As used in this chapter, the terms "good moral character and personal fitness" means character and personal fitness necessary to serve as a certificated employee in schools in the state of Washington, including character and personal fitness to have contact with, to teach, and to perform supervision of children. Good moral character and personal fitness includes, but is not limited to, the following:
(1) No conviction of any felony crime involving:
(a) The physical neglect of a child under chapter 9A.42
(b) The physical injury or death of a child under chapter 9A.32
RCW, excepting motor vehicle violations under chapter 46.61
(c) The sexual exploitation of a child under chapter 9.68A
(d) Sexual offenses where a child is the victim under chapter 9A.44
(e) The promotion of prostitution of a child under chapter 9A.88
(f) The sale or purchase of a child under RCW 9A.64.030
(g) Provided, That the general classes of felony crimes referenced within this subsection shall include equivalent federal and crimes in other states committed against a child;
(h) Provided further, That for the purpose of this subsection "child" means a minor as defined by the applicable state or federal law;
(i) Provided further, That for the purpose of this subsection "conviction" shall include a guilty plea.
(2) No conviction of any crime within the last ten years, including motor vehicle violations, which would materially and substantially impair the individual's worthiness and ability to serve as a professional within the public and private schools of the state. In determining whether a particular conviction would materially and substantially impair the individual's worthiness and ability to practice, the following and any other relevant considerations shall be weighed:
(a) Age and maturity at the time the criminal act was committed;
(b) The degree of culpability required for conviction of the crime and any mitigating factors, including motive for commission of the crime;
(c) The classification of the criminal act and the seriousness of the actual and potential harm to persons or property;
(d) Criminal history and the likelihood that criminal conduct will be repeated;
(e) The permissibility of service as a professional educator within the terms of any parole or probation;
(f) Proximity or remoteness in time of the criminal conviction;
(g) Any evidence offered which would support good moral character and personal fitness;
(h) If this subsection is applied to a person certified under the laws of the state of Washington in a suspension or revocation action, the effect on the education profession, including any chilling effect, shall be weighed; and
(i) In order to establish good moral character and personal fitness despite the criminal conviction, the applicant or certificate holder has the duty to provide available evidence relative to the above considerations. The superintendent of public instruction has the right to gather and present additional evidence which may corroborate or negate that provided by the applicant or certificate holder.
(3) No behavioral problem which endangers the educational welfare or personal safety of students, teachers, or other colleagues within the educational setting.
(4) No practice within the state of Washington within the previous five school years with an expired, lapsed, suspended, surrendered, or revoked certificate in a professional position for which certification is required under the rules of the professional educator standards board.
[Statutory Authority: RCW 28A.410.210. 06-14-010, § 181-86-013, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as § 181-86-013, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.150.290(1). 02-19-050, § 180-86-013, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW 28A.410.010. 97-04-082, recodified as § 180-86-013, filed 2/5/97, effective 3/8/97. Statutory Authority: RCW 18A.410.010 [28A.410.010] and 28A.70.005. 92-01-127, § 180-75-081, filed 12/19/91, effective 1/19/92. Statutory Authority: RCW 28A.70.005. 90-02-073, § 180-75-081, filed 1/2/90, effective 2/2/90. Statutory Authority: RCW 34.05.220(A) [34.05.220 (1)(a)] and 34.05.250. 89-22-010, § 180-75-081, filed 10/20/89, effective 11/20/89. Statutory Authority: RCW 28A.70.005. 87-09-010 (Order 2-87), § 180-75-081, filed 4/3/87.]