WSR 97-03-044

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed January 10, 1997, 10:58 a.m.]

Date of Adoption: January 8, 1997.

Purpose: This chapter of WAC as currently written contains references to enrollment forms and other WAC sections that no longer exist. The purpose of the change will be to update those obsolete references. No financial impact to either nonhigh or high districts will occur because of these changes.

Citation of Existing Rules Affected by this Order: Amending WAC 392-132-010, 392-132-030, and 392-132-040.

Statutory Authority for Adoption: RCW 28A.545.110.

Adopted under notice filed as WSR 96-24-043 on November 27, 1996.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 3, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 3, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 3, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

January 8, 1997

Judith A. Billings

Superintendent of

Public Instruction

AMENDATORY SECTION (Amending Order 18, filed 7/19/90, effective 8/19/90)

WAC 392-132-010 Authority. This chapter is adopted pursuant to authority vested in the superintendent of public instruction by RCW 28A.545.110 and 84.52.0531(((7))) (10). RCW 28A.545.110 provides that the superintendent of public instruction may adopt rules and regulations for the payments to high school districts for educating nonhigh district students. RCW 84.52.0531(((7))) (10) provides that the superintendent of public instruction shall develop rules and regulations for the calculation of the excess maintenance and operation levy transfer from high school districts to nonhigh school districts.

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-132-010, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.44.230 and 84.52.053(7). 84-13-024 (Order 84-14), 392-132-010, filed 6/13/84.]

AMENDATORY SECTION (Amending Order 84-14, filed 6/13/84)

WAC 392-132-030 Definitions. (1) "Estimated amount due" for a school year shall mean the result of the following calculation:

The high school district's maintenance and operations excess levy that was certified as collectible for the calendar year in which the school year ends is divided by the estimated number of average annual full-time equivalent (AAFTE) students who reside within the boundaries of the high school district. That quotient is multiplied by the estimated number of AAFTE nonhigh district students enrolled in the serving high school district during the school year as reported on Form P-213.

(2) "Actual amount due" for a school year shall mean the result of the following calculation:

The high school district's maintenance and operations excess levy that was certified as collectible for the calendar year in which the school year ended is divided by the actual number of AAFTE students who resided within the boundaries of the high school district. That quotient is multiplied by the actual number of AAFTE nonhigh district students enrolled in the serving high school district during the school year as reported on Form P-213.

(3) "Estimated number of AAFTE students who reside within the boundaries of the high school district" during a school year shall mean the result of the following calculation:

Average the total number of AAFTE students served by the high school district reported on the Form((s)) P-223 available at the time of the calculation of the nonhigh billing. Subtract from this average the average number of AAFTE students attending the high school district's cooperative programs ((as)) and reported as nonresident on Form((s P-223NR)) P-223 available at the time of the calculation of the nonhigh bill. Also subtract all the estimated AAFTE nonhigh enrollment served by the nonhigh district as reported on Form((s)) P-213. Add the average number of AAFTE students who reside within the high school district who ((attended)) are attending cooperative programs in other school districts as reported on ((the partial year P-223NR)) Form((s)) P-223 available at the time of the calculation of the nonhigh billing.

(4) "Actual number of AAFTE students who resided within the boundaries of the high school district" during a school year shall mean the result of the following calculation:

Subtract from the total AAFTE served by the high school district for a school year as reported on Form((s)) P-223 the nonresident AAFTE students served by the high school district for a school year as reported on Form((s P-223NR)) P-223. Also subtract the actual AAFTE nonhigh enrollment served by the high school district as reported on Form P-213. Added to the resident enrollment count of the high school district is the number of AAFTE students who reside within the high school district who attended cooperative programs in other school districts ((as)) and were reported as nonresident on Form((s P-223NR)) P-223.

(5) "Nonhigh billing" shall mean the amount due to a high school district from a nonhigh school district for educating and transporting nonhigh district students.

(6) "P-213" shall have the same meaning as this is given in WAC ((392-139-017)) 392-139-230.

(7) (("P-223NR" shall have the same meaning as this is given in WAC 392-139-017.

(8))) "Average annual full time equivalent students (AAFTE)" shall have the same meaning as this is given in WAC ((392-121-105)) 392-121-133.

(((9))) (8) "Annual determination of the excess maintenance and operation levy transfer from the high school district to the nonhigh school district for educating nonhigh school district students" shall have the same meaning as this is given in WAC ((392-139-037)) 392-139-340.

[Statutory Authority: RCW 28A.44.230 and 84.52.053(7). 84-13-024 (Order 84-14), 392-132-030, filed 6/13/84.]

AMENDATORY SECTION (Amending Order 84-14, filed 6/13/84)

WAC 392-132-040 Determining levy capacity transfer and amount due. Pursuant to WAC ((392-139-037)) 392-139-340, annually, the superintendent of public instruction shall make the necessary determinations and calculate (1) the excess maintenance and operation levy transfer from the high school district to the nonhigh school district, and (2) the amount due to the high school district by the nonhigh school district. The respective high and nonhigh school district shall be notified of the results of such determinations and calculations.

[Statutory Authority: RCW 28A.44.230 and 84.52.053(7). 84-13-024 (Order 84-14), 392-132-040, filed 6/13/84.]

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