title: RCW 28A.405.220

text:
(1) Notwithstanding the provisions of RCW 28A.405.210, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section during the first three years of employment by such district, unless: (a) The employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district; or (b) the employee has received an evaluation rating below level 2 on the four-level rating system established under RCW 28A.405.100 during the third year of employment, in which case the employee shall remain subject to the nonrenewal of the employment contract until the employee receives a level 2 rating; or (c) the school district superintendent may make a determination to remove an employee from provisional status if the employee has received one of the top two evaluation ratings during the second year of employment by the district. Employees as defined in this section shall hereinafter be referred to as "provisional employees."
(2) The superintendent of the school district may not renew the employment contract of a provisional employee licensed under the interstate teacher mobility compact in chapter 28A.420 RCW for a third year if the provisional employee has not yet completed both the issues of abuse course described in RCW 28A.410.035 and the equity-based school practices requirements under RCW 28A.410.277.
(3) In the event the superintendent of the school district determines that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by the end of the regular legislative session for that year, then notification shall be no later than June 15th, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. The determination of the superintendent shall be subject to the evaluation requirements of RCW 28A.405.100.
(4) Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the superintendent's determination was based and to make any argument in support of his or her request for reconsideration.
(5) Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting.
(6) The board of directors shall notify the provisional employee in writing of its final decision within ten days following the meeting at which the superintendent's recommendation was considered. The decision of the board of directors to nonrenew the contract of a provisional employee shall be final and not subject to appeal.
(7) This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section provides the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.405.210 and chapter 28A.645 RCW.
[ 2024 c 317 s 14; 2016 c 85 s 2; 2012 c 35 s 7; 2010 c 235 s 203; 2009 c 57 s 2; 1996 c 201 s 2; 1992 c 141 s 103; 1990 c 33 s 391; 1975-'76 2nd ex.s. c 114 s 1. Formerly RCW 28A.67.072.]
Notes:
Effective date—2016 c 85: See note following RCW 28A.405.210.
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2009 c 57: See note following RCW 28A.405.210.
Effective date—1992 c 141 s 103: "Section 103 of this act shall take effect July 1, 1992." [ 1992 c 141 s 105.]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.

catchline: Conditions and contracts of employment—Nonrenewal of provisional employees—Notice—Procedure.


doc_type: statute

jurisdiction: wa

title: RCW 28A.405.230

text:
Any certificated employee of a school district employed as an assistant superintendent, director, principal, assistant principal, coordinator, or in any other supervisory or administrative position, hereinafter in this section referred to as "administrator", shall be subject to transfer, at the expiration of the term of his or her employment contract, to any subordinate certificated position within the school district. "Subordinate certificated position" as used in this section, shall mean any administrative or nonadministrative certificated position for which the annual compensation is less than the position currently held by the administrator.
Every superintendent determining that the best interests of the school district would be served by transferring any administrator to a subordinate certificated position shall notify that administrator in writing on or before May 15th preceding the commencement of such school term of that determination, or if the omnibus appropriations act has not passed the legislature by the end of the regular legislative session for that year, then notification shall be no later than June 15th, which notification shall state the reason or reasons for the transfer, and shall identify the subordinate certificated position to which the administrator will be transferred. Such notice shall be served upon the administrator personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein.
Every such administrator so notified, at his or her request made in writing and filed with the president or chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the board of directors in an executive session thereof for the purpose of requesting the board to reconsider the decision of the superintendent. Such board, upon receipt of such request, shall schedule the meeting for no later than the next regularly scheduled meeting of the board, and shall notify the administrator in writing of the date, time and place of the meeting at least three days prior thereto. At such meeting the administrator shall be given the opportunity to refute any facts upon which the determination was based and to make any argument in support of his or her request for reconsideration. The administrator and the board may invite their respective legal counsel to be present and to participate at the meeting. The board shall notify the administrator in writing of its final decision within ten days following its meeting with the administrator. No appeal to the courts shall lie from the final decision of the board of directors to transfer an administrator to a subordinate certificated position: PROVIDED, That in the case of principals such transfer shall be made at the expiration of the contract year and only during the first three consecutive school years of employment as a principal by a school district; except that if any such principal has been previously employed as a principal by another school district in the state of Washington for three or more consecutive school years the provisions of this section shall apply only to the first full school year of such employment.
This section applies to any person employed as an administrator by a school district on June 25, 1976, and to all persons so employed at any time thereafter, except that RCW 28A.405.245 applies to persons first employed after June 10, 2010, as a principal by a school district meeting the criteria of RCW 28A.405.245. This section provides the exclusive means for transferring an administrator subject to this section to a subordinate certificated position at the expiration of the term of his or her employment contract.
[ 2016 c 85 s 3; 2010 c 235 s 304; 2009 c 57 s 3; 1996 c 201 s 3; 1990 c 33 s 392; 1975-'76 2nd ex.s. c 114 s 9. Formerly RCW 28A.67.073.]
Notes:
Effective date—2016 c 85: See note following RCW 28A.405.210.
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2009 c 57: See note following RCW 28A.405.210.
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Conditions and contracts of employment—Transfer of administrator to subordinate certificated position—Notice—Procedure.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.405.240

text:
No certificated employee shall be required to perform duties not described in the contract unless a new or supplemental contract is made, except that in an unexpected emergency the board of directors or school district administration may require the employee to perform other reasonable duties on a temporary basis.
No supplemental contract shall be subject to the continuing contract provisions of this title.
[ 1990 c 33 s 393; 1985 c 341 s 15; 1969 ex.s. c 283 s 2. Formerly RCW 28A.67.074, 28.67.074.]
Notes:
Severability—1969 ex.s. c 283: See note following RCW 28A.150.050.
RCW 28A.405.240 not applicable to contract renewal of school superintendent: RCW 28A.400.010.

catchline: Conditions and contracts of employment—Supplemental contracts, when—Continuing contract provisions not applicable to.


title: RCW 28A.405.245

text:
(1) Any certificated employee of a school district under this section who is first employed as a principal after June 10, 2010, shall be subject to transfer as provided under this section, at the expiration of the term of his or her employment contract, to any subordinate certificated position within the school district. "Subordinate certificated position" as used in this section means any administrative or nonadministrative certificated position for which the annual compensation is less than the position currently held by the administrator. This section applies only to school districts with an annual average student enrollment of more than thirty-five thousand full-time equivalent students.
(2) During the first three consecutive school years of employment as a principal by the school district, or during the first full school year of such employment in the case of a principal who has been previously employed as a principal by another school district in the state for three or more consecutive school years, the transfer of the principal to a subordinate certificated position may be made by a determination of the superintendent that the best interests of the school district would be served by the transfer.
(3) Commencing with the fourth consecutive school year of employment as a principal, or the second consecutive school year of such employment in the case of a principal who has been previously employed as a principal by another school district in the state for three or more consecutive school years, the transfer of the principal to a subordinate certificated position shall be based on the superintendent's determination that the results of the evaluation of the principal's performance using the evaluative criteria and rating system established under RCW 28A.405.100 provide a valid reason for the transfer without regard to whether there is probable cause for the transfer. If a valid reason is shown, it shall be deemed that the transfer is reasonably related to the principal's performance. No probationary period is required. However, provision of support and an attempt at remediation of the performance of the principal, as defined by the superintendent, are required for a determination by the superintendent under this subsection that the principal should be transferred to a subordinate certificated position.
(4) Any superintendent transferring a principal under this section to a subordinate certificated position shall notify that principal in writing on or before May 15th before the beginning of the school year of that determination, or if the omnibus appropriations act has not passed the legislature by the end of the regular legislative session for that year, then notification shall be no later than June 15th. The notification shall state the reason or reasons for the transfer and shall identify the subordinate certificated position to which the principal will be transferred. The notification shall be served upon the principal personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein.
(5) Any principal so notified may request to the president or chair of the board of directors of the district, in writing and within ten days after receiving notice, an opportunity to meet informally with the board of directors in an executive session for the purpose of requesting the board to reconsider the decision of the superintendent, and shall be given such opportunity. The board, upon receipt of such request, shall schedule the meeting for no later than the next regularly scheduled meeting of the board, and shall give the principal written notice at least three days before the meeting of the date, time, and place of the meeting. At the meeting the principal shall be given the opportunity to refute any evidence upon which the determination was based and to make any argument in support of his or her request for reconsideration. The principal and the board may invite their respective legal counsel to be present and to participate at the meeting. The board shall notify the principal in writing of its final decision within ten days following its meeting with the principal. No appeal to the courts shall lie from the final decision of the board of directors to transfer a principal to a subordinate certificated position.
(6) This section provides the exclusive means for transferring a certificated employee first employed by a school district under this section as a principal after June 10, 2010, to a subordinate certificated position at the expiration of the term of his or her employment contract.
[ 2016 c 85 s 4; 2010 c 235 s 302.]
Notes:
Effective date—2016 c 85: See note following RCW 28A.405.210.
Finding—2010 c 235: "The legislature finds that the presence of highly effective principals in schools has never been more important than it is today. To enable students to meet high academic standards, principals must lead and encourage teams of teachers and support staff to work together, align curriculum and instruction, use student data to target instruction and intervention strategies, and serve as the chief school officer with parents and the community. Greater responsibility should come with greater authority over personnel, budgets, resource allocation, and programs. But greater responsibility also comes with greater accountability for outcomes. Washington is putting into place an updated and rigorous system of evaluating principal performance, one that will measure what matters. This system will never be truly effective unless the results are meaningfully used." [ 2010 c 235 s 301.]

