reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › ADVISORY COMMITTEE › Section 181-86-095 - Admissions and professional conduct advisory committee-Duties

Current through Register Vol. 24-14, July 15, 2024
The duties of the admissions and professional conduct
				  advisory committee are as follows:
(1)
				To advise the superintendent of public instruction and the professional
				educator standards board on matters related to good moral character, personal
				fitness, and unprofessional conduct regarding education
				practitioners.
(2) To review
				informal appeals conducted under WAC
				181-86-140 and
				provide recommendations to the review officer on the content of the written
				decision.
Statutory Authority:
					 RCW
					    28A.410.210. 06-14-010, §
											181-86-095, filed 6/22/06,
					 effective 7/23/06. 06-02-051, recodified as §
											181-86-095, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-076, §
					 180-86-095, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › INVESTIGATIVE PROCEDURES › Section 181-86-100 - Reprimand or certificate suspension or revocation-Initiation of proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever the
				superintendent of public instruction or the designated administrative officer
				of the superintendent of public instruction having responsibility for
				certification becomes aware from whatever source that an education practitioner
				has had a professional license revoked or suspended by a licensing agency, has
				voluntarily surrendered a license or has been arrested, charged, or convicted
				for any felony offense included within WAC
				181-86-013(1)
				or (2), the superintendent of public
				instruction or the designated administrative officer shall cause an
				investigation.
(2) In all other
				cases, the initiation of investigative proceedings may begin only upon receipt
				of a written complaint from a school district or educational service district
				superintendent or the chief administrative officer of an approved private
				school or the chief administrative officer of a charter school. 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. The superintendent of public instruction shall
				provide the affected education practitioner with a copy of such written
				complaint and a copy of WAC
				181-86-180.
(3) Upon receipt of a written complaint from
				a school district or educational service district superintendent or the chief
				administrative officer of an approved private school or chief administrative
				officer of a charter school, the superintendent of public instruction will
				review the complaint and any supporting materials to determine whether a formal
				investigation should be pursued.
Statutory Authority:
					 RCW
					    28A.410.210. 06-14-010, §
											181-86-100, filed 6/22/06,
					 effective 7/23/06. 06-02-051, recodified as §
											181-86-100, filed 12/29/05,
					 effective 1/1/06. Statutory Authority:
					 RCW
					    28A.150.290(1). 02-19-050,
					 § 180-86-100, filed 9/11/02, effective 10/12/02. Statutory Authority:
					 RCW
					    28A.410.010. 91-08-056, § 180-86-100,
					 filed 4/2/91, effective 5/3/91. Statutory Authority: RCW 28A.70.005. 90-02-076,
					 § 180-86-100, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › INVESTIGATIVE PROCEDURES › Section 181-86-105 - Duty of educational service district superintendent to investigate complaints

Current through Register Vol. 24-14, July 15, 2024
(1) Each
				educational service district superintendent shall cause to be investigated all
				written and signed complaints, from whatever source, that allege that a
				certificated education professional within their educational service district
				is not of good moral character or personal fitness or has committed an act of
				unprofessional conduct. If the educational service district superintendent them
				self is the subject of the complaint, the educational service district
				superintendent will forward the complaint to the superintendent of public
				instruction for investigation.
(2)
				If the educational service district superintendent investigates and determines
				the facts are reliable and further investigation by the superintendent of
				public instruction is warranted, the educational service district
				superintendent shall forward the written complaint and the results of their
				investigation to the superintendent of public instruction.
(3) If the educational service district
				superintendent, after consultation with the assistant attorney general assigned
				to their educational service district, determines that the substance of the
				complaint would not constitute grounds for reprimand, suspension, or revocation
				if true, then such educational service district superintendent need not
				investigate the complaint.
(4) If
				the educational service district superintendent receives a written assurance
				from the superintendent of public instruction, a district superintendent, or a
				chief administrative officer of an approved private school that such official
				is investigating or will investigate the same or a substantially similar
				complaint, the educational service district superintendent shall be deemed to
				have caused an investigation in compliance with this section.
06-02-051, recodified as §
											181-86-105, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-076, §
					 180-86-105, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › INVESTIGATIVE PROCEDURES › Section 181-86-110 - Duty of ESD superintendent, district superintendent and private school administrator to file complaints

