28A.410 - Certification.

28A.410.010 - Certification—Duty of professional educator standards board—Rules—Record check—Lapsed certificates—Superintendent of public instruction as administrator.

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    1. The Washington professional educator standards board shall establish, publish, and enforce rules determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require, at the applicant's expense, a criminal history record check of the applicant through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. An individual who holds a valid portable background check clearance card issued by the department of children, youth, and families consistent with RCW 43.216.270 is exempt from the office of the superintendent of public instruction fingerprint background check if the individual provides a true and accurate copy of his or her Washington state patrol and federal bureau of investigation background report results to the office of the superintendent of public instruction. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application. The superintendent of public instruction shall use the fingerprint criminal history record check information solely for the purpose of determining eligibility for a certificate under this section. The rules shall permit a holder of a lapsed certificate but not a revoked or suspended certificate to be employed on a conditional basis by a school district with the requirement that the holder must complete any certificate renewal requirements established by the state board of education within two years of initial reemployment.

    2. In establishing rules pertaining to the qualifications of instructors of American sign language the board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.

    3. The board shall develop rules consistent with RCW 18.340.020 for the certification of spouses of military personnel.

  2. The superintendent of public instruction shall act as the administrator of any such rules and have the power to issue any certificates or permits and revoke the same in accordance with board rules.

[ 2017 3rd sp.s. c 33 § 3; 2017 3rd sp.s. c 6 § 221; 2014 c 50 § 2; 2011 2nd sp.s. c 5 § 4; 2005 c 497 § 203; 2001 c 263 § 1; 1992 c 159 § 3; 1992 c 60 § 2; prior: 1988 c 172 § 3; 1988 c 97 § 1; 1987 c 486 § 8; 1975-'76 2nd ex.s. c 92 § 2; 1969 ex.s. c 223 § 28A.70.005; ]

28A.410.025 - Qualifications—Certificate or permit required.

No person shall be accounted as a qualified teacher within the meaning of the school law who is not the holder of a valid teacher's certificate or permit issued by lawful authority of this state.

[ 1969 ex.s. c 223 § 28A.67.010; 1909 c 97 p 306 § 1; RRS § 4844; prior: 1907 c 240 § 6; 1897 c 118 § 51; 1891 c 127 § 14; 1890 p 369 § 37; 1886 p 18 § 47; 1873 p 430 § 15; ]

28A.410.032 - Qualifications—Teachers of visually impaired—Rules.

Teachers of visually impaired students shall be qualified according to rules adopted by the professional educator standards board.

[ 2005 c 497 § 220; 1996 c 135 § 4; ]

28A.410.035 - Qualifications—Coursework on issues of abuse; sexual abuse and exploitation of a minor; and emotional or behavioral distress in students, including possible substance abuse, violence, and youth suicide.

  1. To receive initial certification as a teacher in this state after August 31, 1991, an applicant shall have successfully completed a course on issues of abuse. The content of the course shall discuss the identification of physical abuse, emotional abuse, sexual abuse, and substance abuse; commercial sexual abuse of a minor, as defined in RCW 9.68A.100; sexual exploitation of a minor, as defined in RCW 9.68A.040; information on the impact of abuse on the behavior and learning abilities of students; discussion of the responsibilities of a teacher to report abuse or provide assistance to students who are the victims of abuse; and methods for teaching students about abuse of all types and their prevention.

  2. The professional educator standards board shall incorporate into the content required for the course under this section, knowledge and skill standards pertaining to recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, and youth suicide. To receive initial certification after August 31, 2014, an applicant must have successfully completed a course that includes the content of this subsection. The board shall consult with the office of the superintendent of public instruction and the department of health in developing the standards.

[ 2013 c 197 § 3; 2013 c 10 § 2; 1990 c 90 § 1; ]

28A.410.040 - Initial-level certificates.

The Washington professional educator standards board shall adopt rules providing that, except as provided in this section, all individuals qualifying for an initial-level teaching certificate after August 31, 1992, shall possess a baccalaureate degree in the arts, sciences, and/or humanities and have fulfilled the requirements for teacher certification pursuant to RCW 28A.410.210. However, candidates for grades preschool through eight certificates shall have fulfilled the requirements for a major as part of their baccalaureate degree. If the major is in early childhood education, elementary education, or special education, the candidate must have at least thirty quarter hours or twenty semester hours in one academic field.

[ 2005 c 497 § 204; 1992 c 141 § 101; 1990 c 33 § 406; 1989 c 402 § 1; 1989 c 29 § 1; 1987 c 525 § 212; ]

28A.410.043 - School counselor certification.

A school counselor is a professional educator who holds a valid school counselor certification as defined by the professional educator standards board. The purpose and role of the school counselor is to plan, organize, and deliver a comprehensive school guidance and counseling program that personalizes education and supports, promotes, and enhances the academic, personal, social, and career development of all students, based on the national standards for school counseling programs of the American school counselor association.

[ 2007 c 175 § 2; ]

28A.410.044 - School psychologists and social workers—Domains and roles.

  1. A school psychologist is a professional educator who holds a valid school psychologist certification as defined by the professional educator standards board. Pursuant to the national association of school psychologists' model for comprehensive and integrated school psychological services, school psychologists deliver services across ten domains of practice. Two domains permeate all areas of service delivery: Data-based decision making; and consultation and collaboration. Five domains encompass direct and indirect services to children and their families: Student-level services, interventions, and instructional supports to develop academic skills; student-level interventions and mental health services to develop social and life skills; systems-level school-wide practices to promote learning; systems-level preventive and responsive services; and systems-level family school collaboration services. The three foundational domains include: Knowledge and skills related to diversity in development and learning; research and program evaluation; and legal and ethical practice.

  2. A school social worker is a professional in the fields of social work and education who holds a valid school social worker certification as defined by the professional educator standards board. The purpose and role of the school social worker is to provide an integral link between school, home, and community in helping students achieve academic and social success. This is accomplished by removing barriers and providing services that include: Mental health and academic counseling, support for students and parents, crisis prevention and intervention, professional case management, collaboration with other professionals, organizations, and community agencies, and advocacy for students and parents. School social workers work directly with school administrators as well as students and families, at various levels and as part of an interdisciplinary team in the educational system, including at the building, district, and state level. School social workers provide leadership and professional expertise regarding the formation of school discipline policies and procedures, and through school-based mental health services, crisis management, the implementation of social-emotional learning, and other support services that impact student academic and social-emotional success. School social workers also facilitate community involvement in the schools while advocating for student success.

[ 2018 c 200 § 3; ]

28A.410.045 - First peoples' language, culture, and oral tribal traditions teacher certification program—Established—Rules.

  1. The Washington state first peoples' language, culture, and oral tribal traditions teacher certification program is established. The professional educator standards board shall adopt rules to implement the program in collaboration with the sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington, including the tribal leader congress on education and the first peoples' language and culture committee. The collaboration required under this section shall be defined by a protocol for cogovernance in first peoples' language, culture, and oral tribal traditions education developed by the professional educator standards board, the office of the superintendent of public instruction, and the sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington.

  2. Any sovereign tribal government whose traditional lands and territories lie within the borders of the state of Washington may participate individually on a government-to-government basis in the program.