catchline: Transfer of principal to subordinate certificated position—Notice—Procedure.


title: RCW 28A.405.250

text:
The board of directors of any school district, its employees or agents shall not discriminate in any way against any applicant for a certificated position or any certificated employee
(1) On account of his or her membership in any lawful organization, or
(2) For the orderly exercise during off-school hours of any rights guaranteed under the law to citizens generally, or
(3) For family relationship, except where covered by chapter 42.23 RCW.
The school district personnel file on any certificated employee in the possession of the district, its employees, or agents shall not be withheld at any time from the inspection of that employee.
[ 1990 c 33 s 394; 1969 ex.s. c 34 s 21. Formerly RCW 28A.58.445.]
Notes:
Code of ethics for municipal officers—Contract interests: Chapter 42.23 RCW.

catchline: Certificated employees, applicants for certificated position, not to be discriminated against—Right to inspect personnel file.


title: RCW 28A.405.260

text:
A person who issues or uses a false academic credential is subject to RCW 28B.85.220 and 9A.60.070.
[ 2006 c 234 s 5.]

catchline: Use of false academic credentials—Penalties.


title: RCW 28A.405.265

text:
Notwithstanding the provisions of RCW 28A.405.210 through 28A.405.380, the employment status, the processes for notices of discharge or nonrenewal, and the appeal rights of certificated employees in school districts that are dissolved due to financial insolvency shall be as provided in RCW 28A.315.229.
[ 2012 c 186 s 21.]
Notes:
Effective date—2012 c 186: See note following RCW 28A.315.025.
Rule-making authority—2012 c 186: See RCW 28A.315.902.

catchline: Rights of certificated employees in school districts dissolved due to financial insolvency.


title: RCW 28A.405.300

text:
In the event it is determined that there is probable cause or causes for a teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with the school district, hereinafter referred to as "employee", to be discharged or otherwise adversely affected in his or her contract status, such employee shall be notified in writing of that decision, which notification shall specify the probable cause or causes for such action. Such determinations of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notices shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the president, chair of the board or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for a hearing pursuant to RCW 28A.405.310 to determine whether or not there is sufficient cause or causes for his or her discharge or other adverse action against his or her contract status.
In the event any such notice or opportunity for hearing is not timely given, or in the event cause for discharge or other adverse action is not established by a preponderance of the evidence at the hearing, such employee shall not be discharged or otherwise adversely affected in his or her contract status for the causes stated in the original notice for the duration of his or her contract.
If such employee does not request a hearing as provided herein, such employee may be discharged or otherwise adversely affected as provided in the notice served upon the employee.
Transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 or 28A.405.245 shall not be construed as a discharge or other adverse action against contract status for the purposes of this section.
[ 2010 c 235 s 305; 1990 c 33 s 395; 1975-'76 2nd ex.s. c 114 s 2; 1973 c 49 s 1; 1969 ex.s. c 34 s 13; 1969 ex.s. c 223 s 28A.58.450. Prior: 1961 c 241 s 2. Formerly RCW 28A.58.450, 28.58.450.]
Notes:
Finding—2010 c 235: See note following RCW 28A.405.245.
Savings—Severability-1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
Minimum criteria for the evaluation of certificated employees—Four-level rating evaluation system—Procedures—Steering committee—Implementation—Reports—Comprehensive performance evaluation: RCW 28A.405.100.
Transfer of administrator to subordinate certificated position—Procedure: RCW 28A.405.230.

catchline: Adverse change in contract status of certificated employee—Determination of probable cause—Notice—Opportunity for hearing.


title: RCW 28A.405.310

text:
(1) Any employee receiving a notice of probable cause for discharge or adverse effect in contract status pursuant to RCW 28A.405.300, or any employee, with the exception of provisional employees as defined in RCW 28A.405.220, receiving a notice of probable cause for nonrenewal of contract pursuant to RCW 28A.405.210, shall be granted the opportunity for a hearing pursuant to this section.
(2) In any request for a hearing pursuant to RCW 28A.405.300 or 28A.405.210, the employee may request either an open or closed hearing. The hearing shall be open or closed as requested by the employee, but if the employee fails to make such a request, the hearing officer may determine whether the hearing shall be open or closed.
(3) The employee may engage counsel who shall be entitled to represent the employee at the prehearing conference held pursuant to subsection (5) of this section and at all subsequent proceedings pursuant to this section. At the hearing provided for by this section, the employee may produce such witnesses as he or she may desire.
(4) In the event that an employee requests a hearing pursuant to RCW 28A.405.300 or 28A.405.210, a hearing officer shall be appointed in the following manner: Within fifteen days following the receipt of any such request the board of directors of the district or its designee and the employee or employee's designee shall each appoint one nominee. The two nominees shall jointly appoint a hearing officer who shall be a member in good standing of the Washington state bar association or a person adhering to the arbitration standards established by the public employment relations commission and listed on its current roster of arbitrators. Should said nominees fail to agree as to who should be appointed as the hearing officer, either the board of directors or the employee, upon appropriate notice to the other party, may apply to the presiding judge of the superior court for the county in which the district is located for the appointment of such hearing officer, whereupon such presiding judge shall have the duty to appoint a hearing officer who shall, in the judgment of such presiding judge, be qualified to fairly and impartially discharge his or her duties. Nothing herein shall preclude the board of directors and the employee from stipulating as to the identity of the hearing officer in which event the foregoing procedures for the selection of the hearing officer shall be inapplicable. The district shall pay all fees and expenses of any hearing officer selected pursuant to this subsection.
(5) Within five days following the selection of a hearing officer pursuant to subsection (4) of this section, the hearing officer shall schedule a prehearing conference to be held within such five day period, unless the board of directors and employee agree on another date convenient with the hearing officer. The employee shall be given written notice of the date, time, and place of such prehearing conference at least three days prior to the date established for such conference.
(6) The hearing officer shall preside at any prehearing conference scheduled pursuant to subsection (5) of this section and in connection therewith shall:
(a) Issue such subpoenas or subpoenas duces tecum as either party may request at that time or thereafter; and
(b) Authorize the taking of prehearing depositions at the request of either party at that time or thereafter; and
(c) Provide for such additional methods of discovery as may be authorized by the civil rules applicable in the superior courts of the state of Washington; and
(d) Establish the date for the commencement of the hearing, to be within ten days following the date of the prehearing conference, unless the employee requests a continuance, in which event the hearing officer shall give due consideration to such request.
(7) The hearing officer shall preside at any hearing and in connection therewith shall:
(a) Make rulings as to the admissibility of evidence pursuant to the rules of evidence applicable in the superior court of the state of Washington.
(b) Make other appropriate rulings of law and procedure.
(c) Within ten days following the conclusion of the hearing transmit in writing to the board and to the employee, findings of fact and conclusions of law and final decision. If the final decision is in favor of the employee, the employee shall be restored to his or her employment position and shall be awarded reasonable attorneys' fees.
(8) Any final decision by the hearing officer to nonrenew the employment contract of the employee, or to discharge the employee, or to take other action adverse to the employee's contract status, as the case may be, shall be based solely upon the cause or causes specified in the notice of probable cause to the employee and shall be established by a preponderance of the evidence at the hearing to be sufficient cause or causes for such action.
(9) All subpoenas and prehearing discovery orders shall be enforceable by and subject to the contempt and other equity powers of the superior court of the county in which the school district is located upon petition of any aggrieved party.
(10) A complete record shall be made of the hearing and all orders and rulings of the hearing officer and school board.
[ 1990 c 33 s 396; 1987 c 375 s 1; 1977 ex.s. c 7 s 1; 1975-'76 2nd ex.s. c 114 s 5. Formerly RCW 28A.58.455.]
Notes:
Severability—1977 ex.s. c 7: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 7 s 2.]
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.