Current through Register Vol. 24-14, July 15, 2024
(1) When
				an educational service district superintendent, a district superintendent,
				chief administrative officer of a charter school, or the chief administrative
				officer of an approved private school possesses sufficient reliable information
				to believe that a certificated employee within such district or approved
				private school is not of good moral character or personally fit or has
				committed an act of unprofessional conduct, such superintendent or chief
				administrative officer, within a reasonable period of time of making such
				determination, shall file a written complaint with the superintendent of public
				instruction.
(2) If an educational
				service district, charter school, or school district is considering action to
				discharge an employee of such district, the educational service district,
				charter school, or school district superintendent need not file such complaint
				until ten calendar days after making the final decision to serve or not serve
				formal notice of discharge.
06-02-051, recodified as §
											181-86-110, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-076, §
					 180-86-110, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › INVESTIGATIVE PROCEDURES › Section 181-86-116 - Investigative priorities-Levels of acts or omissions of misconduct

Current through Register Vol. 24-14, July 15, 2024
(1) In prioritizing
				the investigation of alleged misconduct, lack of fitness, or unprofessional
				conduct by an education practitioner, the superintendent of public instruction
				or designee may consider the following in order from Level I of higher priority
				to Level IV of lower priority.
In determining priority for investigation, the
				  superintendent of public instruction or designee may also consider the
				  efficient use of available resources, the relative urgency or lack of urgency
				  in resolving various complaints in the public interest, the provisional
				  contract status of the education practitioner, and the right to recommend forms
				  of discipline appropriate to the offenses committed.
(a)
Level I.
Level I actions are
				those allegations, if proven true, for which permanent mandatory revocation is
				the appropriate disciplinary action. They include the following convictions for
				which permanent revocation of a certificate is mandatory under
				RCW
				   28A.410.090
The following convictions are as described under
				  RCW
				     28A.400.322.
(i) Guilty plea or conviction occurring after
				July 23, 1989, and before July 26, 2009, for any of the following felony
				crimes:
(A) Any felony crime involving the
				physical neglect of a child under chapter 9A.42 RCW;
(B) The physical injury or death of a child
				under chapter 9A.32 or 9A.36 RCW, except motor vehicle violations under chapter
				46.61 RCW;
(C) Sexual exploitation
				of a child under chapter 9.68A RCW;
(D) Sexual offenses under chapter 9A.44 RCW
				where a minor is the victim;
(E)
				Promoting prostitution of a minor under chapter 9A.88 RCW;
(F) The sale or purchase of a minor child
				under
				RCW
				   9A.64.030;
(G) Violation of laws of another jurisdiction
				that are similar to those specified in (a)(i)(A) through (F) of this
				subsection.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › ISSUANCE OF ORDERS › Section 181-86-120 - Issuance of denial order by superintendent of public instruction

Current through Register Vol. 24-14, July 15, 2024
Whenever the superintendent of public instruction takes
				  action to deny an application, the superintendent of public instruction, in
				  accordance with the provisions of this chapter, shall issue an order of denial
				  of application for certification or endorsement to the applicant or affected
				  education practitioner and shall provide such person a copy of applicable
				  administrative appeal procedures provided in this chapter.
06-02-051, recodified as §
											181-86-120, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-076, §
					 180-86-120, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › ISSUANCE OF ORDERS › Section 181-86-130 - Issuance of order for reprimand, suspension, or revocation by superintendent of public instruction

