WSR 02-08-037

EMERGENCY RULES

STATE BOARD OF EDUCATION


[ Filed March 29, 2002, 2:52 p.m. ]

     Date of Adoption: March 22, 2002.

     Purpose: These recommendations are made to clarify the employment of non-Washington state certificated teachers in approved private school and the procedures for loss of approval. In addition the revisions reflect minor changes consistent with recent State Board of Education rule changes and sequence of similar or related concepts.

     Citation of Existing Rules Affected by this Order: Repealing WAC 180-90-110, 180-90-115, 180-90-119, 180-90-120, 180-90-123, 180-90-125, 180-90-133, 180-90-135 and 180-90-137; and amending WAC 180-90-105, 180-90-112, 180-90-130, 180-90-141, and 180-90-160.

     Statutory Authority for Adoption: Chapter 28A.195 RCW.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: We requested the immediate adoption of the revisions to meet the 2002-03 school year timeline for the private school approval process. For over a year, members of the Private School Advisory Committee have explored options for teacher preparation, teacher certification, and student teacher ratio that support education quality while maintaining the unique mission of the private school. OSPI piloted a State Board of Education approved reporting process for non-Washington state certificated teachers that was designed to clarify the training and experience of these teachers, and to the extent to which such instructors were essential to the mission and quality of the private school. The revisions are consistent with private education's commitment to quality.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 9.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 9.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 9;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

Larry Davis

Executive Director

OTS-5551.1


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-90-105   Purpose and authority.   (1) The purpose of this chapter is to establish the procedures and conditions governing the approval of private schools by the state board of education and rescission of such approval.

     (2) The authority for this chapter is RCW 28A.195.040 which authorizes the state board of education to promulgate rules and regulations for the approval of private schools for the purpose of implementing RCW 28A.225.010.

[Statutory Authority: 1990 c 33. 90-17-009, § 180-90-105, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-90-105, filed 12/2/85.]


AMENDATORY SECTION(Amending Order 23-85, filed 12/2/85)

WAC 180-90-112   Definitions(( -- Approved private school)).   ((As used in this chapter the term "approved private school" shall mean a private school)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

     (1) "Approved private school" means a nonpublic school or nonpublic school district conducting a program consisting of kindergarten and at least grade one, or a program consisting of any or all of grades one through twelve which has been approved by the state board of education in accordance with the minimum standards for approval as prescribed in this chapter.

     (2)(a) "Reasonable health requirements" means those standards contained in chapter 248-64 WAC as adopted by the state board of health.

     (b) "Reasonable fire safety requirements" means those standards adopted by the state fire marshal pursuant to chapter 48.48 RCW.

     (3)(a) "Minor deviation" means a variance from the standards established by these regulations which represents little or no threat to the health or safety of students and school personnel, and which does not raise a question as to the ability of the school to provide an educational program which is in substantial compliance with the minimum standards set forth in WAC 180-90-160, and which, therefore, does not preclude the granting of full approval.

     (b) "Major deviation" means a variance from the standards established by these regulations which represents little or no threat to the health or safety of students and school personnel but raises a question as to the ability of the school to provide an educational program which substantially complies with the minimum standards set forth in WAC 180-90-160, but is not so serious as to constitute an unacceptable deviation.

     (c) "Unacceptable deviation" means a variance from the standards established by these regulations which either:

     (i) Constitutes a serious, imminent threat to the health or safety of students or school personnel; or

     (ii) Demonstrates that the school is not capable of providing an educational program which substantially complies with the minimum standards set forth in WAC 180-90-160.

     (4) "Total instructional hour offering" means those hours when students are provided the opportunity to engage in educational activity planned by and under the direction of school staff, as directed by the administration and board of directors, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences which are planned and scheduled by the approved private school for the purpose of discussing students' educational needs for progress, and exclusive of time actually spent for meals.