catchline: Adverse change in contract status of certificated employee, including nonrenewal of contract—Hearings—Procedure.


title: RCW 28A.405.320

text:
Any teacher, principal, supervisor, superintendent, or other certificated employee, desiring to appeal from any action or failure to act upon the part of a school board relating to the discharge or other action adversely affecting his or her contract status, or failure to renew that employee's contract for the next ensuing term, within thirty days after his or her receipt of such decision or order, may serve upon the chair of the school board and file with the clerk of the superior court in the county in which the school district is located a notice of appeal which shall set forth also in a clear and concise manner the errors complained of.
[ 1990 c 33 s 397; 1969 ex.s. c 34 s 14; 1969 ex.s. c 223 s 28A.58.460. Prior: 1961 c 241 s 3. Formerly RCW 28A.58.460, 28.58.460.]

catchline: Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Notice—Service—Filing—Contents.


title: RCW 28A.405.330

text:
The filing party, within ten days of filing the notice of appeal shall notify in writing the chair of the school board of the taking of the appeal, and within twenty days thereafter the school board shall at its expense file the complete transcript of the evidence and the papers and exhibits relating to the decision complained of, all properly certified to be correct.
[ 2016 c 93 s 3; 1990 c 33 s 398; 1969 ex.s. c 223 s 28A.58.470. Prior: 1961 c 241 s 4. Formerly RCW 28A.58.470, 28.58.470.]

catchline: Adverse change in contract status of certificated employee, including nonrenewal of contract—Notice of appeal—Filing party—Certification and filing.


title: RCW 28A.405.340

text:
Any appeal to the superior court by an employee shall be heard by the superior court without a jury. Such appeal shall be heard expeditiously. The superior court's review shall be confined to the verbatim transcript of the hearing and the papers and exhibits admitted into evidence at the hearing, except that in cases of alleged irregularities in procedure not shown in the transcript or exhibits and in cases of alleged abridgment of the employee's constitutional free speech rights, the court may take additional testimony on the alleged procedural irregularities or abridgment of free speech rights. The court shall hear oral argument and receive written briefs offered by the parties.
The court may affirm the decision of the board or hearing officer or remand the case for further proceedings; or it may reverse the decision if the substantial rights of the employee may have been prejudiced because the decision was:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or jurisdiction of the board or hearing officer; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Clearly erroneous in view of the entire record as submitted and the public policy contained in the act of the legislature authorizing the decision or order; or
(6) Arbitrary or capricious.
[1975-'76 2nd ex.s. c 114 s 6; 1969 ex.s. c 34 s 15; 1969 ex.s. c 223 s 28A.58.480. Prior: 1961 c 241 s 5. Formerly RCW 28A.58.480, 28.58.480.]
Notes:
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.

catchline: Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Scope.


title: RCW 28A.405.350

text:
If the court enters judgment for the employee, and if the court finds that the probable cause determination was made in bad faith or upon insufficient legal grounds, the court in its discretion may award to the employee a reasonable attorneys' fee for the preparation and trial of his or her appeal, together with his or her taxable costs in the superior court. If the court enters judgment for the employee, in addition to ordering the school board to reinstate or issue a new contract to the employee, the court may award damages for loss of compensation incurred by the employee by reason of the action of the school district.
[ 1990 c 33 s 399; 1975-'76 2nd ex.s. c 114 s 7; 1969 ex.s. c 34 s 16; 1969 ex.s. c 223 s 28A.58.490. Prior: 1961 c 241 s 6. Formerly RCW 28A.58.490, 28.58.490.]
Notes:
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.

catchline: Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Costs, attorney's fee and damages.


title: RCW 28A.405.360

text:
Either party to the proceedings in the superior court may seek appellate review of the decision as any other civil action.
[ 1988 c 202 s 26; 1971 c 81 s 71; 1969 ex.s. c 223 s 28A.58.500. Prior: 1961 c 241 s 7. Formerly RCW 28A.58.500, 28.58.500.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Adverse change in contract status of certificated employee, including nonrenewal of contract—Appellate review.


title: RCW 28A.405.370

text:
The provisions of chapter 28A.645 RCW shall not be applicable to RCW 28A.405.300 through 28A.405.360.
[ 1990 c 33 s 400; 1969 ex.s. c 223 s 28A.58.510. Prior: 1961 c 241 s 8. Formerly RCW 28A.58.510, 28.58.510.]

catchline: Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Other statutes not applicable.


title: RCW 28A.405.380

text:
In the event that an employee, with the exception of a provisional employee as defined in RCW 28A.405.220, receives a notice of probable cause pursuant to RCW 28A.405.300 or 28A.405.210 stating that by reason of a lack of sufficient funds or loss of levy election the employment contract of such employee should not be renewed for the next ensuing school term or that the same should be adversely affected, the employee may appeal any said probable cause determination directly to the superior court of the county in which the school district is located. Such appeal shall be perfected by serving upon the secretary of the school board and filing with the clerk of the superior court a notice of appeal within ten days after receiving the probable cause notice. The notice of appeal shall set forth in a clear and concise manner the action appealed from. The superior court shall determine whether or not there was sufficient cause for the action as specified in the probable cause notice, which cause must be proven by a preponderance of the evidence, and shall base its determination solely upon the cause or causes stated in the notice of the employee. The appeal provided in this section shall be tried as an ordinary civil action: PROVIDED, That the board of directors' determination of priorities for the expenditure of funds shall be subject to superior court review pursuant to the standards set forth in RCW 28A.405.340: PROVIDED FURTHER, That the provisions of RCW 28A.405.350 and 28A.405.360 shall be applicable thereto.
[ 1990 c 33 s 401; 1975-'76 2nd ex.s. c 114 s 8; 1973 c 49 s 3; 1969 ex.s. c 34 s 18. Formerly RCW 28A.58.515.]
Notes:
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.

catchline: Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal from—Direct judicial appeal, when.


title: RCW 28A.405.400

text:
In addition to other deductions permitted by law, any person authorized to disburse funds in payment of salaries or wages to employees of school districts, upon written request of at least ten percent of the employees, shall make deductions as they authorize, subject to the limitations of district equipment or personnel. Any person authorized to disburse funds shall not be required to make other deductions for employees if fewer than ten percent of the employees make the request for the same payee. Moneys so deducted shall be paid or applied monthly by the school district for the purposes specified by the employee. The employer may not derive any financial benefit from such deductions. A deduction authorized before July 28, 1991, shall be subject to the law in effect at the time the deduction was authorized.
[ 1991 c 116 s 18; 1972 ex.s. c 39 s 1. Formerly RCW 28A.67.095.]

catchline: Payroll deductions authorized for employees.


title: RCW 28A.405.410

text:
Nothing in RCW 28A.405.400 shall be construed to annul or modify any lawful agreement heretofore entered into between any school district and any representative of its employees or other existing lawful agreements and obligations in effect on May 23, 1972.
[ 1990 c 33 s 402; 1972 ex.s. c 39 s 2. Formerly RCW 28A.67.096.]

catchline: Payroll deductions authorized for certificated employees—Savings.


title: RCW 28A.405.415

text:
(1) Certificated instructional staff who have attained certification from the national board for professional teaching standards shall receive a bonus each year in which they maintain the certification. The bonus shall be calculated as follows: The annual bonus shall be $5,000 in the 2007-08 school year. Thereafter, the annual bonus shall increase by inflation through the 2025-26 school year.
(2)(a) Certificated instructional staff who have attained certification from the national board for professional teaching standards shall be eligible for bonuses in addition to that provided by subsection (1) of this section if the individual is in an instructional assignment in a school in which at least 70 percent of the students qualify for the free and reduced-price lunch program.
(b) An individual is eligible for bonuses authorized under this subsection (2) if he or she is in an instructional assignment in a school that meets the definition of high poverty school as defined in rule by the office of the superintendent of public instruction in the school year immediately preceding the school's participation in the United States department of agriculture's community eligibility provision.
(c) For the 2024-25 and 2025-26 school years, individuals are eligible for bonuses under this subsection if they are in an instructional assignment in a school providing meals at no charge to students under RCW 28A.235.135 that met the definition of high poverty school as defined in rule by the office of the superintendent of public instruction during the 2022-23 school year.
(3) The amount of the additional bonus under subsection (2) of this section for those meeting the qualifications of subsection (2) of this section is $5,000.
(4) The bonuses provided under this section are in addition to compensation received under a district's salary schedule adopted in accordance with RCW 28A.405.200 and shall not be included in calculations of a district's average salary and associated salary limitations under RCW 28A.400.200.
(5) The bonuses provided under this section shall be paid in a lump sum amount.
[ 2026 c 267 s 4; 2023 c 379 s 7; 2020 c 288 s 5; 2013 2nd sp.s. c 5 s 4; 2011 1st sp.s. c 18 s 4; 2009 c 539 s 6; 2008 c 175 s 2; 2007 c 398 s 2.]
Notes:
Intent—2023 c 379: See note following RCW 28A.235.135.
Short title—2020 c 288: See note following RCW 28A.235.300.
Effective date—2013 2nd sp.s. c 5: See note following RCW 28A.400.205.
Effective date—2011 1st sp.s. c 18: See note following RCW 28A.400.205.
Effective date—2009 c 539: See note following RCW 28A.655.200.
Findings—2007 c 398: "The legislature finds and declares:
(1) The national board for professional teaching standards has established high and rigorous standards for what highly accomplished teachers should know and be able to do in order to increase student learning results;
(2) The national board certifies teachers who meet these standards through a rigorous, performance-based assessment process;
(3) A certificate awarded by the national board attests that a teacher has met high and rigorous standards and has demonstrated the ability to make sound professional judgments about how to best meet students' learning needs and effectively help students meet challenging academic standards; and
(4) Teachers who attain national board certification should be acknowledged and rewarded in order to encourage more teachers to pursue certification for the benefit of Washington students." [ 2007 c 398 s 1.]

