WSR 02-09-024

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 8, 2002, 4:37 p.m. ]

Date of Adoption: April 5, 2002.

Purpose: These rules implement the 2001 State Operating Appropriations Act proviso adding 2.2 certificated instructional staff per 1,000 students to the state-funded kindergarten through fourth grade staff ratio. These staff were formerly funded in the better schools program.

Citation of Existing Rules Affected by this Order: Repealing WAC 392-140-911; and amending WAC 392-140-903, 392-140-905, 392-140-907, 392-140-908, 392-140-910, and 392-140-912.

Statutory Authority for Adoption: RCW 28A.150.290(2).

Other Authority: Section 502 (2)(a)(v), chapter 7, Laws of 2001 2nd sp.s. (the state operating budget).

Adopted under notice filed as WSR 01-24-020 on November 27, 2001.

Changes Other than Editing from Proposed to Adopted Version: Minor editing changes only.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 6, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 6, Repealed 1.
Effective Date of Rule: Thirty-one days after filing.

April 5, 2002

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-5311.2


AMENDATORY SECTION(Amending WSR 01-08-048, filed 3/30/01, effective 4/30/01)

WAC 392-140-903   K-4 Staff enhancement -- Definitions.   As used in WAC 392-140-900 through 392-140-913:

(1) "Report S-275" means the school district personnel report as defined in WAC 392-121-225.

(2) "Form SPI 1158" means the form provided by the superintendent of public instruction on which school districts report ((supplemental)) a net change in K-12 full-time equivalent (FTE) staff and/or ((supplemental)) K-4 FTE staff ((for the school year)) after October 1 and K-6 supplemental contracts for extended learning opportunities not reportable on Report S-275.

(3) "Report 1159" means the report produced by the superintendent of public instruction displaying the calculations of K-4 certificated instructional staffing and K-4 apportionment ratios and other information as necessary.

(4) "Form SPI 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.

(5) "Form SPI 1230" means the form provided by the superintendent of public instruction on which school districts ((have)) had the option of reporting 1989-90 FTE K-3 basic education classified instructional assistants ((pursuant to WAC 392-140-716 and 392-140-745)) before September 1, 1999.

(6) "Form SPI 1230K-4" means the form provided by the superintendent of public instruction on which school districts have the option of reporting 1989-90 FTE K-4 basic education classified instructional assistants after September 1, 1999.

(7) "FTE K-4 basic education enrollment" means the school district's K-4 full-time equivalent enrollment reported for basic education funding pursuant to WAC 392-121-122 for the month of October or such other period selected by the district on optional Form SPI 1160.

(8) "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:

(a) Basic education, program 01;

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

(c) Skills center, basic, state, program 45; and

(d) District-wide support, program 97.

(9) "FTE K-4 basic education certificated instructional employee" means for a FTE basic education certificated instructional employee the following:

(a) If the basic education certificated instructional employee serves only K-4 students, one hundred percent of the FTE assigned to basic education; or

(b) If the basic education certificated instructional employee serves K-4 students and students of one or more other grades, multiply the FTE assigned to basic education by:

(i) The proportion of time spent serving K-4 students to all time serving students;

(ii) The proportion of K-4 students served to all students served; or

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

(10) "FTE K-4 basic education certificated instructional staff" means the sum of FTE K-4 basic education certificated instructional employees for a school district.

(11) "Extended learning opportunities" means additional classroom contact time provided to students by teachers beyond the normal school day for more than half-day or half-year kindergarten, before-and-after school programs, weekend school programs, summer school programs, and inter-session opportunities to assist students in meeting the essential academic learning requirements and student assessment performance standards.

(12) "K-6 basic education supplemental contracts for extended learning opportunities" means time-related supplemental contracts for extended learning opportunities provided by teachers for students enrolled in grades kindergarten through six (K-6). For the purposes of this subsection, these supplemental contract hours shall include only the following staff assignments as defined in the S-275 Personnel Reporting Handbook:

(a) Program 01, basic education; and

(b) Activity 27, teaching; and

(c) Duty roots:

(i) 31, elementary teacher; or

(ii) 33, other teacher; or

(iii) 63, contractor teacher; and

(d) Duty suffix 4, extended learning opportunities; and

(e) Grade groups:

(i) K, kindergarten; or

(ii) E, elementary (grades 1, 2, 3, or 4); or

(iii) M, middle (grades 5 or 6).