  3. Under the first peoples' language, culture, and oral tribal traditions teacher certification program:

    1. Only a participating sovereign tribal government may certify individuals who meet the tribe's criteria for certification as a teacher in the Washington state first peoples' language, culture, and oral tribal traditions teacher certification program. Tribal law enforcement agencies and the Washington state patrol shall enter into government-to-government negotiations regarding the exchange of background information on applicants for certification. The office of the superintendent of public instruction shall not authorize or accept a certificate or endorsement in Washington state first peoples' language, culture, and oral tribal traditions without certification from a participating sovereign tribal government and without conducting a record check of an individual applying for certification as required under RCW 28A.410.010;

    2. For each teacher to be certified in the program, the participating sovereign tribal government shall submit information and documentation necessary for the issuance of a state certificate, as defined by rule, to the office of the superintendent of public instruction;

    3. A Washington state first peoples' language, culture, and oral tribal traditions teacher certificate serves as a subject area endorsement in first peoples' language, culture, and oral tribal traditions. The holder of a Washington state first peoples' language, culture, and oral tribal traditions teacher certificate who does not also hold an initial, residency, continuing, or professional teaching certificate authorized by the professional educator standards board may be assigned to teach only the languages, cultures, and oral tribal traditions designated on the certificate and no other subject;

    4. In order to teach first peoples' language, culture, and oral tribal traditions, teachers must hold certificates from both the office of the superintendent of public instruction and from the sovereign tribal government; and

    5. The holder of a Washington state first peoples' language, culture, and oral tribal traditions teacher certificate meets Washington state's definition of a highly qualified teacher under the no child left behind act of 2001 (P.L. 107-110) for the purposes of teaching first peoples' language, culture, and oral tribal traditions, subject to approval by the United States department of education.

  4. First peoples' language/culture teacher certificates issued before July 22, 2007, under rules approved by the state board of education or the professional educator standards board under a pilot program remain valid as certificates under this section, subject to the provisions of this chapter.

  5. Schools and school districts on or near tribal reservations are encouraged to contract with sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington and with first peoples' language, culture, and oral tribal traditions teacher certification programs for in-service teacher training and continuing education in the culture and history appropriate for their geographic area, as well as suggested pedagogy and instructional strategies.

[ 2007 c 319 § 2; ]

28A.410.046 - Elementary mathematics specialists.

  1. For the purposes of this section, an elementary mathematics specialist is a certificated teacher who has demonstrated at least the following knowledge and skills:

    1. Enhanced mathematics content knowledge and skills necessary to provide students in grades kindergarten through eight a deep understanding of the essential academic learning requirements and performance expectations in mathematics;

    2. Knowledge and skills in a variety of instructional strategies for teaching mathematics content; and

    3. Knowledge and skills in instructional strategies targeted for students struggling with mathematics.

  2. The legislature encourages the professional educator standards board to develop standards for and adopt a specialty endorsement for elementary mathematics specialists as defined under this section.

  3. School districts may work with local colleges and universities, educator preparation programs, and educational service districts to develop and offer training and professional development opportunities in the knowledge and skills necessary for a teacher to be considered an elementary mathematics specialist under this section.

  4. School districts are encouraged to use elementary mathematics specialists for direct instruction of students using an itinerant teacher model where the specialist rotates from classroom to classroom within the school.

[ 2011 c 209 § 2; ]

28A.410.050 - Baccalaureate and master's degree equivalency requirements for vocational instructors—Rules.

The Washington professional educator standards board shall develop and adopt rules establishing baccalaureate and master's degree equivalency standards for vocational instructors performing instructional duties and acquiring certification after August 31, 1992.

[ 2005 c 497 § 205; 1992 c 141 § 102; 1989 c 29 § 2; 1987 c 525 § 215; ]

28A.410.060 - Fee for certification—Disposition.

The fee for any certificate, or any renewal thereof, issued by the authority of the state of Washington, and authorizing the holder to teach or perform other professional duties in the public schools of the state shall be not less than one dollar or such reasonable fee therefor as the Washington professional educator standards board by rule shall deem necessary therefor. The fee must accompany the application and cannot be refunded unless the application is withdrawn before it is finally considered. The educational service district superintendent, or other official authorized to receive such fee, shall within thirty days transmit the same to the treasurer of the county in which the office of the educational service district superintendent is located, to be by him or her placed to the credit of said school district or educational service district: PROVIDED, That if any school district collecting fees for the certification of professional staff does not hold a professional training institute separate from the educational service district then all such moneys shall be placed to the credit of the educational service district.

Such fees shall be used solely for the purpose of precertification professional preparation, program evaluation, professional in-service training programs, and provision of certification services by educational service districts, in accordance with rules of the Washington professional educator standards board herein authorized.

[ 2008 c 107 § 1; 2005 c 497 § 206; 1990 c 33 § 407; 1975-'76 2nd ex.s. c 92 § 3; 1975-'76 2nd ex.s. c 15 § 17; 1975 1st ex.s. c 275 § 134; 1975 1st ex.s. c 192 § 1; 1969 ex.s. c 176 § 144; 1969 ex.s. c 223 § 28A.70.110; prior: 1965 c 139 § 20; 1909 c 97 p 336 § 3; RRS § 4968; prior: 1897 c 118 § 142; ]

28A.410.062 - Initial educator certificates and paraeducator certificates—Application processing fee—Educator certification processing account.

  1. The legislature finds that the current economic environment requires that the state, when appropriate, charge for some of the services provided directly to the users of those services. The office of the superintendent of public instruction is currently supported with state funds to process certification fees. In addition, the legislature finds that the processing of certifications should be moved to an online system that allows educators to manage their certifications and provides better information to policymakers. The legislature intends to assess a certification processing fee to eliminate state-funded support of the cost to issue educator certificates.

  2. In addition to the certification fee established under RCW 28A.410.060 for certificated instructional staff as defined in RCW 28A.150.203, the superintendent of public instruction shall charge an application processing fee for initial educator certificates and subsequent actions, and paraeducator certificates and subsequent actions. The superintendent of public instruction shall establish the amount of the fee by rule under chapter 34.05 RCW. The superintendent shall set the fee at a sufficient level to defray the costs of administering the educator certification program under RCW 28A.300.040(9) and the paraeducator certificate program under chapter 28A.413 RCW. Revenue generated through the processing fee shall be deposited in the educator certification processing account.

  3. The educator certification processing account is established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received from the fees collected in subsection (2) of this section. Moneys in the account may be spent only for the processing of educator certificates and subsequent actions and paraeducator certificates and subsequent actions. Disbursements from the account shall be on authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

[ 2017 c 237 § 16; 2011 1st sp.s. c 23 § 1; ]

28A.410.070 - Registration of certificates.

  1. All certificates issued by the superintendent of public instruction shall be valid and entitle the holder thereof to employment in any school district of the state upon being registered by the school district if designated to do so by the school district, which fact shall be evidenced on the certificate in the words, "Registered for use in . . . . . . district," together with the date of registry, and an official signature of the person registering the same: PROVIDED, That a copy of the original certificate duly certified by the superintendent of public instruction may be used for the purpose of registry and endorsement in lieu of the original.

  2. The superintendent of public instruction may accept applications for educator certification that are submitted using an electronic signature from the applicant.

[ 2007 c 401 § 7; 1983 c 56 § 12; 1975-'76 2nd ex.s. c 92 § 4; 1975 1st ex.s. c 275 § 135; 1971 c 48 § 50; 1969 ex.s. c 223 § 28A.70.130; 1909 c 97 p 338 § 11; RRS § 4976; prior: 1897 c 118 § 147; ]

28A.410.080 - School year—For certification or qualification purposes.

The school year for all matters pertaining to teacher certification or for computing experience in teaching shall consist of not fewer than one hundred eighty school days.

[ 1969 ex.s. c 223 § 28A.01.025; 1909 c 97 p 262 § 3, part; RRS § 4687, part; prior: 1903 c 104 § 22, part; ]

28A.410.090 - Revocation or suspension of certificate or permit to teach—Reprimand—Criminal basis—Complaints—Investigation—Process.