Current through Register Vol. 24-14, July 15, 2024
Whenever the superintendent of public instruction takes
				  action to suspend or revoke a certificate or reprimand an education
				  practitioner, the superintendent of public instruction, in accordance with the
				  provisions of this chapter, shall issue an order of reprimand, suspension, or
				  revocation to the affected education practitioner and shall provide such person
				  a copy of applicable administrative appeal procedures provided in this chapter.
				  If the order is to suspend or revoke a certificate and the superintendent of
				  public instruction has knowledge that such education practitioner is employed
				  within the common school system or by an approved private school, the
				  superintendent of public instruction shall advise such employer that an order
				  has been sent to the employee.
Statutory Authority:
					 RCW
					    28A.410.210. 06-19-010, §
											181-86-130, filed 9/8/06,
					 effective 10/9/06. 06-02-051, recodified as §
											181-86-130, filed 12/29/05,
					 effective 1/1/06. Statutory Authority:
					 RCW
					    28A.150.290(1). 02-19-050,
					 § 180-86-130, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW
					 28A.70.005. 90-02-076, § 180-86-130, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › ISSUANCE OF ORDERS › Section 181-86-135 - Issuance of final order for lapsing, reprimand, suspension, or revocation by superintendent of public instruction

Current through Register Vol. 24-14, July 15, 2024
Final orders for lapsing, reprimand, suspension, and
				  revocation shall be issued by the superintendent of public instruction as
				  follows:
(1) If the education
				practitioner fails to appeal a proposed order under this chapter within thirty
				calendar days following the date of mailing the proposed order, the
				superintendent of public instruction shall issue a final order of lapsing,
				reprimand, suspension, or revocation.
(2) If the education practitioner appeals a
				proposed order under this chapter, the superintendent of public instruction
				shall not issue a final order until completion of the informal review process
				by the superintendent of public instruction.
06-02-051, recodified as §
											181-86-135, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-076, §
					 180-86-135, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › APPEALS › Section 181-86-140 - Appeal-General

Current through Register Vol. 24-14, July 15, 2024
Any person who applies directly to the superintendent of
				  public instruction for a certificate, particular endorsement, certificate
				  renewal, or certificate reinstatement whose application is denied or any person
				  who is notified that their certificate is suspended or revoked or that a
				  reprimand order has been issued shall be advised that they are entitled to
				  appeal that decision to the superintendent of public instruction if they follow
				  the procedures established in this chapter.
The appeal procedure may not be used to seek reinstatement
				  of a certificate if that certificate has been revoked in the preceding twelve
				  months by the superintendent of public instruction.
The appeal procedure to the superintendent of public
				  instruction consists of two levels, one informal and one formal. The use of the
				  informal level is a condition precedent to use of the formal level. In
				  addition,
				  RCW
				     34.05.570 provides for judicial review of
				  such decisions.
Statutory Authority:
					 RCW
					    28A.410.210. 11-14-112, §
											181-86-140, filed 7/6/11,
					 effective 8/6/11; 06-14-010, §
											181-86-140, filed 6/22/06,
					 effective 7/23/06. 06-02-051, recodified as §
											181-86-140, filed 12/29/05,
					 effective 1/1/06. Statutory Authority:
					 RCW
					    28A.150.290(1). 02-19-050,
					 § 180-86-140, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW
					 28A.70.005. 90-02-076, § 180-86-140, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › APPEALS › Section 181-86-160 - Agreement not to continue or accept educational employment

Current through Register Vol. 24-14, July 15, 2024
The agreement required for deferring suspension or revocation
				  proceedings shall read as follows:
"I, . . . . . ., have received notice in the form of an order
				  to suspend or revoke that the superintendent of public instruction believes
				  sufficient cause exists for the suspension or revocation of the following
				  certificate(s):
(1) . . . . . . . . .
				. . . Cert. No. . . . . . . . . . . ..
(2) . . . . . . . . . . . . Cert. No. . . . .
				. . . . . . . .
As a condition to a delay in the hearing date, I agree not to
				  commence or continue employment in any Washington public or private school or
				  agency in a position requiring such certificate until the superintendent of
				  public instruction dismisses the case without a hearing or until a hearing has
				  been held and the final decision is rendered by the superintendent of public
				  instruction. I further agree to advise the review officer assigned to my
				  suspension or revocation proceedings of all decisions rendered in any
				  administrative or judicial tribunal and all appeals therefrom which the review
				  officer and I have agreed are factually related to the action to suspend or
				  revoke my certificate(s). I understand my failure to abide by this agreement is
				  an act of unprofessional conduct and, therefore, may be sufficient cause for
				  revocation of my certificate(s)."
06-02-051, recodified as §
											181-86-160, filed 12/29/05,
					 effective 1/1/06. Statutory Authority:
					 RCW
					    28A.150.290(1). 02-19-050,
					 § 180-86-160, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW
					 28A.70.005. 90-02-076, § 180-86-160, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › APPEALS › Section 181-86-165 - Waiver of requirement for timely appeal

