As used in this chapter, the term "approved in-service education agency" shall mean an agency approved by the professional educator standards board to provide in-service education programs and to grant continuing education credit hours to all or a selective group of educators. Such agency must demonstrate the following characteristics:

(1) The agency is one of the following entities or a department or section within such entities:

(a) A college or university referenced in WAC 181-85-025(1);

(b)(i) An organization which for the purpose of this chapter shall mean any local, state, regional, or national organization which offers in-service education programs to teachers, administrators, educational staff associates, or paraeducators. These organizations must be nonprofit or not-for-profit organizations;

(ii) Organizations shall provide documentation of their nonprofit or not-for-profit status ((to the superintendent of public instruction)) as part of their annual assurances of compliance with program and recordkeeping standards under WAC 181-85-210;

(iii) Organizations that are filed as a 501 (c)(4) with the Internal Revenue Service shall not be approved as continuing education providers.

(c) A school district, an educational service district, the superintendent of public instruction, or any local, state, or federal agency;

(d) An approved private school which for the purpose of this chapter shall mean the same as provided in WAC 180-90-112; or

(e) An educator preparation program provider approved under chapter 181-78A or 181-77A WAC by the professional educator standards board.

(2) The in-service education agency has either a committee or board of directors that provide prior approval to proposed in-service education programs on the basis that the proposed programs are designed to meet the program standards set forth in WAC 181-85-200, and the content standards in WAC 181-85-202.

The committee will be composed of individuals who may include teachers, educational staff associates, administrators, paraeducators, community members, or representatives from colleges and universities.

(3) Beginning in the 2025-26 school year, in-service education agencies providing continuing education under WAC 181-79A-244(3) shall submit the following as part of the application process:

(a) The entity's mission and vision;

(b) The entity's experience and expertise in providing professional development to educators generally, as well as specific experience and expertise in equity-based practices;

(c) Possible subject matter topics of continuing education to be provided by the entity;

(d) Information on clock hour pricing;

(e) Transcript processes.

(4) School districts, tribal compact schools, and the superintendent of public instruction shall be considered to be approved in-service education agencies.

Holders of certificates affected by this chapter shall retain the necessary in-service records from the approved in-service provider for the purpose of any audit by the superintendent of public instruction or professional educator standards board. Such holders shall be notified on such form that the falsification or deliberate misrepresentation, including omission, of a material fact on such form subjects the holder to revocation of his or her certificate under RCW 28A.410.090(6), and chapters 181-86 and 181-87 WAC. A copy of such completed form should be retained by the holder for possible disputes arising under this chapter and for other purposes that may arise, including verification of in-service hours completed for a current or prospective employer.

All in-service education programs provided by approved in-service education agencies shall meet the following program standards if continuing education credit hours are to be offered:

(1) The objectives of the in-service program—i.e., intended outcomes—shall be written for each in-service education program.

(2) The content of the in-service education program shall be set forth in a program agenda which shall specify the program objectives, the dates of each session, the number of continuing education credit hours to be offered, and the names and a short description of the qualifications of each instructor, for example, the instructor's relevant experience, academic background, or current professional position.

(3) All in-service education instructors shall have academic or professional experience which specifically qualifies them to conduct the in-service education program, for example, expertise in a particular content area, field, or occupation.

(4) The program agenda and program materials, prepared, designed, or selected for the in-service education program shall be available to all attendees.

(5) The in-service education program must relate to one or more of the content standards in WAC 181-85-202.

(6) The in-service education agency shall provide program evaluations to the participants, and, to the extent possible, collect these evaluations, in order to determine:

(a) The extent to which the written objectives have been met;

(b) Participant perception of relevance and quality of the offering;

(c) The extent to which activities identified in subsection (5) of this section, addressed by the in-service program, have been met;

(d) The extent to which the in-service program provided the opportunity for participants to reflect on next steps or implementation of the learning in their practice; and

(e) Suggestions for improving the in-service education program if repeated.

(7) The in-service education agency shall compile the evaluations received in subsection (6) of this section in summary form. Summary evaluation results for each in-service education agency offering shall be accessible ((to office of superintendent of public instruction staff)) for review.

(8) The designated administrator of each in-service education agency shall assess the value and success of such program and periodically report his or her findings, along with a summary of the evaluation results, to the board of directors or in-service education agency committee that authorized the in-service program.

(9) The standards for recordkeeping as provided in WAC 181-85-205 shall apply.

(10) The in-service education agency must permit a designated representative ((of the superintendent of public instruction)) to attend the in-service education program at no charge and permit such representative to receive a copy of the program materials required by subsection (4) of this section also at no charge.

(11) The in-service education agency must provide each registrant with appropriate forms for claiming continuing education credit hours.

(12) The provisions of this section do not apply to credit or continuing education hours awarded by accredited institutions of higher education under WAC 181-79A-030; course work continuing education hours awarded by a vocational-technical college; hours awarded by the department of children, youth, and families under WAC 181-85-030; hours awarded under WAC 181-85-033; or hours awarded under WAC 181-85-077 which satisfy department of health licensure requirements.

(13) An entity providing an administrator or teacher continuing education program focused on equity-based school practices or the national professional standards for education leaders must publicly post the learning objectives of the program on its website. If the entity does not have a website, it must post the learning objectives of the program in a conspicuous place in the entity's main office and submit a copy of the learning objectives to the Washington professional educator standards board.

