WSR 97-18-036

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed August 27, 1997, 10:45 a.m.]

Date of Adoption: August 26, 1997.

Purpose: WAC 392-140-450 through 392-140-497 which governed the allocation of state funding for K-3 certificated instructional staff enhancement were inadvertently repealed. Readoption of the rule is essential to the determination and apportionment of state funding for the current and 1997-98 school year whose commencement is imminent.

Citation of Existing Rules Affected by this Order: Repealed chapter 392-140 WAC, K-3 Enhancement ratio component.

Statutory Authority for Adoption: RCW 28A.150.290.

Other Authority: Biennial Operating Appropriations Act.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: See Purpose above.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

August 26, 1997

Dr. Terry Bergeson

Superintendent of

Public Instruction

K-3 STAFF

ENHANCEMENT

NEW SECTION

WAC 392-140-700 K-3 Staff enhancement--Applicable provisions. The provisions of WAC 392-140-700 through 392-140-747 apply to the determination of staff/student ratios used in apportionment of state basic education moneys to school districts based on the district's kindergarten through third grade (K-3) staff and students. Compliance with these sections does not assure compliance with:

(1) RCW 28A.150.100(2), which requires each school district to maintain a ratio of at least forty-six basic education certificated instructional staff per thousand annual average full-time equivalent students; or

(2) RCW 28A.150.250, which requires that the ratio of students per classroom teacher in grades kindergarten through three be no greater than the ratio of students per classroom teacher in grades four and above.

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NEW SECTION

WAC 392-140-701 K-3 Staff enhancement--Authority. The authority for WAC 392-140-700 through 392-140-747 is:

(1) The Biennial Operating Appropriations Act established by the legislature for each school year; and

(2) RCW 28A.150.290(1).

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NEW SECTION

WAC 392-140-702 K-3 Staff enhancement--Purpose. The purpose of WAC 392-140-700 through 392-140-747 is to set forth the policies and procedures used by the superintendent of public instruction to determine the amount of moneys to be provided to school districts for certificated instructional staff above that set forth in RCW 28A.150.260 (2)(c).

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NEW SECTION

WAC 392-140-710 K-3 Staff enhancement--Definition--Academic year. As used in WAC 392-140-700 through 392-140-747 "academic year" means any nine-month period within the school year in which the minimum one hundred eighty school days required by law is conducted.

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NEW SECTION

WAC 392-140-711 K-3 Staff enhancement--Definition--S-275. "S-275" means the S-275 reporting process defined in WAC 392-121-220.

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NEW SECTION

WAC 392-140-712 K-3 Staff enhancement--Definition--SPI Form S-277."SPI Form S-277" means the form provided, for school years through 1994-95 by the superintendent of public instruction on which school districts report information about each classified employee of the school district as of October 1 of the school year including the employee's name, Social Security number, working hours, assignments, rate of pay, and benefits.

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NEW SECTION

WAC 392-140-713 K-3 Staff enhancement--Definition--SPI Form 1158. "SPI Form 1158" means the form provided by the superintendent of public instruction on which school districts report supplemental full-time equivalent (FTE) staff and/or supplemental K-3 FTE staff for the school year.

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NEW SECTION

WAC 392-140-714 K-3 Staff enhancement--Definition--SPI Report 1159. "SPI Report 1159" means the report produced by the superintendent of public instruction displaying the calculations of K-3 certificated instructional staffing and K-3 apportionment ratios and other information as necessary.

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NEW SECTION

WAC 392-140-715 K-3 Staff enhancement--Definition--SPI Form 1160. "SPI Form 1160" means the form provided by the superintendent of public instruction on which school districts may select the period of enrollment the superintendent of public instruction shall use to calculate staffing ratios.

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NEW SECTION

WAC 392-140-716 K-3 Staff enhancement--Definition--SPI Form 1230. "SPI Form 1230" means the form provided by the superintendent of public instruction on which school districts report 1989-90 FTE K-3 basic education classified instructional assistants.

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NEW SECTION

WAC 392-140-720 K-3 Staff enhancement--Definition--FTE K-3 basic education enrollment. "FTE K-3 basic education enrollment" means the school district's enrollment for October or for such other period selected by the school district on SPI Form 1160 determined as follows:

(1) Sum FTE K-3 students reported by a school district pursuant to WAC 392-121-122 (1) and (2); and

(2) For school years through 1994-95 subtract special education FTE students of ages six through eight calculated pursuant to WAC 392-122-131 based on enrollment reported by a school district pursuant to WAC 392-122-106.