     (5)(a) "Non-Washington state certificated teacher" means a person who has:

     (i) A K-12 teaching certificate from a nationally accredited preparation program, other than Washington state, recognized by the U.S. Department of Education; or

     (ii) Baccalaureate, masters, or doctoral degree in a specific academic subject; or

     (iii) Three years of experience in a specialized field of study.

     (b) "Exceptional case" means that a circumstance exists within a private school in which:

     (i) The educational program offered by the private school will be significantly improved with the employment of the non-Washington state certificated teacher. Each teacher not holding a valid Washington state certificate shall have experience or academic preparation appropriate to K-12 instruction and consistent with the school's mission. Such experience or academic preparation shall be consistent with the provisions of (c) of this subsection; and

     (ii) The school which employs a non-Washington state certificated teacher or teachers pursuant to this subsection employs at least one person certified pursuant to rules of the state board of education. The school will report the academic preparations and experience of each teacher providing K-12 instruction; and

     (iii) The non-Washington state certificated teacher of the private school, employed pursuant to this section and as verified by the private school, meets the age, good moral character, and personal fitness requirements of WAC 180-79A-150 (1) and (2), has not had his or her teacher's certificate revoked by any state or foreign country, and has passed a background and fingerprint check. WAC 180-79A-150(2).

     (c) "Unusual competence": As applied to an exceptional case wherein the educational program as specified in RCW 28A.195.010 and WAC 180-90-160(7) will be significantly improved with the employment of a:

     (i) Non-Washington state certificated teacher that possesses a K-12 teacher certificate from a nationally accredited preparation program, other than Washington state, recognized by the U.S. Department of Education; or

     (ii) Non-Washington state certificated teacher that possesses at least a baccalaureate, masters, or doctoral degree in the subject matter to be taught or closely related to the subject matter to be taught; or

     (iii) Non-Washington state certificated teacher that possesses a minimum of three calendar years of experience in a specialized field. For purposes of this subsection, the term "specialized field" means a specialized area of the curriculum where skill or talent is applied and where entry into an occupation in such field generally does not require a baccalaureate degree, including, but not limited to, the fields of art, drama, dance, music, physical education, and vocational or occupational education.

     (d) "General supervision" means that a Washington state certificated teacher or administrator shall be generally available at the school site to observe and advise the non-Washington state certificated teacher and shall evaluate the non-Washington state certificated teacher pursuant to policies of the private school. Provided, That the non-Washington state certificated teacher of the private school, employed pursuant to this section, and as verified by the private school:

     (i) Meets the age, good moral character, and personal fitness requirements of WAC 180-75-085 (1) and (2); and

     (ii) Has not had his or her teacher's certificate revoked by any state or foreign country; and

     (iii) Is not eligible for an initial or continuing teacher's certificate in the state of Washington.

[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-90-112, filed 12/2/85.]


AMENDATORY SECTION(Amending Order 23-85, filed 12/2/85)

WAC 180-90-130   Approval -- Annual certification -- Adverse findings.   (1) At least ninety days prior to the commencement of the annual school term or period, the chief administrator of each private school shall file with the superintendent of public instruction, in accordance with procedures established by the superintendent of public instruction, a certificate of compliance in the form and substance set forth in WAC 180-90-160.

     (2) The superintendent of public instruction shall review each certificate. The review shall be completed within thirty days after receipt of a completed application.

     (3) If the superintendent of public instruction finds no minor, major, or unacceptable deviations, the superintendent of public instruction shall so notify the private school and shall recommend full approval of the private school to the state board of education.

     (4) If the superintendent of public instruction finds deviation, the private school shall be notified in writing of any minor, major, or unacceptable deviations.

     (5) If the superintendent of public instruction finds minor, major, or unacceptable deviations, the superintendent of public instruction shall not transmit the recommendation regarding approval status to the state board of education until the private school submits a narrative report indicating agreement or not with the findings of the superintendent of public instruction and any proposed remedial action to address the reported deviations. Upon receipt of the narrative report, the superintendent of public instruction shall transmit the recommendation and the narrative report to the state board of education.

[Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-90-130, filed 12/2/85. Statutory Authority: RCW 28A.04.120(4). 82-04-004 (Order 3-82), § 180-90-130, filed 1/21/82; Order 2-77, § 180-90-130, filed 3/24/77; Order 1-75, § 180-90-130, filed 2/4/75.]


AMENDATORY SECTION(Amending Order 7-87, filed 4/14/87)

WAC 180-90-141   Loss of private school approval ((of a nonoperating private school)).   ((An approved private school which does not have students enrolled for any six consecutive calendar months and which fails to provide evidence of student enrollment upon request of the superintendent of public instruction for the said period of time shall lose its approval status for the remainder of the school year.)) (1) The superintendent of public instruction is authorized to rescind approval of a private school for one or more of the following reasons:

     (a) Failure to have students enrolled for any six consecutive calendar months or failure to provide evidence of student enrollment upon request of the superintendent of public instruction for the said period of time.

     (b) Failure to provide verification that the approved private school employs at least one Washington state certificated teacher.

     (c) Failure to provide verification that the physical facilities of the school meet the health and fire safety standards.

     (2) The superintendent of public instruction shall notify the state board of education of decisions to rescind approval.

[Statutory Authority: RCW 28A.02.204 [28A.02.240]. 87-09-039 (Order 7-87), § 180-90-141, filed 4/14/87.]


AMENDATORY SECTION(Amending WSR 96-15-099, filed 7/22/96, effective 8/22/96)

WAC 180-90-160   Minimum standards and certificate form.   The annual certificate required by WAC 180-90-130 shall be in substantial compliance with the form and substance of the following:

CERTIFICATE OF COMPLIANCE

WITH STATE STANDARDS


ESD/County/Public

School District

Private School/

District Address



     I, . . . . . . , do hereby certify that I am the principal or chief administrator of the above named school; that said school is located at the address listed above, and conducts grades . . . . . . through . . . . . . with a projected enrollment of . . . . . . ; and that said school is scheduled to meet throughout the . . . . . . school year, the following standards with the exception only of such deviations, if any, as are set forth in an attachment to this certificate of compliance
or
     I, . . . . . . , do hereby certify that I am the superintendent of the above named private school district; and that the private schools under my jurisdiction are scheduled to meet throughout the school year, the following standards with the exception only of such deviations as are set forth in an attachment to this certificate of compliance; and that a list of such schools, including the grades conducted and the projected enrollment for each school, accompanies this certificate:

     Following initial approval as a private school by the state board of education, evidence of current accreditation by a state board of education approved accrediting body may be submitted annually in lieu of approval documents described in 1-12.

     (1) The minimum school year for instructional purposes consists of no less than 180 school days or the equivalent in annual minimum ((program)) instructional hour offerings as prescribed in RCW 28A.150.220.

     (2) On each school day, pupils enrolled in the school are provided the opportunity to be engaged in educational activity planned by and under the direction of the staff, as directed by the administration and/or governing board; and that pupils are provided a total ((program)) instructional hour offering as prescribed in RCW 28A.150.220 except that the percentages for basic skills, work skills, and optional subjects and activities prescribed in RCW 28A.150.220 do not apply to private schools and that the total ((program)) instructional hour offering, except as otherwise specifically provided in RCW 28A.150.220, made available is at least:

     (a) 450 hours for students in kindergarten.

     (b) ((2700 hours for students in grades one through three.

     (c) 2970 hours for students in grades four through six.

     (d) 1980 hours for students in grades seven and eight.

     (e) 4320)) 1000 hours for students in grades ((nine)) one through twelve.