Current through Register Vol. 24-14, July 15, 2024
The requirements in this chapter for timely notice of appeal
				  shall be waived if justifiable cause is established by the appellant, including
				  failure to receive such notice without fault of the appellant or a plausible
				  reason by the appellant for failure to understand the nature of or the
				  timelines within the received notice.
06-02-051, recodified as §
											181-86-165, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-076, §
					 180-86-165, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › APPEALS › Section 181-86-170 - Burden and standard of proof

Current through Register Vol. 24-14, July 15, 2024
The following burden and standard of proof shall be
				  applicable:
(1) If an application for
				certification or reinstatement has been denied for lack of good moral character
				or personal fitness, the evidence submitted by the applicant must prove by
				clear and convincing evidence that he or she is of good moral character and
				personal fitness or the application will be denied.
(2) In a suspension or revocation proceeding,
				the superintendent of public instruction must prove by clear and convincing
				evidence that the education practitioner is not of good moral character or
				personal fitness or has committed an act of unprofessional conduct.
(3) In all other proceedings, including
				reprimand, the standard of proof shall be a preponderance of
				evidence.
06-02-051, recodified as §
											181-86-170, filed 12/29/05,
					 effective 1/1/06. Statutory Authority:
					 RCW
					    28A.150.290(1). 02-19-050,
					 § 180-86-170, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW
					 28A.70.005. 90-02-076, § 180-86-170, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › EMERGENCY SUSPENSION › Section 181-86-175 - Emergency suspension of certificate

Current through Register Vol. 24-14, July 15, 2024
Notwithstanding any other provision of this chapter, the
				  superintendent of public instruction, under
				  RCW
				     34.05.479, may emergency suspend a
				  certificate if the superintendent of public instruction finds that the public
				  health, safety, or welfare of students, colleagues, or the general public
				  imperatively requires emergency action. In such cases, the holder of the
				  certificate who is subjected to emergency suspension of their certificate shall
				  have the right to begin an informal review of such action within forty-eight
				  hours of filing a notice of appeal with the superintendent of public
				  instruction or, if applicable, to sign an agreement under WAC
				  181-86-180.
				  If such an agreement is signed or, if not, unless the superintendent of public
				  instruction sustains the emergency action within seven calendar days of the
				  filing of the notice of appeal, the emergency suspension shall be void. The
				  superintendent of public instruction, in carrying out this duty, may contract
				  with the office of administrative hearings, under
				  RCW
				     28A.300.120, to hear the appeal and sustain
				  the emergency action.
Statutory Authority:
					 RCW
					    28A.410.210. 06-14-010, §
											181-86-175, filed 6/22/06,
					 effective 7/23/06. 06-02-051, recodified as §
											181-86-175, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-076, §
					 180-86-175, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › VOLUNTARY SURRENDER › Section 181-86-180 - Voluntary surrender of certificates