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NEW SECTION

WAC 392-140-721 K-3 Staff enhancement--Definition--FTE basic education certificated instructional employee. "FTE basic education certificated instructional employee" means the FTE calculated pursuant to WAC 392-121-215 for a basic education certificated instructional employee assigned in whole or in part to the following programs as defined in the accounting manual for public school districts in the state of Washington:

(1) Basic education, program 01;

(2) Vocational, basic, state, program 31;

(3) Skills center, basic, state, program 45;

(4) Instruction support, program 94; and

(5) District-wide support, program 97.

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NEW SECTION

WAC 392-140-722 K-3 Staff enhancement--Definition--FTE K-3 basic education certificated instructional employee. "FTE K-3 basic education certificated instructional employee" means for a FTE basic education certificated instructional employee the following:

(1) If the basic education certificated instructional employees serves only K-3 students, one hundred percent of the FTE assigned to basic education; or

(2) If the basic education certificated instructional employee serves K-3 students and students of one or more other grades, multiply the FTE assigned to basic education by:

(a) The proportion of time spent serving K-3 students to all time serving students;

(b) The proportion of K-3 students served to all students served; or

(c) Any combination of (a) or (b) of this subsection as appropriate.

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NEW SECTION

WAC 392-140-723 K-3 Staff enhancement--Definition--FTE K-3 basic education certificated instructional staff. "FTE K-3 basic education certificated instructional staff" means the sum of FTE K-3 basic education certificated instructional employees for a school district.

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NEW SECTION

WAC 392-140-724 K-3 Staff enhancement--Definition--Average basic education certificated instructional staff salary for the purpose of apportionment. "Average basic education certificated instructional staff salary for purpose of apportionment" means the average salary allocation amount for basic education certificated instructional staff determined by the superintendent of public instruction for general apportionment of state basic education moneys to a school district pursuant to WAC 392-121-299.

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NEW SECTION

WAC 392-140-725 K-3 Staff enhancement--Definition--Basic education classified instructional assistant. "Basic education classified instructional assistant" means a person who is assigned in whole or in part to:

(1) Program 01-basic education,

31-vocational, basic, state, or

45-skills center, basic, state; and

(2) Activity 27-teaching; and

(3) Duty 910-aide.

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NEW SECTION

WAC 392-140-726 K-3 Staff enhancement--Definition--Basic education classified instructional assistant FTE. "Basic education classified instructional assistant FTE" means the number determined for a basic education classified instructional assistant as follows:

(1) Determine the hours per year that the employee is assigned as a basic education classified instructional assistant; and

(2) Divide by 2080.

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NEW SECTION

WAC 392-140-727 K-3 Staff enhancement--Definition--FTE K-3 basic education classified instructional assistants. "FTE K-3 basic education classified instructional assistants" means the number determined for a school district as follows:

(1) For each basic education classified instructional assistant serving K-3 students determine an FTE as follows:

(a) If the basic education classified instructional assistant serves only K-3 students, one hundred percent of the FTE determined pursuant to WAC 392-140-726.

(b) If the basic education classified instructional assistant serves K-3 students and students of one or more other grades, multiply the FTE determined pursuant to WAC 392-140-726 by:

(i) The proportion of time spent serving K-3 students to all time serving students;

(ii) The proportion of K-3 students served to all students served; or

(iii) Any combination of (b)(i) or (ii) of this subsection as appropriate.

(2) Sum the FTEs determined pursuant to subsection (1) of this section for all basic education classified instructional assistants of the school district.

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NEW SECTION

WAC 392-140-728 K-3 Staff enhancement--Definition--Instructional FTE. As used in WAC 392-140-700 through 392-140-747, "instructional FTE" means:

(1) For basic education certificated instructional employee, the FTE determined pursuant to WAC 392-140-721.

(2) For a basic education classified instructional assistant, the FTE determined pursuant to WAC 392-140-726.

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NEW SECTION

WAC 392-140-730 K-3 Staff enhancement--Definition--K-3 addition FTE. "K-3 addition FTE" means the increase in FTE calculated pursuant to WAC 392-140-733 for a K-3 basic education certificated instructional employee or a K-3 basic education classified instructional assistant who is not reported on the S-275 or for school years through 1994-95 on SPI Form S-277 (for a classified employee), or whose instructional FTE increases after October 1 of the school year.