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    1. Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules promulgated thereunder may be revoked or suspended by the authority authorized to grant the same based upon a criminal records report authorized by law, or upon the complaint of the professional educator standards board or any school district superintendent, educational service district superintendent, or private school administrator for lack of good moral character or personal fitness, violation of written contract, unprofessional conduct, intemperance, or crime against the law of the state. A reprimand may be issued as an alternative to suspension or revocation of a certificate or permit. School district superintendents, educational service district superintendents, the professional educator standards board, or private school administrators may file a complaint concerning any certificated employee of a school district, educational service district, or private school and this filing authority is not limited to employees of the complaining superintendent or administrator. Such written complaint shall state the grounds and summarize the factual basis upon which a determination has been made that an investigation by the superintendent of public instruction is warranted.

    2. If the superintendent of public instruction has reasonable cause to believe that an alleged violation of this chapter or rules adopted under it has occurred based on a written complaint alleging physical abuse or sexual misconduct by a certificated school employee filed by a parent or another person, but no complaint has been forwarded to the superintendent by a school district superintendent, educational service district superintendent, or private school administrator, and that a school district superintendent, educational service district superintendent, or private school administrator has sufficient notice of the alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an investigation to be made of the alleged violation, together with such other matters that may be disclosed in the course of the investigation related to certificated personnel.

  2. A parent or another person may file a written complaint with the superintendent of public instruction alleging physical abuse or sexual misconduct by a certificated school employee if:

    1. The parent or other person has already filed a written complaint with the educational service district superintendent concerning that employee;

    2. The educational service district superintendent has not caused an investigation of the allegations and has not forwarded the complaint to the superintendent of public instruction for investigation; and

    3. The written complaint states the grounds and factual basis upon which the parent or other person believes an investigation should be conducted.

  3. Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules adopted thereunder may be revoked or suspended by the authority authorized to grant the same upon complaint from the professional educator standards board alleging unprofessional conduct in the form of a fraudulent submission of a test for educators. A reprimand may be issued as an alternative to suspension or revocation of a certificate or permit. The professional educator standards board must issue to the superintendent of public instruction a written complaint stating the grounds and factual basis upon which the professional educator standards board believes an investigation should be conducted pursuant to this section. In all cases under this subsection, the person whose certificate is in question shall be given an opportunity to be heard and has the right to appeal as established in *RCW 28A.410.100.

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    1. Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a guilty plea or the conviction of any felony crime specified under RCW 28A.400.322, in accordance with this section. The person whose certificate is in question shall be given an opportunity to be heard.

    2. Mandatory permanent revocation upon a guilty plea or the conviction of felony crimes specified under RCW 28A.400.322(1) shall apply to such convictions or guilty pleas which occur after July 23, 1989, and before July 26, 2009.

    3. Mandatory permanent revocation upon a guilty plea or conviction of felony crimes specified under RCW 28A.400.322(2) shall apply to such convictions or guilty pleas that occur on or after July 26, 2009.

    4. Revocation of any certificate or permit authorized under this chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction of a crime specified under RCW 28A.400.322 occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section.

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    1. Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended or revoked, according to the provisions of this subsection, by the authority authorized to grant the certificate upon a finding that an employee has engaged in an unauthorized use of school equipment to intentionally access material depicting sexually explicit conduct or has intentionally possessed on school grounds any material depicting sexually explicit conduct; except for material used in conjunction with established curriculum. A first time violation of this subsection shall result in either suspension or revocation of the employee's certificate or permit as determined by the office of the superintendent of public instruction. A second violation shall result in a mandatory revocation of the certificate or permit.

    2. In all cases under this subsection (5), the person whose certificate is in question shall be given an opportunity to be heard and has the right to appeal as established in *RCW 28A.410.100. Certificates or permits shall be suspended or revoked under this subsection only if findings are made on or after July 24, 2005. For the purposes of this subsection, "sexually explicit conduct" has the same definition as provided in RCW 9.68A.011.

  6. Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a finding that the certificate holder obtained the certificate through fraudulent means, including fraudulent misrepresentation of required academic credentials or prior criminal record. In all cases under this subsection, the person whose certificate is in question shall be given an opportunity to be heard and has the right to appeal as established in *RCW 28A.410.100. Certificates or permits shall be revoked under this subsection only if findings are made on or after July 26, 2009.

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    1. In determining whether an individual lacks good moral character or personal fitness under this chapter, the superintendent of public instruction may consider founded reports of child abuse or neglect made by the **department of social and health services pursuant to RCW 26.44.030.

    2. The **department of social and health services shall furnish the superintendent with reports of founded findings of child abuse or neglect in a timely fashion, but shall not disclose to the superintendent screened-out, inconclusive, or unfounded reports as defined in RCW 26.44.020.

    3. If the **department of social and health services inadvertently furnishes the superintendent with a screened-out, inconclusive, or unfounded report in violation of this section, the superintendent shall:

      1. Not consider the information contained in the reports for any purpose;

      2. Notify the **department of social and health services of the violation of this section;

      3. Notify the subject of the reports at his or her last known address of the department of social and health service's violation; and

      4. Destroy the improperly disclosed reports.

[ 2017 3rd sp.s. c 33 § 4; 2013 c 163 § 1; 2009 c 396 § 5; 2005 c 461 § 2; 2004 c 134 § 2; 1996 c 126 § 2; 1992 c 159 § 4; 1990 c 33 § 408; 1989 c 320 § 1; 1975 1st ex.s. c 275 § 137; 1974 ex.s. c 55 § 2; 1971 c 48 § 51; 1969 ex.s. c 223 § 28A.70.160; 1909 c 97 p 345 § 1; RRS § 4992; prior: 1897 c 118 § 148; ]

28A.410.095 - Violation or noncompliance—Investigatory powers of superintendent of public instruction—Requirements for investigation of alleged sexual misconduct towards a child—Court orders—Contempt—Written findings required.

  1. The superintendent of public instruction may initiate and conduct investigations as may be reasonably necessary to establish the existence of any alleged violations of or noncompliance with this chapter or any rules adopted under it. For the purpose of any investigation or proceeding under this chapter, the superintendent or any officer designated by the superintendent may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the superintendent deems relevant and material to the inquiry.

  2. Investigations conducted by the superintendent of public instruction concerning alleged sexual misconduct towards a child shall be completed within one year of the initiation of the investigation or within thirty days of the completion of all proceedings, including court proceedings, resulting from an investigation conducted by law enforcement or child protective services if there is such an investigation. The superintendent of public instruction may take, for reasonable cause, additional time for completion of the investigation after informing the victim, the individual being investigated, and the school district that employs the individual being investigated of the reasons additional time is needed and the amount of additional time needed. Written notification must be provided to each of the parties who must be informed. The sole remedy for a failure to complete an investigation of sexual misconduct within the time allowed by this subsection is a civil penalty of fifty dollars per day for each day beyond the allowed time.

  3. If any person fails to obey a subpoena or obeys a subpoena but refuses to give evidence, any court of competent jurisdiction, upon application by the superintendent, may issue to that person an order requiring him or her to appear before the court and to show cause why he or she should not be compelled to obey the subpoena, and give evidence material to the matter under investigation. The failure to obey an order of the court may be punishable as contempt.

  4. Once an investigation has been initiated by the superintendent of public instruction, the investigation shall be completed regardless of whether the individual being investigated has resigned his or her position or allowed his or her teaching certificate to lapse. The superintendent shall make a written finding regarding each investigation indicating the actions taken, including a statement of the reasons why a complaint was dismissed or did not warrant further investigation or action by the superintendent, and shall provide such notice to each person who filed the complaint. Written findings under this section are subject to public disclosure under chapter 42.56 RCW.

  5. An investigation into sexual or physical abuse of a student by a school employee shall only be initiated by the superintendent of public instruction after the superintendent of public instruction verifies that the incident has been reported to the proper law enforcement agency or the department of social and health services as required under RCW 26.44.030.

