Washington Administrative Code

The purpose of this chapter is to set forth policies and procedures for the administration of standards related to certification proceedings.[WSR 06-02-051, recodified as § 181-86-005, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.70.005. WSR 90-02-076, § 180-86-…

The public policy purpose of certification proceedings is to protect the health, safety, and general welfare of the citizens of the state of Washington. These proceedings are separate from civil and criminal proceedings, nonrenewal and discharge proceedings, or proceedings of any…

Persons serving as teachers in the public or private schools or as principals or educational staff associates in public schools under chapter 181-79A WAC and in career and technical education positions under chapter 181-77 WAC shall hold certificates authorized by the professiona…

The following definitions apply to terms used in this chapter:(1) "Education practitioner" has the same meaning as defined in chapter 181-87 WAC.(2) "Student" has the same meaning as defined in WAC 181-87-040.(3) "Colleague" has the same meaning as defined in chapter 181-87 WAC.[…

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…

The good moral character and personal fitness requirement of applicants for certification under the laws of the state of Washington is a continuing requirement for holding a professional educational certificate under rules of the professional educator standards board.[Statutory A…

As used in this chapter the term "denial of application for certification order" means an official document issued by the superintendent of public instruction which contains:(1) Findings of fact.(2) A conclusion of law that the applicant does not qualify for the certificate, incl…

As used in this chapter, the term "reprimand order" means an official document issued by the superintendent of public instruction which contains:(1) Findings of fact.(2) One or more conclusions of law stating the commission of an act of unprofessional conduct.(3) An order to not …

As used in this chapter, the term "suspension order" means an official document issued by the superintendent of public instruction which contains:(1) Findings of fact.(2) One or more conclusions of law stating one or more of the following:(a) The commission of an act of unprofess…

As used in this chapter, the term "revocation order" means an official document issued by the superintendent of public instruction which contains:(1) Findings of fact.(2) One or more conclusions of law stating one or more of the following:(a) The commission of an act of unprofess…

(1) Upon mutual agreement of an education practitioner and the superintendent of public instruction, the superintendent of public instruction may issue a letter of concern in lieu of reprimand to an education practitioner.(2) As used in this chapter, the term "letter of concern" …

The superintendent of public instruction shall issue a denial of application for certification or endorsement order if the applicant is not eligible for one or more of the following:(1) Certification.(2) Reissuance of a certificate.(3) Reinstatement of a certificate.(4) An endors…

(1) The superintendent of public instruction may issue a reprimand order whenever the superintendent of public instruction determines one or more of the following:(a) That the education practitioner has admitted the commission of an act of unprofessional conduct or lack of good m…

(1) The superintendent of public instruction may issue a suspension order under one of the following conditions:(a) The education practitioner has admitted the commission of an act of unprofessional conduct or lack of good moral character or personal fitness and has presented to …

The superintendent of public instruction may issue a revocation order under one of the following conditions:(1) The superintendent of public instruction has determined that the education practitioner has committed a felony crime under WAC 181-86-013 (1) or (2), which bars the edu…

Before issuing any disciplinary order under this chapter the superintendent of public instruction or designee shall consider, at a minimum, the following factors to determine the appropriate level and range of discipline, if any:(1) The seriousness of the act(s) and the actual or…

The superintendent of public instruction shall appoint a nine-member admissions and professional conduct advisory committee. Before making appointments to such committee, the superintendent of public instruction shall consult with one or more officers within recognized profession…

The following shall govern the operational procedures of the admissions and professional conduct advisory committee:(1) Meetings of the advisory committee shall be open to the public except when it is considering the admission or professional conduct of a particular education pra…

The duties of the admissions and professional conduct advisory committee are as follows:(1) To advise the superintendent of public instruction and the professional educator standards board on matters related to good moral character, personal fitness, and unprofessional conduct re…

(1) Whenever the superintendent of public instruction or the designated administrative officer of the superintendent of public instruction having responsibility for certification becomes aware from whatever source that an education practitioner has had a professional license revo…

(1) Each educational service district superintendent shall cause to be investigated all written and signed complaints, from whatever source, that allege that a certificated education professional within their educational service district is not of good moral character or personal…

(1) When an educational service district superintendent, a district superintendent, chief administrative officer of a charter school, or the chief administrative officer of an approved private school possesses sufficient reliable information to believe that a certificated employe…

(1) In prioritizing the investigation of alleged misconduct, lack of fitness, or unprofessional conduct by an education practitioner, the superintendent of public instruction or designee may consider the following in order from Level I of higher priority to Level IV of lower prio…

Whenever the superintendent of public instruction takes action to deny an application, the superintendent of public instruction, in accordance with the provisions of this chapter, shall issue an order of denial of application for certification or endorsement to the applicant or a…

Whenever the superintendent of public instruction takes action to suspend or revoke a certificate or reprimand an education practitioner, the superintendent of public instruction, in accordance with the provisions of this chapter, shall issue an order of reprimand, suspension, or…

Final orders for lapsing, reprimand, suspension, and revocation shall be issued by the superintendent of public instruction as follows:(1) If the education practitioner fails to appeal a proposed order under this chapter within thirty calendar days following the date of mailing t…