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NEW SECTION

WAC 392-140-731 K-3 Staff enhancement--Definition--K-3 reduction FTE. "K-3 reduction FTE" means the decrease in K-3 FTE calculated pursuant to WAC 392-140-733 for a basic education certificated instructional employee or a basic education classified instructional assistant who is no longer employed or whose instructional FTE decreases after October 1 of the school year.

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NEW SECTION

WAC 392-140-732 K-3 Staff enhancement--Definition--K-3 reassignment FTE. "K-3 reassignment FTE" means the change in K-3 FTE calculated pursuant to WAC 392-140-733 for a basic education certificated instructional employee or a basic education classified instructional assistant after October 1 whose K-3 FTE changes as a result of reassignment but whose total instructional FTE does not change.

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NEW SECTION

WAC 392-140-733 K-3 Staff enhancement--Calculation of addition, reduction, and reassignment FTE. Addition, reduction, and reassignment FTE shall be calculated as follows:

(1) Determine the K-3 basic education FTE that would have been reported for the employee:

(a) In school years through 1994-95 on the S-275 (for a certificated instructional employee) or SPI Form S-277 (for a classified instructional assistant) if the employee had served the full academic year at the level of service after the change in service;

(b) In the 1995-96 school year and thereafter, on the S-275 if the employee had served the full academic year at the level of service after the change in service;

(2) Subtract the K-3 basic education FTE as of October 1 as reported for the employee on SPI Form S-275 (for a certificated instructional employee) or on SPI Form S-277 (for a classified instructional assistant) from the result obtained in subsection (1) of this section;

(3) Multiply the result obtained in subsection (2) of this section by the number of months remaining in the academic year that the employee serves at the level of service after the change in service, including the month of the change; and

(4) Divide the result obtained in subsection (3) of this section by nine.

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NEW SECTION

WAC 392-140-735 K-3 Staff enhancement--Definition--Supplemental FTE K-3 basic education certificated instructional staff. "Supplemental FTE K-3 basic education certificated instructional staff" means the sum of school district's K-3 addition, reduction, and reassignment FTEs for K-3 basic education certificated instructional staff.

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NEW SECTION

WAC 392-140-736 K-3 Staff enhancement--Definition--Supplemental FTE K-3 basic education classified instructional assistants. "Supplemental FTE K-3 basic education classified instructional assistants" means the sum of a school district's K-3 addition, reduction, and reassignment FTEs for K-3 basic education classified instructional assistants.

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NEW SECTION

WAC 392-140-740 K-3 Staff enhancement--Definition--K-3 certificated instructional staffing ratio. "K-3 certificated instructional staffing ratio" means the ratio calculated for a school district for a school year as follows:

(1) Add FTE K-3 basic education certificated instructional staff as reported on the S-275 and any supplemental FTE K-3 basic education certificated instructional staff as reported on SPI Form 1158;

(2) Divide the result of subsection (1) of this section by FTE K-3 basic education enrollment; and

(3) Multiply the result obtained in subsection (2) of this section by 1000.

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NEW SECTION

WAC 392-140-741 K-3 Staff enhancement--Definition--Actual average salary for basic education classified instructional assistants. "Actual average salary for basic education classified instructional assistants" means the dollar amount determined for a school district for a school year as follows:

(1) For each basic education classified instructional assistant reported:

(a) On SPI Form S-277 for school years through 1994-95 multiply the hours per day times the days per year times the hourly rate as reported on Form S-277;

(b) On the S-275 for a school year during the period 1995-96 and thereafter, determine the assignment salary as reported on the S-275;

(2) Sum the dollar amounts determined pursuant to subsection (1) of this section; and

(3) Divide the result of subsection (2) of this section by the sum of the school district's FTE basic education classified instructional assistants for the school year as reported on Form S-277 or the S-275.

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NEW SECTION

WAC 392-140-742 K-3 Staff enhancement--Definition--Increase in K-3 basic education classified instructional assistants from 1989-90. "Increase in K-3 basic education classified instructional assistants from 1989-90" means the greater of zero and the number calculated for a school district as follows:

(1) Sum FTE K-3 basic education classified instructional assistants reported for school years through 1994-95 on SPI Form S-277 or for the 1995-96 school year and thereafter on the S-275, and any supplemental FTE K-3 basic education classified instructional assistants as reported on SPI Form 1158; and subtract

(2) 1989-90 K-3 basic education classified instructional assistants as reported on SPI Form 1230.