[ 2005 c 274 § 245; 2004 c 134 § 1; 1992 c 159 § 5; ]

28A.410.100 - Revocation of authority to teach—Hearings.

Any teacher whose certificate to teach has been questioned under RCW 28A.410.090 shall have a right to be heard by the issuing authority before his or her certificate is revoked.

[ 2009 c 531 § 3; 2005 c 497 § 207; 1992 c 159 § 6; 1990 c 33 § 409; 1975 1st ex.s. c 275 § 138; 1971 c 48 § 52; 1969 ex.s. c 223 § 28A.70.170; 1909 c 97 p 346 § 3; RRS § 4994; ]

28A.410.106 - Certificate or permit suspension—Noncompliance with support order—Reissuance.

Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if the department of social and health services certifies that the person is not in compliance with a support order or a *residential or visitation order as provided in RCW 74.20A.320. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a release issued by the department of social and health services stating that the person is in compliance with the order.

[ 1997 c 58 § 842; ]

28A.410.108 - Reporting disciplinary actions to national clearinghouse.

For the purposes of reporting disciplinary actions taken against certificated staff to other states via a national database used by the office of the superintendent of public instruction, the following actions shall be reported: Suspension, surrender, revocation, denial, stayed suspension, reinstatement, and any written reprimand related to abuse and sexual misconduct. These actions will only be reported to the extent that they are accepted by the national clearinghouse, but if there are categories not included, the office of the superintendent of public instruction shall seek modification to the national clearinghouse format.

[ 2004 c 29 § 4; ]

28A.410.110 - Limitation on reinstatement after revocation—Reinstatement prohibited for certain felony crimes.

In case any certificate or permit authorized under this chapter or chapter 28A.405 RCW is revoked, the holder shall not be eligible to receive another certificate or permit for a period of twelve months after the date of revocation. However, if the certificate or permit authorized under this chapter or chapter 28A.405 RCW was revoked because of a guilty plea or the conviction of a felony crime specified under RCW 28A.400.322, the certificate or permit shall not be reinstated.

[ 2009 c 396 § 6; 1990 c 33 § 410; 1989 c 320 § 2; 1969 ex.s. c 223 § 28A.70.180; 1909 c 97 p 346 § 2; RRS § 4993; ]

28A.410.120 - Professional certification not required of superintendents or deputy or assistant superintendents.

Notwithstanding any other provision of this title, the Washington professional educator standards board or superintendent of public instruction shall not require any professional certification or other qualifications of any person elected superintendent of a local school district by that district's board of directors, or any person hired in any manner to fill a position designated as, or which is, in fact, deputy superintendent, or assistant superintendent.

[ 2005 c 497 § 208; 1990 c 33 § 411; 1975 1st ex.s. c 254 § 3; ]

28A.410.200 - Washington professional educator standards board—Creation—Membership—Executive director.

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    1. The Washington professional educator standards board is created, consisting of twelve members to be appointed by the governor to four-year terms and the superintendent of public instruction or the superintendent's designee. On August 1, 2009, the board shall be reduced to twelve members.

    2. Vacancies on the board shall be filled by appointment or reappointment by the governor to terms of four years.

    3. No person may serve as a member of the board for more than two consecutive full four-year terms.

    4. The governor shall biennially appoint the chair of the board. No board member may serve as chair for more than four consecutive years.

  2. A majority of the members of the board shall be active practitioners with the majority being classroom based. Membership on the board shall include individuals having one or more of the following:

    1. Experience in one or more of the education roles for which state preparation program approval is required and certificates issued;

    2. Experience providing or leading a state-approved teacher or educator preparation program;

    3. Experience providing mentoring and coaching to education professionals or others; and

    4. Education-related community experience.

  3. In appointing board members, the governor shall consider the individual's commitment to quality education and the ongoing improvement of instruction, experiences in the public schools or private schools, involvement in developing quality teaching preparation and support programs, and vision for the most effective yet practical system of assuring teaching quality. The governor shall also consider the diversity of the population of the state.

  4. All appointments to the board made by the governor are subject to confirmation by the senate.

  5. Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.

  6. The governor may remove a member of the board for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member.

  7. Members of the board shall hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes only.

  8. Members of the board may create informal advisory groups as needed to inform the board's work.

[ 2017 c 189 § 1; 2009 c 531 § 2; 2005 c 497 § 202; 2003 1st sp.s. c 22 § 1; 2002 c 92 § 1; 2000 c 39 § 102; ]

28A.410.210 - Washington professional educator standards board—Purpose—Powers and duties.

The purpose of the Washington professional educator standards board is to establish policies and requirements for the preparation and certification of educators that provide standards for competency in professional knowledge and practice in the areas of certification; a foundation of skills, knowledge, and attitudes necessary to help students with diverse needs, abilities, cultural experiences, and learning styles meet or exceed the learning goals outlined in RCW 28A.150.210; knowledge of research-based practice; and professional development throughout a career. The Washington professional educator standards board shall:

  1. Establish policies and practices for the approval of programs of courses, requirements, and other activities leading to educator certification including teacher, school administrator, and educational staff associate certification;

  2. Establish policies and practices for the approval of the character of work required to be performed as a condition of entrance to and graduation from any educator preparation program including teacher, school administrator, and educational staff associate preparation program as provided in subsection (1) of this section;

  3. Establish a list of accredited institutions of higher education of this and other states whose graduates may be awarded educator certificates as teacher, school administrator, and educational staff associate and establish criteria and enter into agreements with other states to acquire reciprocal approval of educator preparation programs and certification, including teacher certification from the national board for professional teaching standards;

  4. Establish policies for approval of nontraditional educator preparation programs;

  5. Conduct a review of educator program approval standards at least every five years, beginning in 2006, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and school specialized personnel;

  6. Specify the types and kinds of educator certificates to be issued and conditions for certification in accordance with subsection (1) of this section, RCW 28A.410.251, and 28A.410.010;

  7. Apply for and receive federal or other funds on behalf of the state for purposes related to the duties of the board;

  8. Adopt rules under chapter 34.05 RCW that are necessary for the effective and efficient implementation of this chapter;

  9. Maintain data concerning educator preparation programs and their quality, educator certification, educator employment trends and needs, and other data deemed relevant by the board;

  10. Serve as an advisory body to the superintendent of public instruction on issues related to educator recruitment, hiring, mentoring and support, professional growth, retention, educator evaluation including but not limited to peer evaluation, and revocation and suspension of licensure;

  11. Submit, by October 15th of each even-numbered year and in accordance with RCW 43.01.036, a joint report with the state board of education to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals set out in RCW 28A.150.210;

  12. Establish the prospective teacher assessment system for basic skills and subject knowledge that shall be required to obtain residency certification pursuant to RCW 28A.410.220 through 28A.410.240; and

  13. Conduct meetings under the provisions of chapter 42.30 RCW.

[ 2017 3rd sp.s. c 26 § 2; 2009 c 531 § 4; 2008 c 176 § 1; 2005 c 497 § 201; 2000 c 39 § 103; ]

28A.410.212 - Washington professional educator standards board—Duties.

The professional educator standards board shall:

  1. Develop and maintain a research base of educator preparation best practices;

  2. Develop and coordinate initiatives for educator preparation in high-demand fields as well as outreach and recruitment initiatives for underrepresented populations;

  3. Provide program improvement technical assistance to providers of educator preparation programs;

  4. Assure educator preparation program compliance; and

  5. Prepare and maintain a cohesive educator development policy framework.

[ 2009 c 531 § 1; ]

28A.410.220 - Washington professional educator standards board—Performance standards and professional-level certification assessment—Basic skills assessment—Assessment of subject knowledge—Administration of section—Rule-making authority.