Any person who applies directly to the superintendent of public instruction for a certificate, particular endorsement, certificate renewal, or certificate reinstatement whose application is denied or any person who is notified that their certificate is suspended or revoked or tha…

Any person who appeals the decision or order to deny their application, the issuance of a reprimand, or the order to suspend or revoke their certificate must file a written notice with the superintendent of public instruction within thirty calendar days following the date of post…

Formal appeals to the superintendent of public instruction shall be provided as follows:(1) Any person who has filed an appeal in accordance with WAC 181-86-140 and desires to have the decision of the review officer formally reviewed by the superintendent of public instruction ma…

The agreement required for deferring suspension or revocation proceedings shall read as follows:"I, . . . . . ., have received notice in the form of an order to suspend or revoke that the superintendent of public instruction believes sufficient cause exists for the suspension or …

The requirements in this chapter for timely notice of appeal shall be waived if justifiable cause is established by the appellant, including failure to receive such notice without fault of the appellant or a plausible reason by the appellant for failure to understand the nature o…

The following burden and standard of proof shall be applicable:(1) If an application for certification or reinstatement has been denied for lack of good moral character or personal fitness, the evidence submitted by the applicant must prove by clear and convincing evidence that h…

Notwithstanding any other provision of this chapter, the superintendent of public instruction, under RCW 34.05.479, may emergency suspend a certificate if the superintendent of public instruction finds that the public health, safety, or welfare of students, colleagues, or the gen…

A holder of a certificate who has not received a final order for revocation of their certificate may voluntarily surrender their certificate to the superintendent of public instruction for any reason other than conviction of a felony crime stated under WAC 181-86-013 (1) and (2).…

The superintendent of public instruction shall notify all other states whenever an applicant has been denied a certificate for failure to possess good moral character or personal fitness or whenever a certificate has been suspended, surrendered, or revoked and shall provide the f…

The superintendent of public instruction, annually, shall transmit to the professional educator standards board a factual report describing the administration of this chapter. The report shall include:(1) Number of the following actions:(a) Voluntary surrenders of certificates.(b…

The authority for this chapter is RCW 28A.410.010 which authorizes the professional educator standards board to establish, publish, and enforce rules determining eligibility for and certification of personnel employed in the common schools of this state. This authority is supplem…

The sole purpose of this chapter is to set forth policies and procedures related to reprimand, suspension, and revocation actions respecting certification of education practitioners in the state of Washington for acts of unprofessional conduct. It is recognized that grounds for t…

The public policy goals of this chapter are as follows:(1) To protect the health, safety, and general welfare of students within the state of Washington.(2) To assure the citizens of the state of Washington that education practitioners are accountable for acts of unprofessional c…

Any educational practitioner who commits an act of unprofessional conduct proscribed within this chapter may be held accountable for such conduct under the provisions of chapter 181-86 WAC.[Statutory Authority: Chapter 28A.410 RCW. WSR 21-08-022, § 181-87-015, filed 3/29/21, effe…

As a general rule, the provisions of this chapter shall not be applicable to the private conduct of an education practitioner except where the education practitioner's role as a private person is not clearly distinguishable from the role as an education practitioner and the fulfi…

No act, for the purpose of this chapter, is defined as an act of unprofessional conduct unless it is included in this chapter.[Statutory Authority: Chapter 28A.410 RCW. WSR 21-08-022, § 181-87-025, filed 3/29/21, effective 4/29/21. WSR 06-02-051, recodified as § 181-87-025, filed…

As used in this chapter, the term "education practitioner" means any certificate holder licensed under Title 181 WAC of the professional educator standards board to serve as a certificated employee, or any person serving in a position for which certification is required under Tit…

As used in this chapter, the term "student" means the following:(1) Any student who is under the supervision, direction, or control of the education practitioner.(2) Any student enrolled in any school or school district served by the education practitioner.(3) Any student enrolle…

As used in this chapter, the term "colleague" includes a certificated educator or any individual employed on a permanent or temporary basis.[Statutory Authority: Chapter 28A.410 RCW. WSR 21-08-022, § 181-87-045, filed 3/29/21, effective 4/29/21. WSR 06-02-051, recodified as § 181…

Any falsification or deliberate misrepresentation, including omission, of a material fact by an education practitioner concerning any of the following is an act of unprofessional conduct:(1) Statement of professional qualifications.(2) Application or recommendation for profession…

Unprofessional conduct includes:(1) Being under the influence, as defined in RCW 46.61.506, of alcohol, marijuana or of a controlled substance, as defined in chapter 69.50 RCW, on school premises or at a school-sponsored activity involving students, following:(a) Notification to …

Any performance of professional practice in flagrant disregard or clear abandonment of generally recognized professional standards in the course of any of the following professional practices is an act of unprofessional conduct:(1) Assessment, treatment, instruction, or supervisi…

(1) Unprofessional conduct includes inappropriate digital communication with a student including, but not limited to: Cell phone, text messaging, email, instant messaging, blogging, or other social media or social network communication.(2) Factors that may be considered in assess…

Any permanent abandonment, constituting a substantial violation without good cause, of one of the following written contracts to perform professional services for a private school or a school or an educational service district is an act of unprofessional conduct:(1) An employment…