[Filed June 18, 2018, 10:00 a.m.]

Preproposal statement of inquiry was filed as WSR 18-10-095.

Title of Rule and Other Identifying Information: WAC 392-140-976 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Conditional loan program.

Hearing Location(s): On August 2, 2018, at 11:00 a.m., at the Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Olympia, WA 98501.

Date of Intended Adoption: August 6, 2018.

Submit Written Comments to: Carrie Dubuque, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, email carrie.dubuque@k12.wa.us, by August 2, 2018.

Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-754-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by July 26, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposed rule making is to add a new section to chapter 392-140 WAC concerning the conditional loan program related to salary bonus for teachers and other certificated instructional staff who hold current certification by the National Board for Professional Teaching Standards (NBPTS). This change would allow NBPTS candidates the entire duration of their candidacy before repaying a conditional loan rather than repaying the loan mid-candidacy.

Reasons Supporting Proposal: The intent of the conditional loan program is to remove a financial barrier for all teachers to have access to pursue board certification. Requiring teachers to repay the loan mid-candidacy does not fully remove the financial barrier.

Statutory Authority for Adoption: Section 513 (4)(d) of ESSB 6032 (2018).

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Carrie Dubuque, OSPI, 600 South Washington Street, Olympia, WA, 360-725-6119.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.030.

Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).

State Superintendent

of Public Instruction

WAC 392-140-976Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Conditional loan program.

(1) During the 2017-18 and 2018-19 school years, and within available funds, certificated instructional staff who have met the eligibility requirements and have applied for certification from the National Board for Professional Teaching Standards may receive a conditional loan of one thousand four hundred twenty-five dollars toward the current assessment fee, not including the initial up-front candidacy payment.

(2) The conditional loan shall be an advance on the first annual bonus provided under RCW 28A.405.415. The conditional loan is provided in addition to compensation received under a district's salary allocation and shall not be included in calculations of a district's average salary and associated salary limitation under RCW 28A.400.200.

(3)(a) Conditional loan recipients who fail to receive national board certification within three years following the completion of their second year of candidacy under the National Board for Professional Teaching Standards must repay the conditional loan.

(b) Repayment shall begin after the candidate has either:

(i) Obtained the national board certification;

(ii) Exhausted all years of eligibility under the National Board for Professional Teaching Standards; or

(iii) Withdrawn their candidacy.

(4) The terms of repayment shall be pursuant to a promissory note or other instrument executed by the conditional loan recipient.