WSR 24-03-159
PROPOSED RULES
PROFESSIONAL EDUCATOR
STANDARDS BOARD
[Filed January 24, 2024, 7:08 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 23-21-039.
Title of Rule and Other Identifying Information: WAC 181-78A-105 Procedures for initial approval of an educator preparation program.
Hearing Location(s): On March 21, 2024, at 8 a.m., in SeaTac, Washington. Exact meeting location and a link to listen to the meeting virtually will be available several weeks prior to the meeting. More information regarding this can be found on our website https://www.pesb.wa.gov/about-us/board-meetings/.
Date of Intended Adoption: March 21, 2024.
Submit Written Comments to: Professional Educator Standards Board (PESB), P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, email pesb@k12.wa.us, by 8 a.m., Monday, March 18, 2024.
Assistance for Persons with Disabilities: Contact PESB, phone 360-725-6275, email pesb@k12.wa.us, by Thursday, March 7, 2024.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The new WAC language changes the name of "27 month review" to "initial review" and also addresses the barrier to the school counselor preparation program approval timeline.
Reasons Supporting Proposal: To address the barrier for the school counselor and school psychologist preparation program approval and review process/timeline.
Statutory Authority for Adoption: Chapter 28A.410 RCW.
Statute Being Implemented: Chapter 28A.410 RCW.
Rule is necessary because of federal law, 50 U.S.C. 4025a.
Name of Proponent: PESB, governmental.
Name of Agency Personnel Responsible for Drafting: Michael Nguyen, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-489-4471; Implementation: Jeffrey Youde, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-870-0143; and Enforcement: Erica Hernandez-Scott, P.O. Box 47236, 600 Washington Street S.E., Olympia, WA 98504-7236, 360-890-2443.
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.
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 adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Scope of exemption for rule proposal:
Is fully exempt.
January 24, 2024
Michael Nguyen
Rules Coordinator
OTS-5108.2
AMENDATORY SECTION(Amending WSR 21-20-052, filed 9/28/21, effective 10/29/21)
WAC 181-78A-105Procedures for initial approval of an educator preparation program.
A prospective provider desiring to establish a preparation program shall comply with the following:
(1) Notification of intent. Prospective providers must submit the appropriate form, published by the professional educator standards board, declaring an intent to apply for approval to offer an educator preparation program or a new educator certification program.
(a) The notification of intent will be posted on the board website as public notice.
(b) The board will contact the prospective provider to begin the preproposal process.
(2) Preproposal. The prospective provider will develop and submit a preproposal that addresses all requirements approved and published by the board including evidence of necessary capacity, resources, and projected sustainability of the program. After board staff verify the preproposal is complete, the preproposal will be brought to the board.
(3) Final proposal. The prospective provider may be approved to develop a final proposal or the preproposal may be denied.
(a) If denied, the provider may resubmit its preproposal informed by suggestions of the board.
(b) If the preproposal is approved by the board, the prospective provider must develop and submit a written plan which addresses all final proposal elements including domains, components, and other program approval requirements contained in chapter 181-78A WAC and published by the board, including letters of support from partner districts and/or community agencies as evidence of how the program will meet Washington educator workforce needs.
(c) Final proposals submitted by prospective providers of school counselor preparation programs shall include evidence of seeking accreditation as soon as eligible by the council for the accreditation for counseling and related education programs.
(d) Final proposals submitted by prospective providers of school psychologist programs shall include evidence of seeking accreditation by the National Association for School Psychologists.
(4) After reviewing a prospective provider's final program proposal, the board may approve or deny the program approval:
(a) The program may be approved in a specific location(s) for an initial approval period of up to ((twenty-seven))27 months following the beginning of instruction. The prospective provider must notify the board when instruction has begun. If initial approval is denied, the prospective provider may resubmit a revised plan informed by suggestions given by the board and its staff.
(b) School counselor and school psychologist programs: Approve the program for a time period to align with their respective national association approvals.
(5) Prior to the expiration of initial approval, staff of the board shall conduct a site visit to determine if the program is in full compliance and performance aligned with the state approval requirements. This includes a review of all applicable indicators and domain components for the type of program.
(a) The ((twenty-seven-month))initial review is a formal review to evaluate recently approved educator preparation programs and consider them for continued approval.
(i) The formal review will incorporate the following elements:
(A) The board shall determine the schedule for formal reviews and the forms of documentation and validation that will be used for evaluation.
(B) Preparation program providers will submit requested evidence to the staff of the board.
(C) A review team will review the evidence and request additional information including information provided through documents and interviews with program provider staff or affiliates as needed. One board staff member will serve as chair on the review team during the review process but will not serve in an evaluative role. Additional members of the review team shall include ((on))one member of the ((programs))program's professional educator advisory board, one P-12 practitioner with expertise related to the program scheduled for review, and two representatives of peer programs. Any two of these review team members, or two additional members must be identified individuals with expertise related to the domains of practice and standard components identified in annual written program feedback analyses.
(ii) The ((twenty-seven-month))initial review team will use multiple data sources to address the specific goals listed in this section.
(A) The ((twenty-seven-month))initial review team and the preparation program provider will use annual performance indicator data available at the time of review. Performance of programs on board approved indicators will be used by the review team to write the review report and by the board in consideration of the program's continued approval status.
(B) The ((twenty-seven-month))initial review team and the preparation program provider will use evidence compiled by the provider that demonstrates performance aligned with all program standards and requirements. Programs' demonstration of upholding board approved standards and requirements will be used by the review team to write the review report and will be used by the board in consideration of continued approval status. Staff of the board will offer program providers guidance regarding the evidence required, how it may be gathered and used, and how it must be submitted.
(C) The ((twenty-seven-month))initial review team and the preparation program provider will evaluate whether and to what degree the provider of the program under review has implemented the program in alignment with the goals and design for which it was approved. Fidelity to approved program designs and outcomes will be used by the review team to write the review report and by the board in consideration of continued approval status.
(D) The ((twenty-seven-month))initial review team and the preparation program provider will evaluate whether and to what degree the provider of the program under review has demonstrated continuous improvement in its implementation and outcomes. Providers' ability to demonstrate continuous improvement in processes and outcomes will be used by the review team to write the review report and by the board in consideration of continued approval status.
(iii) Following the review, the review team will provide a report identifying any areas of practice in which program performance is out of alignment with standards and requirements.
(A) The report may also verify or contradict that the approved indicators or thresholds are functioning as intended.
(B) The review team's report and other appropriate documentation will be submitted to the provider and the board within six months of the formal ((twenty-seven-month))initial review.
(C) Providers may submit a reply to the review team report within three weeks following receipt of the report. The board shall publish the process for submitting and reviewing the reply.
(D) In considering the review team's report, the board may request additional information for review, or take action to extend or change the educator preparation program's approval status.
(iv) Based upon the review team's report, the program provider's response, and any subsequent requests for information, as applicable, the board shall take one of the following actions:
(A) The board shall give full approval as described in WAC 181-78A-110 (1)(a).
(B) Limited approval as described in WAC 181-78A-110 (1)(b).
(C) Disapproval as described in WAC 181-78A-110 (1)(c).
(v) The board's staff may provide technical assistance to providers to help them improve their performance as described in WAC 181-78A-110 (1)(b)(iv).
(b) A provider may request a hearing in instances where it disagrees with the professional educator standards board's decision. This request must be made within ((twenty))20 days from the decision date. The hearing will be conducted through the office of administrative hearings by an administrative law judge under chapter 34.05 RCW. The provider seeking a hearing will provide a written request to the board in accordance with WAC 10-08-035.