Current through Register Vol. 24-14, July 15, 2024
A holder of a certificate who has not received a final order
				  for revocation of their certificate may voluntarily surrender their certificate
				  to the superintendent of public instruction for any reason other than
				  conviction of a felony crime stated under WAC 18186-013 (1) and (2).
An education practitioner voluntarily surrendering a
				  certificate shall provide the superintendent of public instruction the
				  following affidavit.
"I hereby voluntarily surrender my certificate(s).
				  Certificate #......
I further understand that the superintendent of public
				  instruction will notify other states and public and private school officials
				  with the state of Washington that I have voluntarily surrendered my
				  certificate(s)."
Name: Certificate Number:
Upon request for reinstatement of such certificate, the
				  applicant must comply with chapter 181-77 or 181-79A WAC and, in addition, must
				  disclose in full the reasons for the voluntary surrender of the certificate. If
				  the surrendered certificate would have expired or lapsed but for the
				  surrendering of the certificate, the applicant must meet all requirements for
				  reinstating an expired or lapsed certificate.
Statutory Authority:
					 RCW
					    28A.410.210. 06-14-010, §
											181-86-180, filed 6/22/06,
					 effective 7/23/06. 06-02-051, recodified as §
											181-86-180, filed 12/29/05,
					 effective 1/1/06. Statutory Authority:
					 RCW
					    28A.150.290(1). 02-19-050,
					 § 180-86-180, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW
					 28A.70.005. 90-02-076, § 180-86-180, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › PUBLIC NOTICE AND REPORT › Section 181-86-185 - Notification of denial, surrender, suspension, or revocation of certificates

Current through Register Vol. 24-14, July 15, 2024
The superintendent of public instruction shall notify all
				  other states whenever an applicant has been denied a certificate for failure to
				  possess good moral character or personal fitness or whenever a certificate has
				  been suspended, surrendered, or revoked and shall provide the full name and
				  certificate number, if applicable, to the agency responsible for certification
				  in each state. The superintendent of public instruction shall notify
				  appropriate public or private school officials within the state the name and
				  certification number of all education practitioners whose certificates have
				  been suspended, surrendered, or revoked.
Statutory Authority:
					 RCW
					    28A.410.210. 06-19-010, §
											181-86-185, filed 9/8/06,
					 effective 10/9/06. 06-02-051, recodified as §
											181-86-185, filed 12/29/05,
					 effective 1/1/06. Statutory Authority:
					 RCW
					    28A.150.290(1). 02-19-050,
					 § 180-86-185, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW
					 28A.70.005. 90-02-076, § 180-86-185, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › PUBLIC NOTICE AND REPORT › Section 181-86-200 - Annual report

Current through Register Vol. 24-14, July 15, 2024
The superintendent of public instruction, annually, shall
				  transmit to the professional educator standards board a factual report
				  describing the administration of this chapter. The report shall include:
(1) Number of the following actions:
(a) Voluntary surrenders of
				certificates.
(b) Reprimands,
				suspensions, and revocations.
(c)
				Cases investigated.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › Section 181-87-003 - Authority

Current through Register Vol. 24-14, July 15, 2024
The authority for this chapter is
				RCW
				   28A.410.010 which authorizes the professional
				educator standards board to establish, publish, and enforce rules determining
				eligibility for and certification of personnel employed in the common schools
				of this state. This authority is supplemented by
				RCW
				   28A.410.090 which authorizes the revocation
				and suspension of certificates, as well as reprimands, for unprofessional
				conduct. (Note:
				RCW
				   28A.195.010(3)(a) requires
				most private school classroom teachers to hold appropriate Washington state
				certification with few exceptions.)
Statutory Authority:
				  RCW
				     28A.410.210. 06-14-010, §
										181-87-003, filed 6/22/06,
				  effective 7/23/06. 06-02-051, recodified as §
										181-87-003, filed 12/29/05,
				  effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
				  180-87-003, filed 1/2/90, effective
				  2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › Section 181-87-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The sole purpose of this chapter is to set forth policies and
				procedures related to reprimand, suspension, and revocation actions respecting
				certification of education practitioners in the state of Washington for acts of
				unprofessional conduct. It is recognized that grounds for the discharge,
				nonrenewal of contracts, or other adverse change in contract status affecting
				the employment contracts of education practitioners are broader than stated
				herein. The grounds set forth as unprofessional conduct in this chapter shall
				not limit discharge, nonrenewal of contracts, or other employment action by
				employers of education practitioners.
06-02-051, recodified as §
										181-87-005, filed 12/29/05,
				  effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
				  180-87-005, filed 1/2/90, effective
				  2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › Section 181-87-010 - Public policy goals of chapter