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NEW SECTION

WAC 392-140-743 K-3 Staff enhancement--Definition--Recognized certificated staff ratio equivalent of increased K-3 classified instructional assistants. "Recognized certificated staff ratio equivalent of increased K-3 classified instructional assistants" means the number calculated for a school district with a K-3 certificated instructional staffing ratio of 51.00 or greater and an increase in K-3 basic education classified instructional assistants from 1989-90 as follows:

(1) Divide the increase in K-3 basic education classified instructional assistants from 1989-90 by FTE K-3 basic education enrollment;

(2) Multiply the result of subsection (1) of this section by 1000;

(3) Multiply the result of subsection (2) of this section by the ratio of actual average salary for basic education classified instructional assistants to average basic education certificated instructional staff salary for the purpose of apportionment;

(4) The lesser of 1.30 and the result of subsection (3) of this section is the school district's recognized certificated staff ratio equivalent of increased K-3 classified instructional assistants.

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NEW SECTION

WAC 392-140-744 K-3 Staff enhancement--School district reporting--Required reports. Each school district shall report to the superintendent of public instruction on the S-275 and for school years through 1994-95 on SPI Form S-277 the school district's FTE K-3 basic education certificated instructional staff and FTE K-3 basic education classified instructional assistants as of October 1 of the school year. School districts shall report pursuant to instructions provided by the superintendent of public instruction.

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NEW SECTION

WAC 392-140-745 K-3 Staff enhancement--School district reporting--Optional reports. At any time prior to September 30 of the following school year school districts may report to the superintendent of public instruction:

(1) Supplemental FTE K-3 staff for the school year on SPI Form 1158;

(2) One of the following optional periods of enrollment on SPI Form 1160:

(a) Enrollment for any month of the school year; or

(b) Annual average enrollment for the school year; and

(3) 1989-90 FTE K-3 classified instructional assistants on SPI Form 1230.

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NEW SECTION

WAC 392-140-746 K-3 Staff enhancement--Calculation of K-3 apportionment ratios. The superintendent of public instruction shall calculate each school district's ratio of state allocated certificated instructional staff units per one thousand K-3 students for state basic education apportionment as follows:

(1) If the school district's K-3 certificated instructional staffing ratio is 49.00 or less, the district's K-3 apportionment ratio shall be 49.00.

(2) If the school district's K-3 certificated instructional staffing ratio is greater than 49.00, and less than 51.00, the district's K-3 apportionment ratio shall be the same as the district's K-3 certificated instructional staffing ratio.

(3) If the school district's K-3 certificated instructional staffing ratio is 51.00 or greater, the district's K-3 apportionment ratio shall be the lesser of:

(a) 54.30; and

(b) The sum of the district's K-3 certificated instructional staffing ratio and, if applicable, the district's recognized certificated staff ratio equivalent of increased K-3 classified instructional assistants.

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NEW SECTION

WAC 392-140-747 K-3 Staff enhancement--Reporting by the superintendent of public instruction. The superintendent of public instruction shall report to school districts as follows:

(1) Prior to January 31 of each school year the superintendent of public instruction shall provide each school district an initial SPI Report 1159. The report shall include any supplemental data received from the school district prior to January 1 of the school year.

(2) Within thirty days of receiving any of the following data from a school district the superintendent of public instruction shall provide the school district with an interim SPI Report 1159:

(a) Supplemental FTE K-3 staff on SPI Form 1158;

(b) Selection of optional enrollment on SPI Form 1160;

(c) Corrections to FTE K-3 basic education certificated instructional staff on the S-275; or

(d) Corrections to FTE K-3 basic education classified instructional assistants on SPI Form S-277 or on the S-275.

(3) Prior to January 1 of the following school year, the superintendent of public instruction shall provide each school district a final SPI Report 1159. The report shall include supplemental data for the school year received from the school district prior to September 30 of the following school year.

(4) Reports shall show the school district's K-3 certificated instructional staffing ratio, recognized certificated staff ratio equivalent of increased K-3 classified instructional assistants, and K-3 apportionment ratio for the school year.

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