catchline: Bonuses—National board for professional standards certification.


title: RCW 28A.405.460

text:
All certificated employees of school districts shall be allowed a reasonable lunch period of not less than thirty continuous minutes per day during the regular school lunch periods and during which they shall have no assigned duties: PROVIDED, That local districts may work out other arrangements with the consent of all affected parties.
[ 1995 c 335 s 702; 1991 c 116 s 15; 1969 ex.s. c 223 s 28A.58.275. Prior: 1965 c 18 s 1. Formerly RCW 28A.58.275, 28.58.275.]
Notes:
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.

catchline: Lunch period for certificated employees.


title: RCW 28A.405.465

text:
Any school district may employ classified personnel to supervise school children in noninstructional activities, and in instructional activities while under the supervision of a certificated employee.
[ 1997 c 13 s 13; 1991 c 116 s 16.]

catchline: Use of classified personnel to supervise in noninstructional activities.


title: RCW 28A.405.466

text:
Each school district board of directors shall adopt a policy regarding the presence at their respective schools of teachers and other certificated personnel before the opening of school in the morning and after the closing of school in the afternoon or evening. The board of directors shall make the policy available to parents and the public through the school district report card and other means of communication.
[ 2006 c 263 s 902.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Presence of certificated personnel at schools before and after school—Policy.


title: RCW 28A.405.470

text:
The school district shall immediately terminate the employment of any person whose certificate or permit authorized under chapter 28A.405 or 28A.410 RCW is subject to revocation under *RCW 28A.410.090(3) upon a guilty plea or conviction of any felony crime specified under RCW 28A.400.322. Employment shall remain terminated unless the employee successfully prevails on appeal. A school district board of directors is entitled to recover from the employee any salary or other compensation that may have been paid to the employee for the period between such time as the employee was placed on administrative leave, based upon criminal charges that the employee committed a felony crime specified under RCW 28A.400.322, and the time termination becomes final. This section shall only apply to employees holding a certificate or permit who have contact with children during the course of their employment.
[ 2009 c 396 s 4; 1990 c 33 s 405; 1989 c 320 s 5. Formerly RCW 28A.58.1003.]
Notes:
*Reviser's note: RCW 28A.410.090 was amended by 2013 c 163 s 1, changing subsection (3) to subsection (4).
Severability—1989 c 320: See note following RCW 28A.410.090.

catchline: Crimes against children—Mandatory termination of certificated employees—Appeal—Recovery of salary or compensation by district.


title: RCW 28A.405.475

text:
(1) A school district superintendent shall immediately notify the office of the superintendent of public instruction when the district terminates the employment contract of a certificated employee on the basis of a guilty plea or a conviction of any felony crime specified under RCW 28A.400.322.
(2) The office of the superintendent of public instruction shall maintain a record of the notices received under this section.
(3) This section applies only to employees holding a certificate or permit authorized under this chapter or chapter 28A.410 RCW who have contact with children during the course of employment.
[ 2009 c 396 s 9.]

catchline: Termination of certificated employee based on guilty plea or conviction of certain felonies—Notice to superintendent of public instruction—Record of notices.


title: RCW 28A.405.900

text:
Certificated employees subject to the provisions of RCW 28A.310.250, 28A.405.100, 28A.405.210, and 28A.405.220 shall not include those certificated employees hired to replace certificated employees who have been granted sabbatical, regular, or other leave by school districts, and shall not include retirees hired for postretirement employment under the provisions of chapter 10, Laws of 2001 2nd sp. sess.
It is not the intention of the legislature that this section apply to any regularly hired certificated employee or that the legal or constitutional rights of such employee be limited, abridged, or abrogated.
[ 2002 c 26 s 1; 2001 2nd sp.s. c 10 s 2; 1990 c 33 s 404; 1972 ex.s. c 142 s 3. Formerly RCW 28A.67.900.]
Notes:
Effective dates—2001 2nd sp.s. c 10: See note following RCW 41.40.037.
Postretirement employment under the teachers' retirement system: RCW 41.32.570.

catchline: Certain certificated employees exempt from chapter provisions.


title: RCW 28A.410.010

text:
(1)(a) The Washington professional educator standards board shall establish, publish, and enforce rules determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require, at the applicant's expense, a criminal history record check of the applicant through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. An individual who holds a valid portable background check clearance card issued by the department of children, youth, and families consistent with RCW 43.216.270 is exempt from the office of the superintendent of public instruction fingerprint background check if the individual provides a true and accurate copy of his or her Washington state patrol and federal bureau of investigation background report results to the office of the superintendent of public instruction. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application. The superintendent of public instruction shall use the fingerprint criminal history record check information solely for the purpose of determining eligibility for a certificate under this section. The rules shall permit a holder of a lapsed certificate but not a revoked or suspended certificate to be employed on a conditional basis by a school district with the requirement that the holder must complete any certificate renewal requirements established by the state board of education within two years of initial reemployment.
(b) In establishing rules pertaining to the qualifications of instructors of American sign language the board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.
(c) The board shall develop rules consistent with RCW 18.340.020 for the certification of spouses of military personnel.
(2) The superintendent of public instruction shall act as the administrator of any such rules and have the power to issue any certificates or permits and revoke the same in accordance with board rules.
[ 2017 3rd sp.s. c 33 s 3; 2017 3rd sp.s. c 6 s 221; 2014 c 50 s 2; 2011 2nd sp.s. c 5 s 4; 2005 c 497 s 203; 2001 c 263 s 1. Prior: 1992 c 159 s 3; 1992 c 60 s 2; prior: 1988 c 172 s 3; 1988 c 97 s 1; 1987 c 486 s 8; 1975-'76 2nd ex.s. c 92 s 2; 1969 ex.s. c 223 s 28A.70.005. Formerly RCW 28A.70.005.]
Notes:
Reviser's note: This section was amended by 2017 3rd sp.s. c 6 s 221 and by 2017 3rd sp.s. c 33 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Implementation—2011 2nd sp.s. c 5: See note following RCW 18.340.010.
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1988 c 97: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 97 s 3.]
Severability—1975-'76 2nd ex.s. c 92: See note following RCW 28A.305.130.

catchline: Certification—Duty of professional educator standards board—Rules—Record check—Lapsed certificates—Superintendent of public instruction as administrator.


title: RCW 28A.410.015

text:
An individual who is not lawfully present in the United States is eligible for a permit or certificate as allowed under Title 8 U.S.C. Sec. 1621. The professional educator standards board and the superintendent of public instruction shall not deny an application for a permit or certificate solely on the basis of a person's immigration or citizenship status if the person has met all other qualifications.
[ 2024 c 50 s 3.]
Notes:
Effective date—2024 c 50: See note following RCW 18.415.010.

catchline: Applicant for permit or certificate—Immigration and citizenship status.


title: RCW 28A.410.025

text:
No person shall be accounted as a qualified teacher within the meaning of the school law who is not the holder of a valid teacher's certificate or permit issued by lawful authority of this state.
[ 1969 ex.s. c 223 s 28A.67.010. Prior: 1909 c 97 p 306 s 1; RRS s 4844; prior: 1907 c 240 s 6; 1897 c 118 s 51; 1891 c 127 s 14; 1890 p 369 s 37; 1886 p 18 s 47; 1873 p 430 s 15. Formerly RCW 28A.405.010, 28A.67.010, 28.67.010.]

