WSR 17-10-040 EXPEDITED RULES PROFESSIONAL EDUCATOR STANDARDS BOARD [Filed April 27, 2017, 11:35 a.m.]
Title of Rule and Other Identifying Information: Amends WAC 181-82-130 due to drafting error. The intent was to tie the testing requirement for Braille proficiency to the starting date of an instructor's hiring, not application.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO David Brenna, Professional Educator Standards Board, 600 Washington Street South, Room 400, Olympia, WA 98504, AND RECEIVED BY July 5, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Corrects error.
Reasons Supporting Proposal: Clarifies intent of the rule and allows educators more time to meet the requirements.
Statutory Authority for Adoption: RCW 28A.410.210.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Professional educator standards board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: David Brenna, 600 Washington Street South, Olympia, WA 98504, (360) 725-6238.
April 27, 3017 [2017]
David Brenna
Senior Policy Analyst
AMENDATORY SECTION (Amending WSR 16-04-128, filed 2/3/16, effective 3/5/16)
WAC 181-82-130 Assignment of persons providing instruction of Braille to students.
(1) No certificated school district employee shall be assigned to provide instruction of Braille to students who has not demonstrated competency with the standards for Unified English Braille code by:
(a) Successful completion of the National Literary Braille Competency Test; or
(b) Successful completion of the Braille competency test developed at Washington State School for the Blind; or
(c) Successful completion of any other test approved for use by the professional educator standards board.
(2) No classified school district employee working under the supervision of a certificated school district employee, which certificated employee meets the requirement of subsection (1) of this section, may produce Braille material or provide instruction in the Braille code unless the employee has demonstrated competency with the standards for Unified English Braille code as provided under subsection (1) of this section.
(3)(a) Each school district is responsible for monitoring the appropriate assignment of personnel under subsections (1) and (2) of this section.
(b) Any person under subsections (1) and (2) of this section shall have one year from the date of ((application)) hire to successfully pass the testing requirement under subsection (1) of this section.
(c) The Washington Ogden Resource Center shall forward to the professional educator standards board the names of individuals who have passed the testing requirement under subsection (1) of this section and the date of passage. The center also shall forward to the professional educator standards board the names of individuals who have not passed the testing requirement within one year and the name of the employing school district of the individual.
(4) The professional educator standards board shall establish a test review committee which shall be responsible for developing criteria to evaluate a test under subsection (1)(c) of this section. No test shall be considered for approval by the professional educator standards board under subsection (1)(c) of this section unless it has been evaluated by the test review committee and a recommendation for approval or disapproval has been submitted to the board. At a minimum, the membership of the committee shall include persons representing:
(a) National Federation of the Blind of Washington;
(b) Washington council of the blind;
(c) Association of education and rehabilitation of the blind and visually impaired of Washington;
(d) Washington instructional resource center for the visually impaired;
(e) Washington state school for the blind; and
(f) Office of the superintendent of public instruction.
(5) A person who has met the requirement of subsection (1) of this section shall maintain their facility with the current Unified English Braille code by:
(a) Passing a recertification exam of completing learning modules every five years, or completing ten hours of Braille specific clock hours: Provided the option of clock hours is available only until January 2017.
(b) Individuals who seek through subsection (5)(a) of this section to remain eligible to work with visually impaired students are responsible for documenting completion of continuing education. Such individuals are strongly encouraged to provide a copy of their documentation to their employing school district. The documentation shall not be collected by the professional educator standards board. However, the documentation could be audited for purposes of compliance with basic education appropriation requirements under WAC 180-16-195.
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