WSR 21-19-023
EMERGENCY RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed September 8, 2021, 1:32 p.m., effective September 8, 2021, 1:32 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The office of superintendent of public instruction is adopting emergency rule revisions regarding data collection requirements on the annual S-275 school personnel report after the 2018 Washington legislature made significant changes to how school districts are funded and how educators are compensated. The Washington legislature no longer provides funding to school districts for teacher salary and benefits tied to their education level (degree and credits) and certificated years of experience. These rule revisions implement those changes while continuing to collect S-275 education and experience data as needed.
Citation of Rules Affected by this Order: Repealing WAC 392-121-255 through 392-121-262 and 392-121-266 through 392-121-299; and amending WAC 392-121-249, 392-121-250, and 392-121-264.
Statutory Authority for Adoption: RCW 28A.150.290(1).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: These rule revisions are needed to provide simplified, but accurate, data for the Washington legislature to review and rebase state salary allocations that align with the staffing costs for the state's program of basic education pursuant to RCW 28A.150.410
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 10.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 10.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 7, 2021.
Chris P. S. Reykdal
Superintendent of
Public Instruction
OTS-3062.3
AMENDATORY SECTION(Amending WSR 17-03-025, filed 1/6/17, effective 2/6/17)
WAC 392-121-249DefinitionAccredited institution of higher education.
As used in this chapter, "accredited institution of higher education" means an institution of higher education that has been accredited by a national or regional accrediting association recognized by the Washington student achievement council and the secretary of the U.S. Department of Education pursuant to WAC ((181-78A-010(7)))250-61-050.
AMENDATORY SECTION(Amending WSR 11-21-065, filed 10/17/11, effective 11/17/11)
WAC 392-121-250DefinitionHighest degree level.
As used in this chapter, the term "highest degree level" means:
(1) The highest degree earned by the employee from 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
(b) Holds a bachelor's or higher level degree and a valid vocational/career and technical education certificate, but:
(i) The bachelor's or higher level degree was not a requirement of any past or present education certificate or permit, 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)).
AMENDATORY SECTION(Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-264DefinitionCertificated years of experience.
Regardless of the experience factors used by a school district ((or)), charter school, or tribal compact school for the purposes of its salary schedule(s), as used in this chapter, the term "certificated years of experience" means the number of years of accumulated full-time and part-time ((professional education))certificated employment prior to the current reporting school year in the state of Washington, out-of-state, and a foreign country. School districts ((and)), charter schools, and tribal compact schools shall report all certificated years of experience including those beyond the experience limit of ((the school district's or charter school's))their salary schedule(s).
(1) ((Professional education))Certificated employment shall be limited to ((the following:
(a)))employment in public or private preschools or elementary and secondary schools in positions which require certification where((:
(i) Schools include the Centrum education program, the Pacific Science Center education program, educational centers authorized under chapter 28A.205 RCW, and Seattle Children's Hospital education program;
(ii)))certification means the concurrent public professional education licensing requirements established in the state, province, country, or other governmental unit in which employment occurred and which, for the state of Washington, refers to the certificates authorized by WAC 181-79A-140 and 181-79A-142, and temporary permits authorized by WAC 181-79A-128((;
(b) Employment in public or private vocational-technical schools, technical colleges, community/junior colleges, colleges, and universities in positions comparable to those which require certification in Washington school districts;
(c) Employment in a governmental educational agency with regional administrative responsibilities for preschool, elementary, and/or secondary education including but not limited to an educational service district, office of superintendent of public instruction, or United States department of education in any professional position including but not limited to C.P.A., architect, business manager, or physician;
(d) Experience in the following areas:
(i) Military, Peace Corps, or Vista service which interrupted professional education employment included in (a), (b), or (c) of this subsection; and
(ii) Sabbatical leave.
(e) For nondegreed vocational/career and technical education instructors, up to a maximum of six years of management experience as defined in WAC 181-77-003(6) acquired after the instructor meets the minimum vocational/career and technical education certification requirements of three years (six thousand hours) established in WAC 181-77-041 (1)(a)(i), regardless of when the initial certificate is issued and regardless of type of vocational/career and technical education certificate held. If a degree is obtained while employed in the state of Washington as a nondegreed vocational/career and technical education instructor, the eligible years of management experience pursuant to this subsection reported on Report S-275 prior to the awarding of the degree shall continue to be reported but shall not increase.
(f) Beginning in the 2007-08 school year, for occupational therapists, physical therapists, nurses, speech-language pathologists, audiologists, counselors, psychologists, and social workers regulated under Title 18 RCW, years of experience may include employment as occupational therapists, physical therapists, nurses, speech-language pathologists, audiologists, counselors, psychologists, and social workers, that does not otherwise meet the requirements of (a) through (e) of this subsection, subject to the following conditions and limitations:
(i) Experience included under this subsection shall be limited to a maximum of two years.