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    1. The Washington professional educator standards board shall make available a means of assessing an applicant's knowledge in the basic skills. For the purposes of this section, "basic skills" means the subjects of at least reading, writing, and mathematics. An applicant must take this basic skills assessment, or an alternative or equivalent basic skills assessment as determined by the Washington professional educator standards board, and report the individual results to the Washington professional educator standards board and an approved teacher preparation program, for admission to the approved teacher preparation program.

    2. An approved teacher preparation program may use the results of the basic skills assessment, or an alternative or equivalent basic skills assessment as determined by the Washington professional educator standards board, as a formative assessment of academic strengths and weakness in determining the candidate's readiness for the program.

    3. The Washington professional educator standards board may establish criteria to ensure that persons from out-of-state who are applying for residency certification and persons applying to master's degree level teacher preparation programs can demonstrate to the board's satisfaction that they have the requisite basic skills.

    4. The Washington professional educator standards board may identify and accept other tests and test scores as long as the tests are comparable in rigor to the basic skills assessment and candidates meet or exceed the basic skills requirements established by the board.

  2. The Washington professional educator standards board shall set performance standards and develop, pilot, and implement a uniform and externally administered professional-level certification assessment based on demonstrated teaching skill. In the development of this assessment, consideration shall be given to changes in professional certification program components such as the culminating seminar.

  3. Beginning not later than September 1, 2002, the Washington professional educator standards board shall provide for the initial piloting and implementation of a means of assessing an applicant's knowledge in the subjects for which the applicant has applied for an endorsement to his or her residency or professional teaching certificate. The assessment of subject knowledge shall not include instructional methodology. Beginning September 1, 2005, passing this assessment shall be required to receive an endorsement for certification purposes.

  4. The Washington professional educator standards board may permit exceptions from the assessment requirements under subsections (1), (2), and (3) of this section on a case-by-case basis.

  5. The Washington professional educator standards board shall provide for reasonable accommodations for individuals who are required to take the assessments in subsection (1), (2), or (3) of this section if the individuals have learning or other disabilities.

  6. With the exception of applicants exempt from the requirements of subsections (2) and (3) of this section, an applicant must achieve a minimum assessment score or scores established by the Washington professional educator standards board on each of the assessments under subsections (2) and (3) of this section.

  7. The Washington professional educator standards board and superintendent of public instruction, as determined by the Washington professional educator standards board, may contract with one or more third parties for:

    1. The development, purchase, administration, scoring, and reporting of scores of the assessments established by the Washington professional educator standards board under subsections (1), (2), and (3) of this section;

    2. Related clerical and administrative activities; or

    3. Any combination of the purposes in this subsection.

  8. Applicants for admission to a Washington teacher preparation program and applicants for residency and professional certificates who are required to successfully complete one or more of the assessments under subsections (1), (2), and (3) of this section, and who are charged a fee for the assessment by a third party contracted with under subsection (7) of this section, shall pay the fee charged by the contractor directly to the contractor. Such fees shall be reasonably related to the actual costs of the contractor in providing the assessment.

  9. The superintendent of public instruction is responsible for supervision and providing support services to administer this section.

  10. The Washington professional educator standards board shall collaboratively select or develop and implement the applicable assessments and minimum assessment scores required under this section with the superintendent of public instruction and shall provide opportunities for representatives of other interested educational organizations to participate in the selection or development and implementation of such assessments in a manner deemed appropriate by the Washington professional educator standards board.

  11. The Washington professional educator standards board shall adopt rules under chapter 34.05 RCW that are reasonably necessary for the effective and efficient implementation of this section.

[ 2019 c 121 § 1; 2013 c 193 § 2; 2008 c 176 § 2; 2002 c 92 § 2; 2000 c 39 § 201; ]

The professional educator standards board shall, in its regular review and revision of teacher certification standards as required by RCW 28A.410.210, revise standards for the elementary education endorsement and middle level and secondary mathematics and science teacher endorsements as well as other subject area endorsements with STEM-related components. Standards revisions related to mathematics shall be adopted by September 1, 2013. Standards revisions related to science shall be adopted by September 1, 2014. The revised standards shall include the integration of science, technology, engineering, and mathematics (STEM) knowledge and skill and be aligned, as appropriate, with common core mathematics standards, the 2009 [2008] revision of state mathematics student learning standards and performance expectations, the biology end-of-course assessment, and the 2012 student science learning standards developed from the conceptual framework for science education and next generation standards and related student performance expectations. In addition to appropriate mathematics and science content, the endorsement standards must also include the concepts and instructional practices of the interdisciplinary connections with engineering and technology.

[ 2011 2nd sp.s. c 2 § 1; ]

  1. The professional educator standards board shall revise assessments for prospective teachers and teachers adding subject area endorsements required for teacher certification under RCW 28A.410.220 to measure the revised standards in RCW 28A.410.221.

  2. The professional educator standards board shall require that successful candidates for the residency certificate demonstrate effective subject specific instructional methods that address the revised standards.

[ 2021 c 198 § 5; 2011 2nd sp.s. c 2 § 2; ]

The professional educator standards board shall revise certificate renewal rules for teachers at the elementary and secondary levels in STEM-related subjects by September 1, 2014. The revised rules shall include the requirement that continuing education or professional growth plans for these teachers include a specific focus on the integration of science, mathematics, technology, and engineering instruction.

[ 2011 2nd sp.s. c 2 § 3; ]

28A.410.224 - Washington professional educator standards board—Standards for computer science endorsement.

The professional educator standards board shall, in its regular review and revision of teacher certification standards as required by RCW 28A.410.210, develop standards for a K-12 computer science endorsement. Standards related to computer science shall be adopted by January 15, 2016. The revised standards shall be aligned with the computer science learning standards developed by a nationally recognized computer science education organization and updated to include the standards adopted by the office of the superintendent of public instruction under RCW 28A.300.585. In addition to appropriate computer science content, the computer science endorsement standards must facilitate dual endorsement in computer science and mathematics or science, or another related endorsement in high demand as indicated by a school district.

[ 2015 1st sp.s. c 3 § 2; ]

28A.410.225 - Washington professional educator standards board—Endorsement requirements—Teachers of deaf and hard of hearing students.

The agency responsible for teacher certification shall develop certification endorsement requirements for teachers of deaf and hard of hearing students. The endorsement shall be focused on the specific skills and knowledge necessary to serve the education and communication needs of deaf and hard of hearing students. In establishing rules for the endorsement of teachers who will be working almost exclusively with students who are deaf or hard of hearing, the agency shall consider applicants to have met state endorsement requirements if they possess a baccalaureate or master's degree in deaf education from a teacher training program approved by the council on education of the deaf.

[ 2005 c 493 § 2; ]

28A.410.226 - Washington professional educator standards board—Training program on youth suicide screening—Certificates for school nurses, social workers, psychologists, and counselors—Adoption of standards.

  1. As provided under subsections (2) and (3) of this section, individuals certified by the professional educator standards board as a school nurse, school social worker, school psychologist, or school counselor must complete a training program on youth suicide screening and referral as a condition of certification. The training program must be at least three hours in length. The professional educator standards board must adopt standards for the minimum content of the training in consultation with the office of the superintendent of public instruction and the department of health. In developing the standards, the board must consider training programs listed on the best practices registry of the American foundation for suicide prevention and the suicide prevention resource center.

  2. This section applies to the following certificates if the certificate is first issued or is renewed on or after July 1, 2015:

    1. Continuing certificates for school nurses;

    2. Continuing certificates for school social workers;

    3. Continuing and professional certificates for school psychologists; and

    4. Continuing and professional certificates for school counselors.

  3. A school counselor who holds or submits a school counseling certificate from the national board for professional teaching standards or a school psychologist who holds or submits a school psychologist certificate from the national association of school psychologists in lieu of a professional certificate must complete the training program under subsection (1) of this section by July 1, 2015, or within the five-year period before the certificate is first submitted to the professional educator standards board, whichever is later, and at least once every five years thereafter in order to be considered certified by the professional educator standards board.

