Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › APPEALS › Section 181-86-145 - Appeal procedure-Informal SPI review

Current through Register Vol. 24-14, July 15, 2024
Any person who appeals the decision or order to deny their
				  application, the issuance of a reprimand, or the order to suspend or revoke
				  their certificate must file a written notice with the superintendent of public
				  instruction within thirty calendar days following the date of postmarked
				  mailing or other notification, whichever is earlier, from the section of the
				  superintendent of public instruction's office responsible for certification of
				  the decision or order. A written notice of appeal is deemed filed upon actual
				  receipt during office hours by the section of the superintendent of public
				  instruction's office responsible for certification of the decision or
				  order.
The written notice must set forth the reasons why the
				  appellant believes their application should have been granted or why their
				  certificate should not be suspended or revoked, or why the reprimand should not
				  be issued whichever is applicable.
Following timely notice of appeal, the superintendent of
				  public instruction shall appoint a review officer who shall proceed as
				  follows:
(1) If the appeal does not
				involve good moral character, personal fitness, or unprofessional conduct, the
				review officer shall review the application and appeal notice and may request
				further written information including, but not limited to, an explanation from
				the person or persons who initially reviewed the application of the reason(s)
				why the application was denied. If the review officer deems it advisable, they
				shall schedule an informal meeting with the appellant, the person or persons
				who denied the application, and any other interested party designated by the
				review officer to receive oral information concerning the application. Any such
				meeting must be held within thirty calendar days of the date of receipt by the
				superintendent of public instruction of the timely filed appeal
				notice.
(2) If the appeal involves
				good moral character, personal fitness, or acts of unprofessional conduct, the
				review officer shall schedule an informal meeting of the applicant or education
				practitioner, the office of superintendent of public instruction, and/or
				counsel for the applicant or education practitioner with the admissions and
				professional conduct advisory committee. Such meeting shall be scheduled in
				accordance with the calendar of meetings of the advisory committee. However,
				the notice of appeal must be received at least thirty calendar days in advance
				of a scheduled meeting.
(3) Send by
				certified mail a written decision (i.e., findings of fact and conclusions of
				law) on the appeal within thirty calendar days from the date of post-marked
				mailing the timely filed appeal notice or informal meeting, whichever is later.
				The review officer may modify the decision to deny the application, the order
				to reprimand, or the order to suspend or revoke the certificate. Modifying the
				decision may include upholding, reversing, decreasing, or increasing the
				discipline, including changing the level of discipline imposed.
(4) The timelines stated herein may be
				extended by the review officer for cause.
(5) In the case of an action for suspension
				or revocation of a certificate, the review officer, if so requested by an
				appellant, shall delay any review under this section until all quasi-judicial
				administrative or judicial proceedings (i.e., criminal and civil actions),
				which the review officer and the appellant agree are factually related to the
				suspension or revocation proceeding, are completed, including appeals, if the
				appellant signs the agreement stated in WAC
				181-86-160.
				In requesting such delay, the appellant shall disclose fully all pending
				quasi-judicial administrative proceedings in which the appellant is
				involved.
(6) Forms of written
				notice accepted will be as published by the superintendent of public
				instruction.
Statutory
				  Authority:
				  RCW
				     28A.410.210. WSR 13-20-029, 181-86-145, filed
				  9/23/13, effective 10/24/13; WSR 06-14-010, 181-86-145, filed 6/22/06,
				  effective 7/23/06. WSR 06-02-051, recodified as 181-86-145, filed 12/29/05,
				  effective 1/1/06. Statutory Authority:
				  RCW
				     28A.150.290(1). WSR
				  02-19-050, 180-86-145, filed 9/11/02, effective 10/12/02. Statutory Authority:
				  RCW 28A.70.005. WSR 90-02-076, 180-86-145, filed 1/2/90, effective 2/2/90. WSR
				  13-20-001, §
										181-86-145, filed 9/18/2013,
				  effective 10/19/2013