catchline: Qualifications—Certificate or permit required.


title: RCW 28A.410.032

text:
Teachers of visually impaired students shall be qualified according to rules adopted by the professional educator standards board.
[ 2005 c 497 s 220; 1996 c 135 s 4.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Findings—1996 c 135: See note following RCW 28A.155.105.

catchline: Qualifications—Teachers of visually impaired—Rules.


title: RCW 28A.410.035

text:
(1) To receive initial certification as a teacher in this state after August 31, 1991, an applicant shall have successfully completed a course on issues of abuse. The content of the course shall discuss the identification of physical abuse, emotional abuse, sexual abuse, and substance abuse; commercial sexual abuse of a minor, as defined in RCW 9.68A.100; sexual exploitation of a minor, as defined in RCW 9.68A.040; information on the impact of abuse on the behavior and learning abilities of students; discussion of the responsibilities of a teacher to report abuse or provide assistance to students who are the victims of abuse; and methods for teaching students about abuse of all types and their prevention.
(2) The professional educator standards board shall incorporate into the content required for the course under this section, knowledge and skill standards pertaining to recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, and youth suicide. To receive initial certification after August 31, 2014, an applicant must have successfully completed a course that includes the content of this subsection. The board shall consult with the office of the superintendent of public instruction and the department of health in developing the standards.
[ 2013 c 197 s 3; 2013 c 10 s 2; 1990 c 90 s 1. Formerly RCW 28A.405.025.]
Notes:
Reviser's note: This section was amended by 2013 c 10 s 2 and by 2013 c 197 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—Intent—2013 c 197: See note following RCW 43.20A.765.
Findings—Intent—2013 c 197: See note following RCW 28A.410.226.
Finding—2013 c 10: "The legislature finds that when teachers and school staff are trained in identifying and preventing child sexual abuse, commercial sexual abuse of minors, and sexual exploitation of minors, students benefit." [ 2013 c 10 s 1.]
Civil liability—2013 c 197: See RCW 28A.310.501.

catchline: Qualifications—Coursework on issues of abuse; sexual abuse and exploitation of a minor; and emotional or behavioral distress in students, including possible substance abuse, violence, and youth suicide.


title: RCW 28A.410.040

text:
The Washington professional educator standards board shall adopt rules providing that, except as provided in this section, all individuals qualifying for an initial-level teaching certificate after August 31, 1992, shall possess a baccalaureate degree in the arts, sciences, and/or humanities and have fulfilled the requirements for teacher certification pursuant to RCW 28A.410.210. However, candidates for grades preschool through eight certificates shall have fulfilled the requirements for a major as part of their baccalaureate degree. If the major is in early childhood education, elementary education, or special education, the candidate must have at least thirty quarter hours or twenty semester hours in one academic field.
[ 2005 c 497 s 204; 1992 c 141 s 101; 1990 c 33 s 406. Prior: 1989 c 402 s 1; 1989 c 29 s 1; 1987 c 525 s 212. Formerly RCW 28A.70.040.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Findings—1992 c 141: "The legislature finds that the educational needs of students when they leave the public school system has [have] increased dramatically in the past two decades. If young people are to prosper in our democracy and if our nation is to grow economically, it is imperative that the overall level of learning achieved by students be significantly increased.
To achieve this higher level of learning, the legislature finds that the state of Washington needs to develop a performance-based school system. Instead of maintaining burdensome state accountability laws and rules that dictate educational offerings, the state needs to hold schools accountable for their performance based on what their students learn.
The legislature further finds moving toward a performance-based accountability system will require repealing state laws and rules that inhibit the freedom of school boards and professional educators to carry out their work, and also will require that significantly more decisions be made at the school district and school building levels. In addition, it will be necessary to set high expectations for students, to identify what is expected of all students, and to develop a rigorous academic assessment system to determine if these expectations have been achieved.
The legislature further finds that the governor's council on education reform and funding will, by December 1992, identify broad student learning goals. Subject to decisions made by the 1993 legislature, the legislature finds that it is critical that an organization be established to continue the council's work in identifying necessary student skills and knowledge, to develop student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system.
The legislature further finds that there is a need for high quality professional development as the state implements a performance-based system. Professional development must be available to schools and school districts to maintain quality control and to assure access to proven research on effective teaching." [ 1992 c 141 s 1.]
Part headings—1992 c 141: "Part headings as used in this act constitute no part of the law." [ 1992 c 141 s 601.]
Severability—1992 c 141: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 141 s 602.]
Intent—1987 c 525 ss 201-233: "The legislature intends to enhance the education of the state's youth by improving the quality of teaching. The legislature intends to establish a framework for teacher and principal preparation programs and to recognize teaching as a profession.
The legislature finds that the quality of teacher preparation programs is enhanced when a planned, sequenced approach is used that provides for the application of practice to academic coursework.
The legislature supports better integration of the elements of teacher preparation programs including knowledge of subject matter, teaching methods, and actual teaching experiences.
The legislature finds that establishing: (1) A teaching internship program; (2) a post-baccalaureate program resulting in a master's degree; (3) stronger requirements for earning principal credentials; and (4) a review of the preparation standards for school principals and educational staff associates are appropriate next steps in enhancing the quality of educational personnel in Washington." [ 1987 c 525 s 201.]
Short title—1987 c 525 ss 202-233: "Sections 202 through 233 of this act shall be known as the professional educator excellence act of 1987." [ 1987 c 525 s 234.]
Severability—1987 c 525: See note following RCW 28A.300.050.

catchline: Initial-level certificates.


title: RCW 28A.410.043

text:
A school counselor is a professional educator who holds a valid school counselor certification as defined by the professional educator standards board. The purpose and role of the school counselor is to plan, organize, and deliver a comprehensive school guidance and counseling program that personalizes education and supports, promotes, and enhances the academic, personal, social, and career development of all students, based on the national standards for school counseling programs of the American school counselor association.
[ 2007 c 175 s 2.]
Notes:
Findings—Intent—2007 c 175: "The legislature finds that the professional school counselor is a certificated educator with unique qualifications and skills to address all students' academic, personal, social, and career development needs. School counselors serve a vital role in maximizing student achievement, supporting a safe learning environment, and addressing the needs of all students through prevention and intervention programs that are part of a comprehensive school counseling program. The legislature further finds that current state statutes fail to mention anything about school counselors. Therefore, the legislature intends to codify into law the importance and the role of school counselors in public schools." [ 2007 c 175 s 1.]

catchline: School counselor certification.


title: RCW 28A.410.044

text:
(1) A school psychologist is a professional educator who holds a valid school psychologist certification as defined by the professional educator standards board. Pursuant to the national association of school psychologists' model for comprehensive and integrated school psychological services, school psychologists deliver services across ten domains of practice. Two domains permeate all areas of service delivery: Data-based decision making; and consultation and collaboration. Five domains encompass direct and indirect services to children and their families: Student-level services, interventions, and instructional supports to develop academic skills; student-level interventions and mental health services to develop social and life skills; systems-level school-wide practices to promote learning; systems-level preventive and responsive services; and systems-level family school collaboration services. The three foundational domains include: Knowledge and skills related to diversity in development and learning; research and program evaluation; and legal and ethical practice.
(2) A school social worker is a professional in the fields of social work and education who holds a valid school social worker certification as defined by the professional educator standards board. The purpose and role of the school social worker is to provide an integral link between school, home, and community in helping students achieve academic and social success. This is accomplished by removing barriers and providing services that include: Mental health and academic counseling, support for students and parents, crisis prevention and intervention, professional case management, collaboration with other professionals, organizations, and community agencies, and advocacy for students and parents. School social workers work directly with school administrators as well as students and families, at various levels and as part of an interdisciplinary team in the educational system, including at the building, district, and state level. School social workers provide leadership and professional expertise regarding the formation of school discipline policies and procedures, and through school-based mental health services, crisis management, the implementation of social-emotional learning, and other support services that impact student academic and social-emotional success. School social workers also facilitate community involvement in the schools while advocating for student success.
[ 2018 c 200 s 3.]
Notes:
Findings—Intent—Civil liability—2018 c 200: See notes following RCW 28A.320.290.

catchline: School psychologists and social workers—Domains and roles.