  4. The professional educator standards board shall consider the training program under subsection (1) of this section as approved continuing education under *RCW 28A.415.020 and shall count the training program toward meeting continuing education requirements for certification as a school nurse, school social worker, school psychologist, or school counselor.

[ 2013 c 197 § 2; ]

28A.410.230 - Washington professional educator standards board—Review of proposed assessments before implementation.

The Washington professional educator standards board shall report the proposed assessments to the legislative education committees for review and comment prior to implementing the assessments by contractual agreement with the selected vendor or vendors.

[ 2000 c 39 § 202; ]

28A.410.240 - Washington professional educator standards board—Reports.

  1. By December 1, 2003, and annually thereafter, the Washington professional educator standards board shall prepare a report that includes the following information:

    1. The range of scores on the basic skills assessment under RCW 28A.410.220(1) for persons who passed the assessment and were admitted to a Washington preparation program; and

    2. The range of scores on the subject assessments under *RCW 28A.410.220(2) for persons who passed the assessments and earned an endorsement.

  2. The information under subsection (1) of this section shall be reported for the individual public and private colleges and universities in Washington, as well as reported on an aggregate basis. The report shall also include results disaggregated demographically. The report shall include information on the number and percentage of candidates exempted from assessments, demographic information on candidates exempted, institutions attended and endorsements sought by exempted candidates, and reasons for exclusion from the required assessments. The report shall be made available through the state library, on the website of the office of superintendent of public instruction, and placed on the legislative alert list.

[ 2000 c 39 § 203; ]

28A.410.250 - Washington professional educator standards board—Professional certification—Rules.

The agency responsible for educator certification shall adopt rules for professional certification that:

  1. Grant professional certification to any teacher who attains certification from the national board for professional teaching standards; [and]

  2. Identify an expedited professional certification process for out-of-state teachers who have five years or more of successful teaching experience, including a method to determine the comparability of rigor between the Washington professional certification process and the advanced level teacher certification process of other states. A professional certificate must be issued to these experienced out-of-state teachers if the teacher holds: (a) A valid teaching certificate issued by the national board for professional teaching standards; or (b) an advanced level teacher certificate from another state that has been determined to be comparable to the Washington professional certificate.

[ 2017 3rd sp.s. c 26 § 3; 2016 c 233 § 4; 2005 c 498 § 2; ]

28A.410.251 - Washington professional educator standards board—Residency certificate renewal for certain experienced teachers and principals—Rules.

By September 1, 2017, the Washington professional educator standards board shall adopt rules allowing teachers and principals with at least two years of experience, who hold or have held a residency certificate and have not achieved the professional certificate, to renew their residency certificate in five-year intervals based on completion of ten credits or one hundred clock hours as defined in *RCW 28A.415.020 and 28A.415.023.

[ 2017 3rd sp.s. c 26 § 1; ]

28A.410.252 - Expedited professional certification for out-of-state teachers.

The agency responsible for educator certification shall adopt rules for professional certification that identify an expedited professional certification process for out-of-state teachers who have five years or more of successful teaching experience, including a method to determine the comparability of rigor between the Washington professional certification process and any United States federally issued or state-issued advanced level teacher certification process that allows an individual to teach internationally. A professional certificate must be issued to these experienced out-of-state teachers if the teacher holds a United States federally issued or state-issued advanced level teacher certificate that allows the individual to teach internationally and that has been determined to be comparable to the Washington professional certificate.

[ 2016 c 233 § 5; ]

28A.410.260 - Washington professional educator standards board—Cultural competency, diversity, equity, and inclusion standards of practice.

  1. The Washington professional educator standards board shall:

    1. Develop or update cultural competency, diversity, equity, and inclusion standards of practice for preparation, continuing education, and other training of school district staff;

    2. Collaborate with the Washington state school directors' association to compare and align the standards of practice developed under (a) of this subsection with the standards of governance developed under RCW 28A.345.115. The review must include the educational opportunity gap oversight and accountability committee and may include the office of equity established under RCW 43.06D.020; and

    3. Post on its public website the cultural competency, diversity, equity, and inclusion standards of practice for school district staff.

  2. The Washington professional educator standards board shall develop and periodically update rubrics to evaluate the alignment of training and professional development programs and related materials with the cultural competency, diversity, equity, and inclusion standards of practice for school district staff developed under subsection (1) of this section.

  3. By November 1, 2030, and every 10 years thereafter, the Washington professional educator standards board shall review the definitions in RCW 28A.415.443 and the cultural competency, diversity, equity, and inclusion standards of practice for school district staff developed under subsection (1) of this section and report, in compliance with RCW 43.01.036, to the appropriate committees of the legislature any recommendations for revising the definitions in RCW 28A.415.443.

  4. For purposes of this section, "cultural competency," "diversity," "equity," and "inclusion" have the same meaning as in RCW 28A.415.443.

[ 2021 c 197 § 4; 2009 c 468 § 5; ]

28A.410.265 - Washington professional educator standards board—Certification—Cultural competency, diversity, equity, and inclusion standards of practice.

  1. In establishing policies and requirements for the preparation and certification of educators under RCW 28A.410.210, the Washington professional educator standards board shall require that the programs of courses, requirements, and other activities leading to educator certification incorporate the cultural competency, diversity, equity, and inclusion standards of practice developed under RCW 28A.410.260 and include the foundational elements of cultural competence, focusing on multicultural education and principles of English language acquisition, including information regarding best practices to implement the tribal history and culture curriculum.

  2. For purposes of this section, "cultural competency," "diversity," "equity," and "inclusion" have the same meaning as in RCW 28A.415.443.

[ 2021 c 197 § 6; ]

28A.410.270 - Washington professional educator standards board—Performance standards—Certification levels—Teacher effectiveness evaluations—Requirements for professional certificate and residency teaching certificate—Demonstration of educator preparation programs' outcomes (as amended by 2021 c 197).

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    1. The Washington professional educator standards board shall adopt a set of articulated teacher knowledge, skill, and performance standards for effective teaching that are evidence-based, measurable, meaningful, and documented in high quality research as being associated with improved student learning. The standards shall be calibrated for each level along the entire career continuum.

    2. ((In developing the standards, the board shall, to the extent possible, incorporate standards for cultural competency along the entire continuum. For the purposes of this subsection, "cultural competency" includes knowledge of student cultural histories and contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills in adapting instruction to students' experiences and identifying cultural contexts for individual students.))The Washington professional educator standards board shall incorporate along the entire continuum the standards of practice developed under RCW 28A.410.260.

    3. By January 1, 2020, in order to ensure that teachers can recognize signs of emotional or behavioral distress in students and appropriately refer students for assistance and support, the Washington professional educator standards board shall incorporate along the entire continuum the social-emotional learning standards and benchmarks recommended by the social-emotional learning benchmarks work group in its October 1, 2016, final report titled, "addressing social emotional learning in Washington's K-12 public schools." In incorporating the social-emotional learning standards and benchmarks, the Washington professional educator standards board must include related competencies, such as trauma-informed practices, consideration of adverse childhood experiences, mental health literacy, antibullying strategies, and culturally sustaining practices.

  2. The Washington professional educator standards board shall adopt a definition of master teacher, with a comparable level of increased competency between professional certification level and master level as between professional certification level and national board certification. Within the definition established by the Washington professional educator standards board, teachers certified through the national board for professional teaching standards shall be considered master teachers.

  3. The Washington professional educator standards board shall maintain a uniform, statewide, valid, and reliable classroom-based means of evaluating teacher effectiveness as a culminating measure at the preservice level that is to be used during the student-teaching field experience. This assessment shall include multiple measures of teacher performance in classrooms, evidence of positive impact on student learning, and shall include review of artifacts, such as use of a variety of assessment and instructional strategies, and student work.