Each approved in-service education agency shall provide the following record service:

(1) Documentation that the in-service education program, including the program agenda as described in WAC 181-85-200(2), received approval by the board or committee under WAC 181-85-045(2) prior to offering the in-service program;

(2) A copy of the summary of evaluations required by WAC 181-85-200(7);

(3) A copy of the minutes of the board or committee which demonstrates that such board or committee reviewed the evaluation required by WAC 181-85-200(6);

(4) A list, for each in-service education program, of all participants who have requested continuing education credit hours by signing a registration form made available at the in-service education program. Such registration form shall provide space for the registrant to indicate they are requesting fewer hours than the amount calculated for the entire in-service education program due to partial attendance;

(5) The registrant shall be provided a form to be completed at the in-service education program which includes the necessary information for recording in-service credits, and upon request if such request is made within seven calendar years of such in-service education program, including the number of continuing education credit hours recorded. In addition, the registrant shall be given specific instructions regarding the need to preserve the record and how to correct the record if attendance or credit hours has been recorded by the approved in-service education agency inaccurately; and

(6) The above records shall be available for inspection ((by the superintendent of public instruction)) for a period of seven calendar years from the date of each in-service education program. The amendments to this section reducing the amount of recordkeeping by in-service providers shall apply retroactively to August 31, 1987.

Annual assurances shall be completed as follows:

(1) School districts shall be requested, when submitting the annual basic education compliance report, to provide an assurance that any in-service education program to be provided by such district and for which continuing education credit hours will be granted shall comply with the applicable program and recordkeeping standards within this chapter.

(2) Approved private schools shall be requested, when applying for annual approval, to provide an assurance that any in-service education program to be provided by such private school and for which continuing education credit hours will be granted shall comply with the applicable program and recordkeeping standards within this chapter.

(3) Approved in-service education agencies and other in-service education agencies seeking approval status shall provide on forms provided by the ((superintendent of public instruction))professional educator standards board, an annual assurance and description of how any in-service education program to be provided by such agency and for which continuing education credit hours will be granted shall comply with the applicable program standards and recordkeeping within this chapter.

These forms will identify, at a minimum, the members of the clock hour committee or board of directors under WAC 181-85-045; will identify the designated administrator of the in-service education agency under WAC 181-85-200; and will provide the address of the in-service education agency website. If the in-service education agency does not host a website, the physical address will be provided. Additional information may be requested as determined by the ((superintendent of public instruction))professional educator standards board.

The superintendent of public instruction will review these forms for completeness.

All approved in-service education agencies shall be audited ((by the superintendent of public instruction)) on a selective basis, which may include responses to complaints or other evidence of possible noncompliance, with the number of actual audits per year left to the discretion of the ((superintendent of public instruction))professional educator standards board.

(1) ((If an audit by the superintendent of public instruction finds that an approved in-service education agency is not in substantial compliance with the provisions of this chapter, the superintendent of public instruction shall document violations of the regulations—i.e., written findings of fact and conclusions of law—and notify such provider of corrective action necessary to achieve substantial compliance. If such in-service education agency fails to provide an assurance within 20 calendar days that such corrective action will be implemented, the superintendent of public instruction shall notify the agency that it is no longer eligible to provide continuing education credit hours in its in-service education program until the agency provides an assurance to the superintendent of public instruction that corrective action will be implemented which will satisfy the substantial compliance standard. If the approved in-service agency has more than one department or section operating in-service programs, then only the department or section within such agency that fails to comply with the provisions of this chapter shall no longer be eligible to provide continuing education credit hours.

(2))) If an audit ((by the professional educator standards board)) finds that an approved in-service education agency is not in substantial compliance with the provisions of this chapter, the superintendent of public instruction and/or the professional educator standards board shall document violations of the regulations—i.e., written findings of fact and conclusions of law—and notify such provider of corrective action necessary to achieve substantial compliance as well as a time frame for compliance. If such in-service education agency fails to provide an assurance within ((20 calendar days))the time frame that such corrective action ((will be))is being implemented, the ((professional educator standards board shall notify the agency that it is))provider may be notified that they are no longer eligible to provide continuing education credit hours in its in-service education program until the agency ((provides an assurance to the professional educator standards board that corrective action will be implemented which will satisfy))satisfies the substantial compliance standard. If the approved in-service agency has more than one department or section operating in-service programs, then only the department or section within such agency that fails to comply with the provisions of this chapter shall no longer be eligible to provide continuing education credit hours.

Any finding of noncompliance ((by the superintendent of public instruction)) under WAC 181-85-220 may be appealed to the professional educator standards board for review. The filing of a notice of appeal shall cause a stay of any order ((by the superintendent of public instruction)) until the professional educator standards board makes an independent determination on the issue of substantial compliance. If the professional educator standards board concurs that the approved in-service education agency has failed to substantially comply with the applicable provisions of this chapter, the professional educator standards board shall prescribe the corrective action necessary to achieve substantial compliance. Such in-service education agency or department or section within such agency, whichever is applicable, upon receipt of notice of action by the professional educator standards board, shall be denied the authority to grant any continuing education credit hours for any subsequent in-service education program until the agency provides an assurance ((to the superintendent of public instruction)) that corrective action prescribed by the professional educator standards board ((will be))is being implemented.