(13) "Basic education classified instructional assistant" means a person who is assigned in whole or in part to:

(a) Program 01 - basic education; 31 - vocational, basic, state; or 45 - skills center, basic, state; and

(b) Activity 27 - teaching; and

(c) Duty 910 - aide.

(((12))) (14) "Basic education classified instructional assistant FTE" means the number determined for a basic education classified instructional assistant as follows:

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

(b) Divide by 2080.

(((13))) (15) "District FTE K-4 basic education classified instructional assistants" means the sum of a school district's FTE K-4 basic education classified instructional assistants.

(a) If the basic education classified instructional assistant serves only K-4 students, one hundred percent of the FTE determined pursuant to ((WAC 392-140-903(12))) subsection (14) of this section.

(b) If the basic education classified instructional assistant serves K-4 students and students of one or more other grades, multiply the FTE determined pursuant to ((WAC 392-140-903(12))) subsection (14) of this section by:

(i) The proportion of time spent serving K-4 students to all time serving students;

(ii) The proportion of K-4 students served to all students served; or

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

(((14))) (16) "Actual average salary for basic education classified instructional assistants" means the dollar amount determined for a school district for a school year as follows:

(a) For each basic education certificated instructional assistant reported on Report S-275 determine the assignment salary reported;

(b) Sum the dollar amounts determined pursuant to (a) of this subsection; and

(c) Divide the result of (b) of this subsection by the sum of the school district's FTE basic education classified instructional assistants as reported on Report S-275.

[Statutory Authority: RCW 28A.150,290 [28A.150.290], 28A.505.140. 01-08-048, 392-140-903, filed 3/30/01, effective 4/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-903, filed 1/3/00, effective 2/3/00.]


NEW SECTION
WAC 392-140-904   K-4 Staff enhancement -- School district reporting.   School districts shall report staff information to the superintendent of public instruction as follows:

(1) Required Report S-275. School districts shall report K-4 basic education certificated instructional staff employed as of October 1 of the school year on Report S-275 pursuant to instructions provided by the superintendent of public instruction. K-6 basic education supplemental contracts for extended learning opportunities provided by staff employed by the district as of October 1 shall be reported on Report S-275 and shall be updated throughout the school year as needed to reflect actual hours employed.

(2) Optional Form SPI 1158. School districts may use this form to report the following:

(a) Net changes in K-4 basic education certificated instructional staff or in K-4 basic education classified instructional assistants after October 1 determined as follows:

(i) Determine the base contract K-4 basic education FTE that would be reported for each employee for the school year on Report S-275 if the current date were substituted for the October 1 snapshot date as required in S-275 instructions and subtract the base contract K-4 basic education FTE as of October 1 actually reported for the employee on the school district's most current Report S-275.

(ii) Include decreases as well as increases in FTE staff after October 1 and not reflected in Report S-275. Decreases include terminations, retirements, unpaid leave, and reassignment of staff.

(b) K-6 basic education supplemental contracts for extended learning opportunities for staff that were not employed by the district as of October 1 of the school year and not reported on Report S-275.

(3) Optional Form SPI 1160. School districts may use this form to select an enrollment period other than October:

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

(b) Annual average enrollment for the school year.

(4) Optional Form SPI 1230 K-4. School districts may use this form to report 1989-90 FTE K-4 classified instructional assistants. This is a one-time form. Once filed, the information from this form is used for all subsequent years unless revised by the district.

(5) Optional report forms for a school year must be filed with the superintendent of public instruction by September 30 following the close of the school year.

[]


AMENDATORY SECTION(Amending WSR 00-02-063, filed 1/3/00, effective 2/3/00)

WAC 392-140-905   K-4 Staff enhancement -- Determination of the K-4 staff ratio equivalent of K-6 basic education supplemental ((FTE staff)) contracts for extended learning opportunities.   (("Supplemental FTE staff" means the school district's net change in FTE K-4 basic education certificated instructional staff or FTE K-4 basic education classified instructional assistants after October 1 of the school year determined as follows:

(1) Determine the K-4 basic education FTE that would be reported for each employee for the school year on Report S-275 if the current date were substituted for the October 1 snapshot date as required in S-275 instructions and subtract the K-4 basic education FTE as of October 1 actually reported for the employee on the school district's most current Report S-275.