  4. Award of a professional certificate shall be based on a minimum of two years of successful teaching experience as defined by the board, and may not require candidates to enroll in a professional certification program.

  5. Educator preparation programs approved to offer the residency teaching certificate shall be required to demonstrate how the program produces effective teachers as evidenced by the measures established under this section and other criteria established by the Washington professional educator standards board.

[ 2021 c 197 § 11; 2019 c 386 § 3; 2017 3rd sp.s. c 26 § 4; 2009 c 548 § 402; ]

28A.410.271 - Washington professional educator standards board—Standards for educational interpreters.

  1. The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

    1. "Educational interpreters" means school district employees, whether certificated or classified, providing sign language interpretation, transliteration, or both, and further explanation of concepts introduced by the teacher for students who are deaf, deaf-blind, or hard of hearing.

    2. "Educational interpreter assessment" means an assessment that includes both written assessment and performance assessment that is offered by a national organization of professional sign language interpreters and transliterators, and is designed to assess performance in more than one sign system or sign language.

    3. "Interpretation" means conveying one language in the form of another language.

    4. "Transliteration" means conveying one language in a different modality of the same language.

  2. The professional educator standards board shall:

    1. Adopt standards for educational interpreters and identify and publicize educational interpreter assessments that are available and meet the requirements in this section; and

    2. Establish a performance standard for each educational interpreter assessment for the purposes of this section, defining what constitutes a minimum assessment result.

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    1. Except as otherwise provided by this section, by the beginning of the 2016-17 school year, educational interpreters who are employed by school districts must have successfully achieved the performance standard established by the professional educator standards board on one of the educational interpreter assessments identified by the board. Evaluations and assessments for educational interpreters for which the board has not established a performance standard may be obtained as supplemental demonstrations of professional proficiency but may not be used as evidence of compliance with this subsection (3)(a).

    2. An educational interpreter who has not successfully achieved the performance standard required by (a) of this subsection may provide or continue providing educational interpreter services to students for one calendar year after receipt of his or her most recent educational interpreter assessment results, or eighteen months after completing his or her most recent educational interpreter assessment, whichever period is longer, if he or she can demonstrate to the satisfaction of the employing school or school district, ongoing efforts to successfully achieve the required performance standard. In making a determination under this subsection (3)(b), the employing school or school district may consult with the professional educator standards board. For purposes of this subsection (3)(b), "educational interpreter" includes persons employed as educational interpreters before the 2016-17 school year.

  4. By December 31, 2013, the professional educator standards board shall recommend to the education committees of the house of representatives and the senate how to appropriately use the national interpreter certification and the educational interpreter performance assessment for educational interpreters in Washington public schools.

  5. The provisions of this section do not apply to educational interpreters employed to interpret a sign system or sign language, including nonsigning interpretation such as oral interpreting, computer-assisted real time captioning, and cued speech transliteration, for which an educational interpreter assessment either does not exist or, as determined by the professional educator standards board, is not capable of being evaluated by the board for suitability as a performance standard in Washington.

[ 2017 c 34 § 1; 2013 c 151 § 2; ]

28A.410.273 - Washington professional educator standards board—Social-emotional learning.

By January 1, 2020, in order to ensure that principals can recognize signs of emotional or behavioral distress in students and appropriately refer students for assistance and support, the Washington professional educator standards board shall incorporate into principal knowledge, skill, and performance standards the social-emotional learning standards, benchmarks, and related competencies described in RCW 28A.410.270.

[ 2019 c 386 § 4; ]

28A.410.275 - Washington professional educator standards board—Preparation program review.

The Washington professional educator standards board must periodically review approved preparation programs to assess whether and to what extent the programs are meeting knowledge, skill, and performance standards, and publish on its website the results of the review in a format that facilitates program comparison.

[ 2019 c 386 § 8; ]

28A.410.277 - Washington professional educator standards board—Continuing education requirements for administrator and teacher certificate renewals.

  1. The Washington professional educator standards board must adopt rules for renewal of administrator certificates and teacher certificates that meet the continuing education requirements of this section.

  2. To renew an administrator certificate on or after July 1, 2023, continuing education must meet the following requirements: 10 percent must focus on equity-based school practices, 10 percent must focus on the national professional standards for education leaders, and five percent must focus on government-to-government relationships with federally recognized tribes.

  3. To renew a teacher certificate on or after July 1, 2023, 15 percent of continuing education must focus on equity-based school practices. This subsection (3) does not apply to a person renewing both a teacher certificate and an administrator certificate.

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    1. Except as provided under (b) of this subsection (4), continuing education must be provided by one or more of the following entities, if they are an approved clock hour provider:

      1. The office of the superintendent of public instruction;

      2. A school district;

      3. An educational service district;

      4. A Washington professional educator standards board-approved administrator or teacher preparation program;

      5. The association of Washington school principals; or

      6. The Washington education association.

    2. Continuing education related to government-to-government relationships with federally recognized tribes must be provided by one or more subject matter experts approved by the governor's office on Indian affairs in collaboration with the tribal leaders congress on education and the office of Native education in the office of the superintendent of public instruction.

  5. Continuing education focused on equity-based school practices must be aligned with the standards for cultural competency developed under *RCW 28A.410.260.

[ 2021 c 77 § 1; ]

28A.410.278 - Residency principal certificates—Principal preparation program requirements.

  1. After August 31, 2013, candidates for a residency principal certificate must have demonstrated knowledge of teacher evaluation research and Washington's evaluation requirements and successfully completed opportunities to practice teacher evaluation skills.

  2. At a minimum, principal preparation programs must address the following knowledge and skills related to evaluations under RCW 28A.405.100:

    1. Examination of teacher and principal evaluation criteria, and four-level rating evaluation system, and the preferred instructional and leadership frameworks used to describe the evaluation criteria;

    2. Classroom observations;

    3. The use of student growth data and multiple measures of performance;

    4. Evaluation conferencing;

    5. Development of classroom teacher and principal support plans resulting from an evaluation; and

    6. Use of an online tool to manage the collection of observation notes, teacher and principal-submitted materials, and other information related to the conduct of the evaluation.

[ 2019 c 295 § 304; 2012 c 35 § 4; ]

28A.410.283 - Uniform, statewide performance assessment of teaching effectiveness—Prohibited as requirement.

The Washington professional educator standards board may not adopt rules requiring that candidates for residency teacher certification take or pass a uniform, statewide performance assessment of teaching effectiveness.

[ 2021 c 198 § 3; ]

28A.410.285 - Teacher preparation programs.

Each Washington professional educator standards board-approved teacher preparation program, including an alternative route teacher certification program, must develop a plan regarding field placement of student teachers in accordance with RCW 28B.10.033.

[ 2019 c 295 § 203; ]

28A.410.287 - Professional educator collaborative—Reports. (Expires July 1, 2022.)

  1. For the purpose of this section, "educator" means a paraeducator, teacher, principal, administrator, superintendent, school counselor, school psychologist, school social worker, school nurse, school physical therapist, school occupational therapist, or school speech-language pathologist or audiologist. "Educator" includes persons who hold, or have held, certificates as authorized by rule of the Washington professional educator standards board.

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    1. The professional educator collaborative is established to make recommendations on how to improve and strengthen state policies, programs, and pathways that lead to highly effective educators at each level of the public school system.