     (3) All classroom teachers hold appropriate Washington State certification except for:

     (a) Teachers for religious courses or courses for which no counterpart exists in the public schools: Provided, That a religious course is a course of study separate from the courses of study defined in RCW 28A.195.010 including occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of the appreciation of art and music all in sufficient units for meeting state board of education graduation requirements; and/or

     (b) A person of unusual competence who is not certified but who will teach students in an exceptional case under the general supervision of a ((certified)) Washington state certificated teacher or administrator pursuant to WAC ((180-90-125)) 180-90-112. The ((noncertified employee)) non-Washington state certificated teacher, the ((certified)) Washington state certificated person who will supervise, and the exceptional circumstances are listed on the addendum to this certificate: Provided, That if a ((noncertified person)) non-Washington state certificated teacher is employed subsequent to the filing of this certificate, this same information shall be forwarded to the superintendent of public instruction within thirty days from the date of employment.

     (4) If the school operates an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody, the extension program meets the following requirements:

     (a) The parent, guardian, or custodian is supervised by a person certified under chapter 28A.410 RCW and who is employed by the school;

     (b) The planning by the certified person and the parent, guardian, or person having legal custody includes objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

     (c) The certified person spends a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the extension program;

     (d) Each student's progress is evaluated by the certified person; and

     (e) The certified person does not supervise more than thirty students enrolled in the approved private school's extension program.

     (5) Measures have been taken to safeguard all permanent records against loss or damage through either the storage of such records in fire-resistant containers or facilities, or the retention of duplicates in a separate and distinct area;

     (6) The physical facilities of the school are adequate to meet the program offered, and all school facilities and practices are in substantial compliance with reasonable health and fire safety standards, as substantiated by current inspection reports of appropriate health and fire safety officials which are on file in the chief administrator's office;

     (7) The school's curriculum includes instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music in sufficient units for meeting state board of education graduation requirements, as set forth in chapter 180-51 WAC;

     (8) The school or its organized district maintains up-to-date policy statements related to the administration and operation of the school or district;

     (9) The school does not engage in a policy of racial segregation or discrimination;

     (10) The governing authority of this private school or private school district has been apprised of the requirements of chapter 180-90 WAC relating to the minimum requirements for approval of private schools and such governing authority has further been apprised of all deviations from the rules and regulations of the state board of education and the standards contained in chapter 180-90 WAC. I have reported all such deviations herewith.

     (11) Approval by the state board of education is contingent upon on-going compliance with the standards certified herein. The superintendent of public instruction shall be notified of any deviation from these standards which occurs after the action taken by the state board of education. Such notification shall be filed within thirty days of occurrence of the deviation.

     (12) Failure to comply with the requirements of this chapter may result in the revocation of the approval of the private school and shall be considered in subsequent application for approval as a private school.


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[Statutory Authority: RCW 28A.305.130(6), 28A.195.040 and 1996 c 83. 96-15-099, § 180-90-160, filed 7/22/96, effective 8/22/96. Statutory Authority: 1990 c 33. 90-17-009, § 180-90-160, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.02.240. 89-01-038 (Order 23-88), § 180-90-160, filed 12/14/88; 87-09-039 (Order 7-87), § 180-90-160, filed 4/14/87. Statutory Authority: RCW 28A.02.240. 85-24-056 (Order 23-85), § 180-90-160, filed 12/2/85. Statutory Authority: RCW 28A.04.120(4). 82-04-004 (Order 3-82), § 180-90-160, filed 1/21/82. Statutory Authority: RCW 28A.02.201 et seq. and 28A.04.120(4). 78-06-064 (Order 9-78), § 180-90-160, filed 5/25/78; Order 2-77, § 180-90-160, filed 3/24/77; Order 1-76, § 180-90-160, filed 2/3/76; Order 1-75, § 180-90-160, filed 2/4/75.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 180-90-110 Purpose.
WAC 180-90-115 Definition -- Private school.
WAC 180-90-119 Definition -- Reasonable health and fire safety requirements.
WAC 180-90-120 Definitions -- Deviations.
WAC 180-90-123 Definition -- Total program hour offering.
WAC 180-90-125 Definitions -- Exceptional case, unusual competence, and general supervision.
WAC 180-90-133 SPI report to SBE -- No adverse findings.
WAC 180-90-135 SPI adverse findings -- Report to private school.
WAC 180-90-137 SPI report to SBE -- Adverse findings.

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