Current through Register Vol. 24-14, July 15, 2024
The public policy goals of this chapter are as follows:
(1) To protect the health, safety, and
			 general welfare of students within the state of Washington.
(2) To assure the citizens of the state of
			 Washington that education practitioners are accountable for acts of
			 unprofessional conduct.
(3) To
			 define and provide notice to education practitioners within the state of
			 Washington of the acts of unprofessional conduct for which they are accountable
			 under the provisions of chapter 181-86 WAC.
Statutory Authority:
				  RCW
				     28A.410.210. 06-14-010, §
										181-87-010, filed 6/22/06,
				  effective 7/23/06. 06-02-051, recodified as §
										181-87-010, filed 12/29/05,
				  effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
				  180-87-010, filed 1/2/90, effective
				  2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › Section 181-87-015 - Accountability for acts of unprofessional conduct

Current through Register Vol. 24-14, July 15, 2024
Any educational practitioner who commits an act of
				unprofessional conduct proscribed within this chapter may be held accountable
				for such conduct under the provisions of chapter 181-86 WAC.
Statutory Authority:
				  RCW
				     28A.410.210. 06-14-010, §
										181-87-015, filed 6/22/06,
				  effective 7/23/06. 06-02-051, recodified as §
										181-87-015, filed 12/29/05,
				  effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
				  180-87-015, filed 1/2/90, effective
				  2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ADMINISTRATIVE PROVISIONS › Section 181-87-020 - Applicability of chapter to private conduct

Current through Register Vol. 24-14, July 15, 2024
As a general rule, the provisions of this chapter shall not
				  be applicable to the private conduct of an education practitioner except where
				  the education practitioner's role as a private person is not clearly
				  distinguishable from the role as an education practitioner and the fulfillment
				  of professional obligations.
06-02-051, recodified as §
											181-87-020, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-020, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ADMINISTRATIVE PROVISIONS › Section 181-87-025 - Exclusivity of chapter

Current through Register Vol. 24-14, July 15, 2024
No act, for the purpose of this chapter, is defined as an act
				  of unprofessional conduct unless it is included in this
				  chapter.
06-02-051, recodified as §
											181-87-025, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-025, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ADMINISTRATIVE PROVISIONS › Section 181-87-030

Current through Register Vol. 24-14, July 15, 2024
06-02-051, recodified as §
											181-87-030, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-030, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ADMINISTRATIVE PROVISIONS › Section 181-87-035 - Education practitioner-Definition

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, the term "education practitioner"
				  means any certificate holder licensed under Title 181 WAC of the professional
				  educator standards board to serve as a certificated employee, or any person
				  serving in a position for which certification is required under Title 181 WAC
				  of the professional educator standards board.
Statutory Authority:
					 RCW
					    28A.410.210. 06-14-010, §
											181-87-035, filed 6/22/06,
					 effective 7/23/06. 06-02-051, recodified as §
											181-87-035, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-035, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ADMINISTRATIVE PROVISIONS › Section 181-87-040 - Student - Definition

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, the term "student" means the
				  following:
(1) Any student who is
				under the supervision, direction, or control of the education
				practitioner.
(2) Any student
				enrolled in any school or school district served by the education
				practitioner.
(3) Any student
				enrolled in any school or school district while attending a school related
				activity at which the education practitioner is performing professional
				duties.
(4) Any former student who
				is under eighteen years of age and who has been under the supervision,
				direction, or control of the education practitioner. Former student, for the
				purpose of this section, includes but is not limited to drop outs, graduates,
				and students who transfer to other districts or schools.
06-02-051, recodified as §
											181-87-040, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-040, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ADMINISTRATIVE PROVISIONS › Section 181-87-045 - Colleague-Definition

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, the term "colleague" includes a
				  certificated educator or any individual employed on a permanent or temporary
				  basis.
06-02-051, recodified as §
											181-87-045, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-045, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-050 - Misrepresentation or falsification in the course of professional practice