title: RCW 28A.410.045

text:
(1) The Washington state first peoples' language, culture, and oral tribal traditions teacher certification program is established. The professional educator standards board shall adopt rules to implement the program in collaboration with the sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington, including the tribal leader congress on education and the first peoples' language and culture committee. The collaboration required under this section shall be defined by a protocol for cogovernance in first peoples' language, culture, and oral tribal traditions education developed by the professional educator standards board, the office of the superintendent of public instruction, and the sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington.
(2) Any sovereign tribal government whose traditional lands and territories lie within the borders of the state of Washington may participate individually on a government-to-government basis in the program.
(3) Under the first peoples' language, culture, and oral tribal traditions teacher certification program:
(a) Only a participating sovereign tribal government may certify individuals who meet the tribe's criteria for certification as a teacher in the Washington state first peoples' language, culture, and oral tribal traditions teacher certification program. Tribal law enforcement agencies and the Washington state patrol shall enter into government-to-government negotiations regarding the exchange of background information on applicants for certification. The office of the superintendent of public instruction shall not authorize or accept a certificate or endorsement in Washington state first peoples' language, culture, and oral tribal traditions without certification from a participating sovereign tribal government and without conducting a record check of an individual applying for certification as required under RCW 28A.410.010;
(b) For each teacher to be certified in the program, the participating sovereign tribal government shall submit information and documentation necessary for the issuance of a state certificate, as defined by rule, to the office of the superintendent of public instruction;
(c) A Washington state first peoples' language, culture, and oral tribal traditions teacher certificate serves as a subject area endorsement in first peoples' language, culture, and oral tribal traditions. The holder of a Washington state first peoples' language, culture, and oral tribal traditions teacher certificate who does not also hold an initial, residency, continuing, or professional teaching certificate authorized by the professional educator standards board may be assigned to teach only the languages, cultures, and oral tribal traditions designated on the certificate and no other subject;
(d) In order to teach first peoples' language, culture, and oral tribal traditions, teachers must hold certificates from both the office of the superintendent of public instruction and from the sovereign tribal government; and
(e) The holder of a Washington state first peoples' language, culture, and oral tribal traditions teacher certificate meets Washington state's definition of a highly qualified teacher under the no child left behind act of 2001 (P.L. 107-110) for the purposes of teaching first peoples' language, culture, and oral tribal traditions, subject to approval by the United States department of education.
(4) First peoples' language/culture teacher certificates issued before July 22, 2007, under rules approved by the state board of education or the professional educator standards board under a pilot program remain valid as certificates under this section, subject to the provisions of this chapter.
(5) Schools and school districts on or near tribal reservations are encouraged to contract with sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington and with first peoples' language, culture, and oral tribal traditions teacher certification programs for in-service teacher training and continuing education in the culture and history appropriate for their geographic area, as well as suggested pedagogy and instructional strategies.
[ 2007 c 319 s 2.]
Notes:
Findings—2007 c 319: "The legislature finds that:
(1) Teaching first peoples' languages, cultures, and oral tribal traditions is a critical factor in fostering successful educational experiences and promoting cultural sensitivity for all students. Experience shows that such teaching dramatically raises student achievement and that the effect is particularly strong for Native American students;
(2) Native American students have the highest high school dropout rate among all groups of students. Less than one-fourth of Native American students in the class of 2008 are on track to graduate based on the results of the Washington assessment of student learning. Positive and supportive educational experiences are critical for the success of Native American students;
(3) The sole expertise of sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington in the transmission of their indigenous languages, heritage, cultural knowledge, histories, customs, and traditions should be honored;
(4) Government-to-government collaboration between the state and the sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington serves to implement the spirit of the 1989 centennial accord and other similar government-to-government agreements, including the 2004 accord between the federally recognized Indian tribes with treaty reserved rights in the state of Washington;
(5) Establishing a first peoples' language, culture, and oral tribal traditions teacher certification program both achieves educational objectives and models effective government-to-government relationships;
(6) Establishing a first peoples' language, culture, and oral tribal traditions certification program implements the following policy objectives of the federal Native American languages act of 1990 (P.L. 101-477) in a tangible way:
(a) To preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages;
(b) To allow exceptions to teacher certification requirements for federal programs and programs funded in whole or in part by the federal government, for instruction in Native American languages when such teacher certification requirements hinder the employment of qualified teachers who teach in Native American languages, and to encourage state and territorial governments to make similar exceptions;
(c) To encourage and support the use of Native American languages as a medium of instruction in order to encourage and support Native American language survival, educational opportunity, increased student success and performance, increased student awareness and knowledge of their culture and history, and increased student and community pride;
(d) To encourage state and local education programs to work with Native American parents, educators, Indian tribes, and other Native American governing bodies in the implementation of programs to put this policy into effect; and
(e) To encourage all institutions of elementary, secondary, and higher education, where appropriate, to include Native American languages in the curriculum in the same manner as foreign languages and to grant proficiency in Native American languages the same full academic credit as proficiency in foreign languages;
(7) Establishing a first peoples' language, culture, and oral tribal traditions certification program is consistent with the intent of presidential executive order number 13336 from 2004, entitled "American Indian and Alaska native education," to assist students in meeting the challenging student academic standards of the no child left behind act of 2001 (P.L. 107-110) in a manner that is consistent with tribal traditions, languages, and cultures." [ 2007 c 319 s 1.]
Short title—2007 c 319: "This act may be known and cited as the "First peoples' language, culture, and oral tribal traditions teacher certification act: Honoring our ancestors."" [ 2007 c 319 s 4.]

catchline: First peoples' language, culture, and oral tribal traditions teacher certification program—Established—Rules.


title: RCW 28A.410.046

text:
(1) For the purposes of this section, an elementary mathematics specialist is a certificated teacher who has demonstrated at least the following knowledge and skills:
(a) Enhanced mathematics content knowledge and skills necessary to provide students in grades kindergarten through eight a deep understanding of the essential academic learning requirements and performance expectations in mathematics;
(b) Knowledge and skills in a variety of instructional strategies for teaching mathematics content; and
(c) Knowledge and skills in instructional strategies targeted for students struggling with mathematics.
(2) The legislature encourages the professional educator standards board to develop standards for and adopt a specialty endorsement for elementary mathematics specialists as defined under this section.
(3) School districts may work with local colleges and universities, educator preparation programs, and educational service districts to develop and offer training and professional development opportunities in the knowledge and skills necessary for a teacher to be considered an elementary mathematics specialist under this section.
(4) School districts are encouraged to use elementary mathematics specialists for direct instruction of students using an itinerant teacher model where the specialist rotates from classroom to classroom within the school.
[ 2011 c 209 s 2.]
Notes:
Finding—Intent—2011 c 209: "The legislature finds that significant changes have been made in recent years to improve Washington's mathematics standards. Additional mathematics coursework, at a more rigorous level, will be required for high school graduation. Efforts to increase the rigor of high school mathematics will ultimately not be successful unless students in elementary and middle school are better prepared in mathematics. Successful preparation is more likely to occur if students have the opportunity to receive instruction from a teacher with proficiency in both mathematics content and effective instructional methods in mathematics for elementary and middle school students. It is the legislature's intent to encourage elementary teachers who enjoy and excel in mathematics to become specialists, and to encourage school districts to assign these specialists to teach elementary and middle school mathematics, thereby transmitting both their expertise and their enthusiasm for the subject to their students." [ 2011 c 209 s 1.]

catchline: Elementary mathematics specialists.


title: RCW 28A.410.048

text:
(1) Standards for teacher endorsements with literacy-related competencies must include the essential components of language comprehension, phonological awareness, orthographic knowledge, fluency, vocabulary, and oral language development and proficiency and other competencies needed to teach using a literacy curriculum that meets the requirements of RCW 28A.230.025(2). The board shall adopt revised standards for any teacher endorsement with literacy-related competencies that does not meet the requirements of this subsection (1).
(2) The board shall require board-approved teacher preparation programs that offer endorsements with literacy-related competencies to incorporate any revised board-adopted standards into their instructional content within two academic years after the end of the academic year in which the revised standards are adopted.
(3)(a) The board shall, within existing resources, convene advisory groups of board-approved teacher preparation programs to develop, review, and share curricula, instructional materials, and open educational resources tailored to each literacy-related endorsement and designed to help teacher candidates be prepared at graduation to teach using a literacy curriculum that meets the requirements of RCW 28A.230.025(2).
(b) The public institutions of higher education approved to offer teacher endorsements with literacy-related competencies are encouraged to participate in the advisory groups under (a) of this subsection (3).
(4) For the purposes of this section, the following definitions apply:
(a) "Board" means the Washington professional educator standards board; and
(b) "Endorsement with literacy-related competencies" means an endorsement in elementary education, English language arts, literacy, special education, and any other endorsement determined by the board to include literacy-related competencies.
[ 2026 c 190 s 3.]
Notes:
Findings—Intent—2026 c 190: See note following RCW 28A.230.025.

