:

(a) The first issue of the residency certificate, five dollars for each year of validity;

(b) The continuing certificate, seventy dollars;

(d) The first peoples' language, culture, and oral tribal traditions teacher certificate, twenty-five dollars; ((and))

(e) All career and technical education certificates, one dollar;

(f) Any other certificate or credential or any renewal thereof, five dollars for each year of validity((:

(i) Provided, That the fee for all career and technical education certificates shall be one dollar;

(ii) Provided, That)); and

(g) A one-time late fee for a renewed initial or continuing certificate issued under the provisions of WAC 181-79A-123 (7), (8), or (9) for those whose initial certificate had already expired shall be one hundred dollars.

(2) The fee for any other certificate((/))or credential, or for any renewal thereof, issued by the authority of the state of Washington and authorizing the holder to serve in the common schools of the state, shall be five dollars.

(3) Officials authorized to collect ((certification))certificate fees are educational service district superintendents, deans and directors of education at colleges and universities, or their designees. Sovereign tribal governments may collect ((certification))certificate fees for first peoples' language, culture, and oral tribal traditions certificates. The fee must accompany the application for a certificate and shall be transmitted by the receiving district, college or university, sovereign tribal government or program unit designee at least quarterly to the educational service district within which the application is filed for disposition in accordance with provisions of RCW 28A.410.060 or to the office of the superintendent of public instruction.

(4) Beginning September 1, 2013, the office of the superintendent of public instruction may collect ((certification))certificate fees.

(5) The fee shall not be refunded unless the application is withdrawn before it is finally considered (i.e., the issuance of a certificate or a written communication denying such issuance) by the superintendent of public instruction or his or her designee. ((Moneys accrued from certification fees shall be divided in the following manner:

(a) No less than fifty percent of the funds accruing within the boundaries of an educational service district shall be used to support program activities related to statewide precertification professional preparation and evaluation.

(b) The remaining funds shall be used to support professional in-service training programs, program evaluation and/or provision of certification services by educational service districts.))

AMENDATORY SECTION(Amending WSR 13-20-027, filed 9/23/13, effective 10/24/13)

WAC 181-79A-131Use of certificate fees((for certification)).

(1) ((Certification))Under RCW 28A.410.060, certificate fees will be used solely for ((precertification))one or more of the following:

(a) Precertificate preparation((,));

(b) Program evaluation((,)); or

(c) Professional in-service training programs((, and/or provision of certification services by educational service districts in accordance with this chapter)).

(2) ((Precertification))Precertificate preparation, program evaluation, and professional in-service training programs:

(a) The primary utilization shall be to support collaborative efforts essential to precertificate preparation, program development, program evaluation, and professional learning related to educator preparation and in-service educator development, including assessment of ((candidates' entry and exit))candidate competency.

(b) Funds set aside for ((precertification))precertificate preparation, program evaluation, and professional in-service training programs shall not supplant funds already available to any participating agency.

(c) ((Until September 1, 2013, a single educational service district may be designated to administer the funds allocated for precertification programs. The designated educational service district shall be permitted to retain a percentage of the precertification fees at a rate to be negotiated by the superintendent of public instruction and the educational service district for costs related to administering these funds. After September 1, 2013,))The office of the superintendent of public instruction may be designated to administer the funds allocated for ((precertification))the purposes described in this section per RCW 28A.410.200(7).

(((d) Each quarter, for any fees collected, every educational service district shall forward the moneys designated for precertification programs to the educational service district designated to administer such programs.

(3) Professional in-service training programs and teachers' institutes and/or workshops:

(a) Beginning with the state fiscal year 2015, the professional educator standards board shall biennially issue a request for proposal to eligible in-service education agencies per WAC 181-85-045 to submit applications for funds for the purpose of offering in-service continuing education provided per reporting requirements published by the board.

(b) Cooperative agreements may be made among educational service districts to provide quality in-service education programs.

(4) Provision of certification services:

(a) The primary utilization shall be to support costs associated with operating educational service district certification offices to provide direct service to educators related to certification.

(b) Funds set aside for the provision of certification services shall not supplant funds already available to any educational service district until such time as educational service districts are no longer receiving certificate fees.

(5)))(3) Allowable expenditures. Funds may be used to support costs related to ((training))the purposes described in this section, such as the payment of professional contractual services, per diem, travel costs, materials, printing, or released time. Nonallowable costs are college((/))or university tuition and fees.

WAC 181-79A-134Use of certificate fees for professional in-service training programs.

In addition to the uses described in WAC 181-79A-131, certificate fees will be used as described in this section to support professional in-service training programs.

(1) Beginning with the state fiscal year 2015, the professional educator standards board shall biennially issue a request for proposal to eligible in-service education agencies per WAC 181-85-045 to submit applications for funds for the purpose of offering in-service continuing education provided per reporting requirements published by the board.

(2) Cooperative agreements may be made among educational service districts to provide quality in-service education programs.

(3) Funds designated for in-service programs shall not supplant funds already available for such programs.

(4) Allowable expenditures. Funds may be used to support costs related to professional learning and growth, such as the payment of professional contractual services, per diem, travel costs, materials, printing, or released time. Nonallowable costs are college or university tuition and fees.