Current through Register Vol. 24-14, July 15, 2024
Any falsification or deliberate misrepresentation, including
				  omission, of a material fact by an education practitioner concerning any of the
				  following is an act of unprofessional conduct:
(1) Statement of professional
				qualifications.
(2) Application or
				recommendation for professional employment, promotion, certification, or an
				endorsement.
(3) Application or
				recommendation for college or university admission, scholarship, grant,
				academic award, or similar benefit.
(4) Representation of completion of inservice
				or continuing education credit hours.
(5) Evaluations or grading of students and/or
				personnel.
(6) Financial or program
				compliance reports submitted to state, federal, or other governmental
				agencies.
(7) Information submitted
				in the course of an official inquiry by the superintendent of public
				instruction related to the following:
(a)
				Good moral character or personal fitness.
(b) Acts of unprofessional conduct.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-055 - Alcohol or controlled substance abuse

Current through Register Vol. 24-14, July 15, 2024
Unprofessional conduct includes:
(1) Being under the influence, as defined in
				RCW
				   46.61.506, of alcohol, marijuana or of a
				controlled substance, as defined in chapter 69.50 RCW, on school premises or at
				a school-sponsored activity involving students, following:
(a) Notification to the education
				practitioner by their employer of concern regarding alcohol or substance abuse
				affecting job performance;
(b) A
				recommendation by the employer that the education practitioner seek counseling
				or other appropriate and available assistance; and
(c) The education practitioner has had a
				reasonable opportunity to obtain such assistance.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-060 - Disregard or abandonment of generally recognized professional standards

Current through Register Vol. 24-14, July 15, 2024
Any performance of professional practice in flagrant
				  disregard or clear abandonment of generally recognized professional standards
				  in the course of any of the following professional practices is an act of
				  unprofessional conduct:
(1)
				Assessment, treatment, instruction, or supervision of students.
(2) Employment or evaluation of
				personnel.
(3) Management of moneys
				or property.
06-02-051, recodified as §
											181-87-060, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-060, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-062 - Digital communication

Current through Register Vol. 24-14, July 15, 2024
(1)
				Unprofessional conduct includes inappropriate digital communication with a
				student including, but not limited to: Cell phone, text messaging, email,
				instant messaging, blogging, or other social media or social network
				communication.
(2) Factors that may
				be considered in assessing whether the communication is inappropriate include,
				but are not limited to:
(a) The nature,
				purpose, timing, and amount of the communication;
(b) The subject matter of the
				communication;
(c) Whether the
				communication was made openly, or the educator attempted to conceal the
				communication;
(d) Whether the
				communication could be reasonably interpreted as soliciting sexual contact or a
				romantic relationship, was sexually explicit, or involved discussion of the
				sexual history, activities, or preferences of either the educator or the
				student.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-065 - Abandonment of contract for professional services

Current through Register Vol. 24-14, July 15, 2024
Any permanent abandonment, constituting a substantial
				  violation without good cause, of one of the following written contracts to
				  perform professional services for a private school or a school or an
				  educational service district is an act of unprofessional conduct:
(1) An employment contract, excluding any
				extracurricular or other specific activity within such contract or any
				supplementary contract.
(2)
				Professional service contract.
06-02-051, recodified as §
											181-87-065, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-065, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-070 - Unauthorized professional practice

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any act performed without good cause that materially contributes to one of the
				following unauthorized professional practices is an act of unprofessional
				practice.
(a) The intentional employment of a
				person to serve as an employee in a position for which certification is
				required by rules of the professional educator standards board when such person
				does not possess, at the time of commencement of such responsibility, a valid
				certificate to hold the position for which such person is employed.
(b) The assignment or delegation in a school
				setting of any responsibility within the scope of the authorized practice of
				nursing, physical therapy, or occupational therapy to a person not licensed to
				practice such profession unless such assignment or delegation is otherwise
				authorized by law, including the rules of the appropriate licensing
				board.
(c) The practice with an
				expired, lapsed, suspended, surrendered, or revoked certificate in a position
				for which certification is required under Title 181 WAC of the professional
				educator standards board.
(d) The
				failure of an education practitioner to abide by the conditions within an
				agreement, executed under WAC
				181-86-160,
				to not continue or to accept education employment.
(e) The failure of an education practitioner
				to comply with any condition, limitation, or other order or decision entered
				under chapter 181-86 WAC.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-080 - Sexual misconduct with students

