SB 5180 — Adopting the interstate teacher mobility compact. (REVISED FOR PASSED LEGISLATURE: Concerning the licensure and employment of out-of-state teachers.)

(ii)10 TheSB commission5180 may accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.

(ii) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of p.commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

11 SB 5180.PL commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

and provided further, that the actual or alleged act, error, or omission didp. not result from that person's intentional or willful or wanton misconduct.

11 SB 5180 did not result from that person's intentional or willful or wanton misconduct.

p.(4) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws.

12(5) SBUpon 5180.PLdetermination (4)that Rulesan oremergency amendmentsexists, the commission may consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that the rulesusual rule-making procedures shall be adoptedretroactively orapplied ratifiedto atthe arule regularas orsoon specialas meetingreasonably ofpossible, thein commissionno inevent accordancelater withthan commission90 rulesdays andafter bylaws.the p.

(5)12 UponSB determination5180 that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that the usual rule-making procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.

(c) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rulerule; of the commission;

p.(b) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.

13 SB 5180.PL (b) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.

(c)p. All courts and all administrative agencies shall take judicial notice of the compact, the rules of the commission, and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of this compact, or which may affect the powers, responsibilities, or actions of the commission.

13 SB 5180 (c) All courts and all administrative agencies shall take judicial notice of the compact, the rules of the commission, and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of this compact, or which may affect the powers, responsibilities, or actions of the commission.

p.(4) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted.

14 SB 5180.PL (4) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted.

(6)p. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

14 SB 5180 (6) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

p.ARTICLE XI EFFECTUATION, WITHDRAWAL, AND AMENDMENT NEW SECTION.

15 SB 5180.PL ARTICLE XI EFFECTUATION, WITHDRAWAL, AND AMENDMENT NEW SECTION.

(a) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member statesp. to determine if the statute enacted by each such charter member state is materially different from the model compact statute.

15 SB 5180 states to determine if the statute enacted by each such charter member state is materially different from the model compact statute.

p.ARTICLE XII CONSTRUCTION AND SEVERABILITY NEW SECTION.

16 SB 5180.PL ARTICLE XII CONSTRUCTION AND SEVERABILITY NEW SECTION.

The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of any memberp. state or a state seeking membership in the compact, or of the United States or the applicability thereof to any other government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.

16 SB 5180 member state or a state seeking membership in the compact, or of the United States or the applicability thereof to any other government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.

Sec.

14.

RCW 28A.405.220 and 2016 c 85 s 2 are each amended to read as follows:

(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 p.

17 SB 5180.PL 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.--- RCW (the new chapter created in section 15 of this act) 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.

(((3))) (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 p.

18 SB 5180.PL 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.

(((4))) (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.

(((5))) (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.

(((6))) (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.

15.14.

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