catchline: Teacher endorsements with literacy-related competencies—Advisory groups—Definitions.


title: RCW 28A.410.050

text:
The Washington professional educator standards board shall develop and adopt rules establishing baccalaureate and master's degree equivalency standards for vocational instructors performing instructional duties and acquiring certification after August 31, 1992.
[ 2005 c 497 s 205; 1992 c 141 s 102; 1989 c 29 s 2; 1987 c 525 s 215. Formerly RCW 28A.70.042.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Intent—Short title—1987 c 525 ss 202-233: See notes following RCW 28A.410.040.
Severability—1987 c 525: See note following RCW 28A.300.050.

catchline: Baccalaureate and master's degree equivalency requirements for vocational instructors—Rules.


title: RCW 28A.410.060

text:
The fee for any certificate, or any renewal thereof, issued by the authority of the state of Washington, and authorizing the holder to teach or perform other professional duties in the public schools of the state shall be not less than one dollar or such reasonable fee therefor as the Washington professional educator standards board by rule shall deem necessary therefor. The fee must accompany the application and cannot be refunded unless the application is withdrawn before it is finally considered. The educational service district superintendent, or other official authorized to receive such fee, shall within thirty days transmit the same to the treasurer of the county in which the office of the educational service district superintendent is located, to be by him or her placed to the credit of said school district or educational service district: PROVIDED, That if any school district collecting fees for the certification of professional staff does not hold a professional training institute separate from the educational service district then all such moneys shall be placed to the credit of the educational service district.
Such fees shall be used solely for the purpose of precertification professional preparation, program evaluation, professional in-service training programs, and provision of certification services by educational service districts, in accordance with rules of the Washington professional educator standards board herein authorized.
[ 2008 c 107 s 1; 2005 c 497 s 206; 1990 c 33 s 407; 1975-'76 2nd ex.s. c 92 s 3; 1975-'76 2nd ex.s. c 15 s 17. Prior: 1975 1st ex.s. c 275 s 134; 1975 1st ex.s. c 192 s 1; 1969 ex.s. c 176 s 144; 1969 ex.s. c 223 s 28A.70.110; prior: 1965 c 139 s 20; 1909 c 97 p 336 s 3; RRS s 4968; prior: 1897 c 118 s 142. Formerly RCW 28A.70.110, 28.70.110, 28.70.120.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Severability—1975-'76 2nd ex.s. c 92: See note following RCW 28A.305.130.
Severability—1975 1st ex.s. c 192: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1975 1st ex.s. c 192 s 3.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.

catchline: Fee for certification—Disposition.


title: RCW 28A.410.062

text:
(1) The legislature finds that the current economic environment requires that the state, when appropriate, charge for some of the services provided directly to the users of those services. The office of the superintendent of public instruction is currently supported with state funds to process certification fees. In addition, the legislature finds that the processing of certifications should be moved to an online system that allows educators to manage their certifications and provides better information to policymakers. The legislature intends to assess a certification processing fee to eliminate state-funded support of the cost to issue educator certificates.
(2) In addition to the certification fee established under RCW 28A.410.060 for certificated instructional staff as defined in RCW 28A.150.203, the superintendent of public instruction shall charge an application processing fee for initial educator certificates and subsequent actions, and paraeducator certificates and subsequent actions. The superintendent of public instruction shall establish the amount of the fee by rule under chapter 34.05 RCW. The superintendent shall set the fee at a sufficient level to defray the costs of administering the educator certification program under RCW 28A.300.040(9) and the paraeducator certificate program under chapter 28A.413 RCW. Revenue generated through the processing fee shall be deposited in the educator certification processing account.
(3) The educator certification processing account is established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received from the fees collected in subsection (2) of this section. Moneys in the account may be spent only for the processing of educator certificates and subsequent actions and paraeducator certificates and subsequent actions. Disbursements from the account shall be on authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
[ 2017 c 237 s 16; 2011 1st sp.s. c 23 s 1.]
Notes:
Effective date—2011 1st sp.s. c 23: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [ 2011 1st sp.s. c 23 s 2.]

catchline: Initial educator certificates and paraeducator certificates—Application processing fee—Educator certification processing account.


title: RCW 28A.410.070

text:
(1) All certificates issued by the superintendent of public instruction shall be valid and entitle the holder thereof to employment in any school district of the state upon being registered by the school district if designated to do so by the school district, which fact shall be evidenced on the certificate in the words, "Registered for use in . . . . . . district," together with the date of registry, and an official signature of the person registering the same: PROVIDED, That a copy of the original certificate duly certified by the superintendent of public instruction may be used for the purpose of registry and endorsement in lieu of the original.
(2) The superintendent of public instruction may accept applications for educator certification that are submitted using an electronic signature from the applicant.
[ 2007 c 401 s 7; 1983 c 56 s 12; 1975-'76 2nd ex.s. c 92 s 4; 1975 1st ex.s. c 275 s 135; 1971 c 48 s 50; 1969 ex.s. c 223 s 28A.70.130. Prior: 1909 c 97 p 338 s 11; RRS s 4976; prior: 1897 c 118 s 147. Formerly RCW 28A.70.130, 28.70.130.]
Notes:
Findings—2007 c 401: See note following RCW 28A.300.500.
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1975-'76 2nd ex.s. c 92: See note following RCW 28A.305.130.
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Registration of certificates.


title: RCW 28A.410.080

text:
The school year for all matters pertaining to teacher certification or for computing experience in teaching shall consist of not fewer than one hundred eighty school days.
[ 1969 ex.s. c 223 s 28A.01.025. Prior: 1909 c 97 p 262 s 3, part; RRS s 4687, part; prior: 1903 c 104 s 22, part. Formerly RCW 28A.01.025, 28.01.010, part.]

catchline: School year—For certification or qualification purposes.


title: RCW 28A.410.085

text:
(1) The Washington professional educator standards board must adopt rules that make a local school district superintendent's or chief administrator's willful noncompliance with state law an act of unprofessional conduct and provide that a superintendent or chief administrator, whether certificated or not, may be held accountable for such conduct under rules established under this section. It is a defense to a finding of willful noncompliance with state law if the superintendent or chief administrator can show that they were actively attempting to bring the school district, charter school, or state-tribal education compact school into compliance with the applicable state law.
(2) For the purposes of this section, "willful" and "noncompliance with state law" have the same meaning as in RCW 28A.300.0711.
[ 2025 c 369 s 309.]
Notes:
Intent—2025 c 369 ss 302-315: See note following RCW 28A.300.0711.
Effective date—2025 c 369: See note following RCW 28A.320.209.

catchline: Willful noncompliance with state law—Act of unprofessional conduct.