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, "sexual misconduct with students"
				  means:
(1) Unprofessional conduct
				includes the commission by an education practitioner of any sexually exploitive
				act with or to a student including, but not limited to, the following:
(a) Any sexual advance, verbal or
				physical;
(b) Sexual intercourse as
				defined in RCW 9A.44.-010;
(c)
				Indecent exposure as defined in RCW 9A.88.-010;
(d) Sexual contact, i.e., the intentional
				touching of the sexual or other intimate parts of a student except to the
				extent necessary and appropriate to attend to the hygienic or health needs of
				the student;
(e) Engaging in sexual
				grooming of a student, such as befriending and/or establishing a connection
				with a student or a student's family to lower the student's inhibitions for the
				purpose of a sexual relationship.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-085 - Furnishing alcohol or controlled substance to students

Current through Register Vol. 24-14, July 15, 2024
Unprofessional conduct includes the illegal furnishing of
				  alcohol or a controlled substance, as defined in
				  chapter
				  69.50 RCW, to any student
				  by an education practitioner.
06-02-051, recodified as §
											181-87-085, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-085, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-090 - Improper remunerative conduct

Current through Register Vol. 24-14, July 15, 2024
Any deliberate act in the course of professional practice
				  which requires or pressures students to purchase equipment, supplies, or
				  services from the education practitioner in a private remunerative capacity is
				  an act of unprofessional conduct.
06-02-051, recodified as §
											181-87-090, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-090, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-093 - Failure to assure the transfer of student record information or student records

Current through Register Vol. 24-14, July 15, 2024
The failure of a principal or other certificated chief
				  administrator of a public school building to make a good faith effort to assure
				  compliance with
				  RCW
				     28A.225.330 by establishing, distributing,
				  and monitoring compliance with written procedures that are reasonably designed
				  to implement the statute shall constitute an act of unprofessional
				  conduct.
06-02-051, recodified as §
											181-87-093, filed 12/29/05,
					 effective 1/1/06. Statutory Authority:
					 RCW
					    28A.410.010,
					 28A.225.330(3) and 1995 c 311. 96-08-012, § 180-87-093, filed 3/25/96, effective
					 4/25/96.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-87 - Professional certification-Acts of unprofessional conduct › ACTS OF UNPROFESSIONAL CONDUCT › Section 181-87-095 - Failure to file a complaint

Current through Register Vol. 24-14, July 15, 2024
The intentional or knowing failure of an educational service
				  district superintendent, a district superintendent, or a chief administrator of
				  a private school to file a complaint under WAC
				  181-86-110
				  regarding the lack of good moral character or personal fitness of an education
				  practitioner or the commission of an act of unprofessional conduct by an
				  education practitioner is an act of unprofessional conduct.
Statutory Authority:
					 RCW
					    28A.410.210. 06-14-010, §
											181-87-095, filed 6/22/06,
					 effective 7/23/06. 06-02-051, recodified as §
											181-87-095, filed 12/29/05,
					 effective 1/1/06. Statutory Authority: RCW 28A.70.005. 90-02-075, §
					 180-87-095, filed 1/2/90, effective
					 2/2/90.
Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-88 - Definitions of sexual misconduct, verbal abuse and physical abuse - Mandatory disclosure - Prohibited agreements › Section 181-88-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose
			 of this chapter is to provide the safest educational environment for children
			 and staff and to implement legislative direction by:
(a) Defining the term "sexual misconduct" for
			 purposes of requiring school districts to forward known information about
			 employee sexual misconduct to prospective school district employers;
			 and
(b) Defining "sexual
			 misconduct," "verbal abuse," and "physical abuse" for purposes of prohibiting
			 school districts from entering into any contract or agreement that has the
			 effect of suppressing information about verbal or physical abuse or sexual
			 misconduct by a present or former employee, or has the effect of expunging such
			 information from employer files.