(ii) The calculation of years of experience shall be that one year of experience in a school or other nonschool position counts as one year of experience for the purposes of this subsection, per subsection (2)(a) of this section.
(iii) Employment as occupational therapists shall be limited to the following:
(A) In positions requiring licensure as an occupational therapist under Title 18 RCW, or comparable out-of-state employment; and
(B) While holding a valid occupational therapist license, or other comparable occupational therapist credential.
(iv) Employment as physical therapists shall be limited to the following:
(A) In positions requiring licensure as a physical therapist under Title 18 RCW, or comparable out-of-state employment; and
(B) While holding a valid physical therapist license, or other comparable physical therapist credential.
(v) Employment as nurses shall be limited to the following:
(A) In positions requiring licensure as a registered nurse under Title 18 RCW, or comparable out-of-state employment; and
(B) While holding a valid registered nurse license, or other comparable registered nurse credential.
(vi) Employment as speech-language pathologists or audiologists shall be limited to the following:
(A) In positions requiring the same or similar duties and responsibilities as are performed by speech-language pathologists or audiologists regulated under Title 18 RCW; and
(B) After completion of the minimum requirements for conditional certification as a school speech-language pathologist or audiologist established in WAC 181-79A-231 (1)(c)(iv).
(vii) Employment as counselors shall be limited to the following:
(A) In positions requiring the same or similar duties and responsibilities as are performed by counselors regulated under Title 18 RCW; and
(B) After completion of the minimum requirements for emergency certification as a school counselor established in WAC 181-79A-231(3).
(viii) Employment as psychologists shall be limited to the following:
(A) In positions requiring the same or similar duties and responsibilities as are performed by psychologists regulated under Title 18 RCW; and
(B) After completion of the minimum requirements for emergency certification as a school psychologist established in WAC 181-79A-231(3).
(ix) Employment as social workers shall be limited to the following:
(A) In positions requiring the same or similar duties and responsibilities as are performed by social workers regulated under Title 18 RCW; and
(B) After completion of the minimum requirements for emergency certification as a school social worker established in WAC 181-79A-231(3).
(x) Certificated years of experience as occupational therapists, physical therapists, nurses, speech-language pathologists, audiologists, counselors, psychologists, and social workers, determined pursuant to this subsection and reported on Report S-275, by teachers and other certificated staff who are no longer employed as occupational therapists, physical therapists, nurses, speech-language pathologists, audiologists, counselors, psychologists, and social workers, shall continue to be reported but shall not increase)).
(2) Years of full-time and part-time ((professional education))certificated employment prior to the current reporting school year are accumulated as follows:
(a) For each ((professional education))certificated employment which is not employment as a casual substitute pursuant to subsection (1)(((a))) of this section;
(i) Determine the total number of hours, or other unit of measure, per year for an employee working full-time with each employer;
(ii) Determine the number of hours, or other unit of measure, per year with each employer, including paid leave and excluding unpaid leave;
(iii) Calculate the quotient of the hours, or other unit of measure, determined in (a)(ii) of this subsection divided by the hours, or other unit of measure, in (a)(i) of this subsection rounded to ((two))one decimal place((s)) for each year.
(b) For ((professional education))certificated employment as a casual substitute pursuant to subsection (1)(((a))) of this section:
(i) Determine the total number of full-time equivalent substitute days per year;
(ii) Calculate the quotient of full-time equivalent days determined in (b)(i) of this subsection divided by ((180))one hundred eighty rounded to ((two))one decimal place((s)) for each year.
(c) No more than 1.0 year may be accumulated in any traditional nine-month academic year or any twelve-month period.
(i) Accumulate, for each year, ((professional education))certificated employment calculated in (a)(iii) and (b)(ii) of this subsection.
(ii) Determine the smaller of the result in (c)(i) of this subsection or ((1.00))1.0 for each year.
(d) Determine certificated years of experience as the accumulation of all years of ((professional education))certificated employment calculated in (c)(ii) of this subsection and report such years rounded to one decimal place.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 392-121-255
Definition—Academic credits.
WAC 392-121-257
DefinitionIn-service credits.
WAC 392-121-259
Definition—Nondegree credits.
WAC 392-121-261
Definition—Total eligible credits.
WAC 392-121-262
DefinitionAdditional criteria for all credits.
WAC 392-121-266
DefinitionLEAP salary allocation documents.
WAC 392-121-270
Placement of certificated instructional employees on LEAP salary allocation documents.
WAC 392-121-280
Placement on LEAP salary allocation documentsDocumentation required.
WAC 392-121-295
Definition—District average certificated instructional staff mix factor.
WAC 392-121-299
Determination of district average certificated instructional staff salary for the purpose of apportionment.