    2. The collaborative shall examine issues related to educator recruitment, certification, retention, professional learning and development, leadership, and evaluation for effectiveness. The examination must consider what barriers and deterrents hinder the recruitment and retention of professional educators, including those from underrepresented populations. The collaborative shall also consider what incentives and supports could be provided at each stage of an educator's career to produce a more effective educational system. Specifically, the collaborative must review the following issues:

      1. Educator recruitment, including the role of school districts, community and technical colleges, preparation programs, and communities, and the efficacy of financial incentives and other types of support on recruitment;

      2. Educator preparation, including traditional and alternative route program design and content, the role of community and technical colleges, field experience duration and quality, the efficacy of financial assistance and incentives, such as apprenticeship models or other methods of providing compensation to working candidates, on program completion, school district and community connections, and the need for and efficacy of academic and social support for students;

      3. Educator certificate types and tiers, including requirements for an initial or first-tier certificate, requirements for advanced certificates, and requirements that are transferable between certificate types;

      4. Educator certificate renewal requirements, including comparing professional growth plan requirements with the teacher and principal residency certificate renewal requirements established in RCW 28A.410.251;

      5. Educator evaluation, including comparison to educator certificate renewal requirements to determine inconsistent or duplicative requirements or efforts, implementation issues and tool refinement, and relationship with educator compensation;

      6. Educator certificate reciprocity;

      7. Professional learning and development opportunities, particularly for mid-career teachers;

      8. Leadership in the education system, including best practices of high quality leaders, training for principals and administrators, and identifying and developing teachers as leaders; and

      9. Systems monitoring, including collection of outcomes data on educator production, employment, and retention, and the value in a cost-benefit analysis of state recruitment and retention activities.

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    1. The members of the collaborative must include representatives of the following organizations:

      1. The two largest caucuses of the senate and the house of representatives, appointed by the president of the senate and the speaker of the house of representatives, respectively;

      2. The Washington professional educator standards board;

      3. The office of the superintendent of public instruction;

      4. The Washington association of colleges for teacher education;

      5. The Washington state school directors' association;

      6. The Washington education association;

      7. The Washington association of school administrators;

      8. The association of Washington school principals; and

      9. The association of Washington school counselors.

    2. Each organization listed in (a) of this subsection must designate one voting member, except that each legislator is a voting member.

    3. The collaborative shall choose its chair or cochairs from among its members.

    4. The voting members of the collaborative, where appropriate, may consult with stakeholders, including representatives of other educator associations, or ask stakeholders to establish an advisory committee. Members of such an advisory committee are not entitled to expense reimbursement.

    5. The voting members of the collaborative must consult with the student achievement council's office of student financial assistance on issues related to financial incentives, assistance, and supports.

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    1. Staff support for the collaborative must be provided by the Washington professional educator standards board, and from other state agencies, including the office of the superintendent of public instruction, if requested by the collaborative.

    2. The Washington professional educator standards board must convene the initial meeting of the collaborative within sixty days of May 8, 2019.

  5. The collaborative must contract with a nonprofit, nonpartisan institute that conducts independent, high quality research to improve education policy and practice and that works with policymakers, researchers, educators, and others to advance evidence-based policies that support equitable learning for each child for the purpose of consultation and guidance on meeting agendas and materials development, meeting facilitation, documenting collaborative discussions and recommendations, locating and summarizing useful policy and research documents, and drafting required reports.

  6. Legislative members of the collaborative are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW.

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    1. By November 1, 2020, and in compliance with RCW 43.01.036, the collaborative shall submit a preliminary report to the education committees of the legislature that makes recommendations on the educator certificate types, tiers, and renewal issues described in subsection (2) of this section. The report must also describe the activities of the collaborative to date, and include any preliminary recommendations agreed to by the collaborative on other issues described in subsection (2) of this section.

    2. By November 1, 2021, and in compliance with RCW 43.01.036, the collaborative shall submit a final report to the education committees of the legislature that describes the activities of the collaborative since the preliminary report and makes recommendations on each issue described in subsection (2) of this section, including the fiscal implications of each recommendation at the state and local level. The report must also describe the expected efficiencies achieved by implementing the recommended comprehensive and coordinated system.

  8. This section expires July 1, 2022.

[ 2019 c 295 § 402; ]

28A.410.290 - Teacher and administrator preparation program approval standards—Community college and nonhigher education provider programs—Alternative route program inclusion.

  1. By September 30, 2010, the professional educator standards board shall review and revise teacher and administrator preparation program approval standards and proposal review procedures at the residency certificate level to ensure they are rigorous and appropriate standards for an expanded range of potential providers, including community college and nonhigher education providers. All approved providers must adhere to the same standards and comply with the same requirements.

  2. Beginning September 30, 2010, the professional educator standards board must accept proposals for community college and nonhigher education providers of educator preparation programs. Proposals must be processed and considered by the board as expeditiously as possible.

  3. By September 1, 2011, all professional educator standards board-approved residency teacher preparation programs at institutions of higher education as defined in RCW 28B.10.016 not currently a partner in an alternative route program approved by the professional educator standards board must submit to the board a proposal to offer one or more of the alternative route programs that meet the requirements of RCW 28A.660.020 and * 28A.660.040.

[ 2010 c 235 § 502; ]

28A.410.292 - Articulated pathway for teacher preparation and certification—Program approval.

The professional educator standards board and the state board for community and technical colleges may exercise their respective authorities regarding program approval to implement the articulated pathway for teacher preparation and certification recommended pursuant to section 2, chapter 136, Laws of 2014 in approved teacher certification programs and certificate and degree programs offered by community and technical colleges.

[ 2014 c 136 § 3; ]

28A.410.294 - Teacher and administrator preparation—Working with paraeducators.

The professional educator standards board, in consultation with the paraeducator board created in RCW 28A.413.020 and the office of the superintendent of public instruction, shall incorporate into the content required to complete a professional educator standards board-approved teacher or administrator preparation program the following:

  1. For teachers, information on how to direct a paraeducator working with students in the paraeducators' classroom; and

  2. For administrators, information on how to supervise and evaluate paraeducators.

[ 2017 c 237 § 14; ]

28A.410.300 - Review of district and educator workforce data.

Beginning with the 2010 school year and annually thereafter, each educational service district, in cooperation with the professional educator standards board, must convene representatives from school districts within that region and professional educator standards board-approved educator preparation programs to review district and regional educator workforce data, make biennial projections of certificate staffing needs, and identify how recruitment and enrollment plans in educator preparation programs reflect projected need.

[ 2010 c 235 § 506; ]

28A.410.310 - Condensed compliance reports—Second-class districts.

Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.

[ 2011 c 45 § 32; ]

28A.410.330 - Microcredentials.

The Washington professional educator standards board is prohibited from expanding the use of microcredentials beyond the microcredential pilot grant programs in existence on May 8, 2019, unless and until the legislature directs the board to do so.

[ 2019 c 295 § 306; ]

28A.410.XXX - TBD

**

  1. The Washington professional educator standards board shall adopt rules to implement a limited mental health staff certificate that meets the requirements in this section.

  2. The role of a person with a limited mental health staff certificate is to provide trauma-informed counseling and supports to students who were impacted by the COVID-19 pandemic. The role of a person with a limited mental health staff certificate is not to provide academic counseling.

  3. Except for a person who has a restriction on a license or certificate for violation of chapter 18.130 RCW, a limited mental health staff certificate may be issued to an applicant who is licensed or certified in any of the following professions:

    1. Mental health counselor, marriage and family therapist, social worker, or associate level providers in these professions, licensed under chapter 18.225 RCW;

    2. Substance use disorder professional, or substance use disorder professional trainee, certified under chapter 18.205 RCW; or

    3. Psychologists licensed under chapter 18.83 RCW.

  4. All limited mental health staff certificates expire July 1, 2025.

  5. Nothing in this section authorizes practice by a person licensed under the chapters set forth in subsection (3) of this section that is otherwise prohibited or restricted by any other law, including licensure statutes and rules and regulations adopted by the appropriate licensure board or agency, from practicing or working in a school.

  6. This section expires July 1, 2025.

[ 2021 c XXX § 1; ]**


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