title: RCW 28A.410.090

text:
(1)(a) Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules promulgated thereunder may be revoked or suspended by the authority authorized to grant the same based upon a criminal records report authorized by law, or upon the complaint of the professional educator standards board or any school district superintendent, educational service district superintendent, or private school administrator for lack of good moral character or personal fitness, violation of written contract, unprofessional conduct, intemperance, or crime against the law of the state. A reprimand may be issued as an alternative to suspension or revocation of a certificate or permit. School district superintendents, educational service district superintendents, the professional educator standards board, or private school administrators may file a complaint concerning any certificated employee of a school district, educational service district, or private school and this filing authority is not limited to employees of the complaining superintendent or administrator. Such written complaint shall state the grounds and summarize the factual basis upon which a determination has been made that an investigation by the superintendent of public instruction is warranted.
(b) If the superintendent of public instruction has reasonable cause to believe that an alleged violation of this chapter or rules adopted under it has occurred based on a written complaint alleging physical abuse or sexual misconduct by a certificated school employee filed by a parent or another person, but no complaint has been forwarded to the superintendent by a school district superintendent, educational service district superintendent, or private school administrator, and that a school district superintendent, educational service district superintendent, or private school administrator has sufficient notice of the alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an investigation to be made of the alleged violation, together with such other matters that may be disclosed in the course of the investigation related to certificated personnel.
(2) A parent or another person may file a written complaint with the superintendent of public instruction alleging physical abuse or sexual misconduct by a certificated school employee if:
(a) The parent or other person has already filed a written complaint with the educational service district superintendent concerning that employee;
(b) The educational service district superintendent has not caused an investigation of the allegations and has not forwarded the complaint to the superintendent of public instruction for investigation; and
(c) The written complaint states the grounds and factual basis upon which the parent or other person believes an investigation should be conducted.
(3) Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules adopted thereunder may be revoked or suspended by the authority authorized to grant the same upon complaint from the professional educator standards board alleging unprofessional conduct in the form of a fraudulent submission of a test for educators. A reprimand may be issued as an alternative to suspension or revocation of a certificate or permit. The professional educator standards board must issue to the superintendent of public instruction a written complaint stating the grounds and factual basis upon which the professional educator standards board believes an investigation should be conducted pursuant to this section. In all cases under this subsection, the person whose certificate is in question shall be given an opportunity to be heard and has the right to appeal as established in *RCW 28A.410.100.
(4)(a) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a guilty plea or the conviction of any felony crime specified under RCW 28A.400.322, in accordance with this section. The person whose certificate is in question shall be given an opportunity to be heard.
(b) Mandatory permanent revocation upon a guilty plea or the conviction of felony crimes specified under RCW 28A.400.322(1) shall apply to such convictions or guilty pleas which occur after July 23, 1989, and before July 26, 2009.
(c) Mandatory permanent revocation upon a guilty plea or conviction of felony crimes specified under RCW 28A.400.322(2) shall apply to such convictions or guilty pleas that occur on or after July 26, 2009.
(d) Revocation of any certificate or permit authorized under this chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction of a crime specified under RCW 28A.400.322 occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section.
(5)(a) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended or revoked, according to the provisions of this subsection, by the authority authorized to grant the certificate upon a finding that an employee has engaged in an unauthorized use of school equipment to intentionally access material depicting sexually explicit conduct or has intentionally possessed on school grounds any material depicting sexually explicit conduct; except for material used in conjunction with established curriculum. A first time violation of this subsection shall result in either suspension or revocation of the employee's certificate or permit as determined by the office of the superintendent of public instruction. A second violation shall result in a mandatory revocation of the certificate or permit.
(b) In all cases under this subsection (5), the person whose certificate is in question shall be given an opportunity to be heard and has the right to appeal as established in *RCW 28A.410.100. Certificates or permits shall be suspended or revoked under this subsection only if findings are made on or after July 24, 2005. For the purposes of this subsection, "sexually explicit conduct" has the same definition as provided in RCW 9.68A.011.
(6) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a finding that the certificate holder obtained the certificate through fraudulent means, including fraudulent misrepresentation of required academic credentials or prior criminal record. In all cases under this subsection, the person whose certificate is in question shall be given an opportunity to be heard and has the right to appeal as established in *RCW 28A.410.100. Certificates or permits shall be revoked under this subsection only if findings are made on or after July 26, 2009.
(7)(a) In determining whether an individual lacks good moral character or personal fitness under this chapter, the superintendent of public instruction may consider founded reports of child abuse or neglect made by the **department of social and health services pursuant to RCW 26.44.030.
(b) The **department of social and health services shall furnish the superintendent with reports of founded findings of child abuse or neglect in a timely fashion, but shall not disclose to the superintendent screened-out, inconclusive, or unfounded reports as defined in RCW 26.44.020.
(c) If the **department of social and health services inadvertently furnishes the superintendent with a screened-out, inconclusive, or unfounded report in violation of this section, the superintendent shall:
(i) Not consider the information contained in the reports for any purpose;
(ii) Notify the **department of social and health services of the violation of this section;
(iii) Notify the subject of the reports at his or her last known address of the department of social and health service's violation; and
(iv) Destroy the improperly disclosed reports.
[ 2017 3rd sp.s. c 33 s 4; 2013 c 163 s 1; 2009 c 396 s 5; 2005 c 461 s 2; 2004 c 134 s 2; 1996 c 126 s 2; 1992 c 159 s 4; 1990 c 33 s 408; 1989 c 320 s 1; 1975 1st ex.s. c 275 s 137; 1974 ex.s. c 55 s 2; 1971 c 48 s 51; 1969 ex.s. c 223 s 28A.70.160. Prior: 1909 c 97 p 345 s 1; RRS s 4992; prior: 1897 c 118 s 148. Formerly RCW 28A.70.160, 28.70.160.]
Notes:
Reviser's note: *(1) The right to appeal was eliminated from RCW 28A.410.100 by 2009 c 531 s 3.
**(2) The powers, duties, and functions of the department of social and health services pertaining to child welfare services under chapter 26.44 RCW were transferred to the department of children, youth, and families by 2017 3rd sp.s. c 6 s 803, effective July 1, 2018.
Effective date—1996 c 126: See note following RCW 28A.400.305.
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1989 c 320: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 320 s 7.]
Severability—1971 c 48: See note following RCW 28A.310.250.
Notification of conviction or guilty plea of certain felony crimes: RCW 43.43.845.

catchline: Revocation or suspension of certificate or permit to teach—Reprimand—Criminal basis—Complaints—Investigation—Process.


title: RCW 28A.410.095

text:
(1) The superintendent of public instruction may initiate and conduct investigations as may be reasonably necessary to establish the existence of any alleged violations of or noncompliance with this chapter or any rules adopted under it. For the purpose of any investigation or proceeding under this chapter, the superintendent or any officer designated by the superintendent may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the superintendent deems relevant and material to the inquiry.
(2) Investigations conducted by the superintendent of public instruction concerning alleged sexual misconduct towards a child shall be completed within one year of the initiation of the investigation or within thirty days of the completion of all proceedings, including court proceedings, resulting from an investigation conducted by law enforcement or child protective services if there is such an investigation. The superintendent of public instruction may take, for reasonable cause, additional time for completion of the investigation after informing the victim, the individual being investigated, and the school district that employs the individual being investigated of the reasons additional time is needed and the amount of additional time needed. Written notification must be provided to each of the parties who must be informed. The sole remedy for a failure to complete an investigation of sexual misconduct within the time allowed by this subsection is a civil penalty of fifty dollars per day for each day beyond the allowed time.
(3) If any person fails to obey a subpoena or obeys a subpoena but refuses to give evidence, any court of competent jurisdiction, upon application by the superintendent, may issue to that person an order requiring him or her to appear before the court and to show cause why he or she should not be compelled to obey the subpoena, and give evidence material to the matter under investigation. The failure to obey an order of the court may be punishable as contempt.
(4) Once an investigation has been initiated by the superintendent of public instruction, the investigation shall be completed regardless of whether the individual being investigated has resigned his or her position or allowed his or her teaching certificate to lapse. The superintendent shall make a written finding regarding each investigation indicating the actions taken, including a statement of the reasons why a complaint was dismissed or did not warrant further investigation or action by the superintendent, and shall provide such notice to each person who filed the complaint. Written findings under this section are subject to public disclosure under chapter 42.56 RCW.
(5) An investigation into sexual or physical abuse of a student by a school employee shall only be initiated by the superintendent of public instruction after the superintendent of public instruction verifies that the incident has been reported to the proper law enforcement agency or the department of social and health services as required under RCW 26.44.030.
[ 2005 c 274 s 245; 2004 c 134 s 1; 1992 c 159 s 5.]
Notes:
Findings—1992 c 159: See note following RCW 28A.400.303.

catchline: Violation or noncompliance—Investigatory powers of superintendent of public instruction—Requirements for investigation of alleged sexual misconduct towards a child—Court orders—Contempt—Written findings required.


title: RCW 28A.410.100

text:
Any teacher whose certificate to teach has been questioned under RCW 28A.410.090 shall have a right to be heard by the issuing authority before his or her certificate is revoked.
[ 2009 c 531 s 3; 2005 c 497 s 207; 1992 c 159 s 6; 1990 c 33 s 409; 1975 1st ex.s. c 275 s 138; 1971 c 48 s 52; 1969 ex.s. c 223 s 28A.70.170. Prior: 1909 c 97 p 346 s 3; RRS s 4994. Formerly RCW 28A.70.170, 28.70.170.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Revocation of authority to teach—Hearings.


title: RCW 28A.410.106

text:
Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if the department of social and health services certifies that the person is not in compliance with a support order or a *residential or visitation order as provided in RCW 74.20A.320. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a release issued by the department of social and health services stating that the person is in compliance with the order.
[ 1997 c 58 s 842.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Certificate or permit suspension—Noncompliance with support order—Reissuance.


title: RCW 28A.410.108

text:
For the purposes of reporting disciplinary actions taken against certificated staff to other states via a national database used by the office of the superintendent of public instruction, the following actions shall be reported: Suspension, surrender, revocation, denial, stayed suspension, reinstatement, and any written reprimand related to abuse and sexual misconduct. These actions will only be reported to the extent that they are accepted by the national clearinghouse, but if there are categories not included, the office of the superintendent of public instruction shall seek modification to the national clearinghouse format.
[ 2004 c 29 s 4.]
Notes:
Findings—2004 c 29: See note following RCW 28A.400.301.

catchline: Reporting disciplinary actions to national clearinghouse.