(2) Include decreases as well as increases in staff after October 1 and not reflected in Report S-275. Decreases include terminations, retirements, unpaid leave, and reassignment of staff.)) The K-4 staff ratio equivalent of K-6 basic education supplemental contracts for extended learning opportunities shall be determined as follows:

(1) Sum hours of K-6 basic education supplemental contracts for extended learning opportunities reported on Report S-275 and optional Form SPI 1158 if provided;

(2) Divide the result of subsection (1) of this section by 900;

(3) Divide the result of subsection (2) of this section by the district's FTE K-4 basic education enrollment; and

(4) Multiply the result of subsection (3) of this section by 1000.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-905, filed 1/3/00, effective 2/3/00.]


AMENDATORY SECTION(Amending WSR 00-02-063, filed 1/3/00, effective 2/3/00)

WAC 392-140-907   K-4 Staff enhancement -- Determination of increase in K-4 basic education classified instructional assistants.   The superintendent of public instruction shall calculate a district's increase in K-4 basic education classified instructional assistants for a school year by determining the district's FTE K-4 basic education classified instructional assistants for the school year reported on the district's Report S-275 ((for the school year)) and optional Form SPI 1158, and subtracting the district's FTE K-4 basic education classified instructional assistants in the 1989-90 school year determined pursuant to WAC 392-140-906.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-907, filed 1/3/00, effective 2/3/00.]


AMENDATORY SECTION(Amending WSR 00-02-063, filed 1/3/00, effective 2/3/00)

WAC 392-140-908   K-4 Staff enhancement -- Determination of the K-4 certificated staff ratio equivalent of increased K-4 classified instructional assistants.   For those school districts with an increase in K-4 basic education classified instructional assistants ((and a K-4 certificated instructional staffing ratio of 51.00 or greater)), the superintendent of public instruction shall ((recognize)) calculate a K-4 certificated staff ratio equivalent ((of up to 1.30 calculated)) as follows:

(1) Sum the increase in the district's K-4 basic education classified instructional assistants ((and any supplemental FTE K-4 classified instructional assistants)) determined pursuant to WAC ((392-140-905 and reported by the district on Form SPI 1158)) 392-140-907;

(2) Divide the result of subsection (1) of this section by the district's FTE K-4 basic education enrollment;

(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; and

(4) Multiply the result of subsection (3) of this section by 1000.

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

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-908, filed 1/3/00, effective 2/3/00.]


AMENDATORY SECTION(Amending WSR 00-02-063, filed 1/3/00, effective 2/3/00)

WAC 392-140-910   K-4 Staff enhancement -- Determination of district K-4 certificated instructional staffing ratio.   The superintendent of public instruction shall calculate each school district's K-4 certificated instructional staffing ratio as follows:

(1) Add FTE K-4 basic education certificated instructional ((staff)) employees from Report S-275 and any ((supplemental)) net change in FTE K-4 basic education certificated instructional staff ((determined pursuant to WAC 392-140-905 and)) reported on Form SPI ((Form)) 1158 pursuant to WAC 392-140-903;

(2) Divide the result of subsection (1) of this section by FTE K-4 basic education enrollment; and

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

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-910, filed 1/3/00, effective 2/3/00.]


AMENDATORY SECTION(Amending WSR 00-02-063, filed 1/3/00, effective 2/3/00)

WAC 392-140-912   K-4 Staff enhancement -- Determination of K-4 apportionment ratios.   The superintendent of public instruction shall determine each school district's ratio of state allocated certificated instructional staff units per one thousand K-4 students for state basic education apportionment as follows:

(1) For the months of September through December, the superintendent shall use the district's estimated K-4 ratio as submitted on Report F-203 Estimates of State Revenue, or as submitted on a letter to the superintendent after submission of Report F-203.

(2) Beginning with the January apportionment payment and each month thereafter, the superintendent shall calculate the district's K-4 apportionment ratio as the greater of (a) or (b) of this subsection:

(a) The district's minimum state-funded K-4 staffing ratio, using FTE enrollment for state apportionment, and calculated as follows:

(i) Sum the district's K-3 FTE enrollment times 0.049 and the district's fourth grade FTE enrollment times 0.046;

(ii) Divide the result of (a)(i) of this subsection by the district total K-4 FTE enrollment;

(iii) Multiply the result of (a)(ii) of this subsection by 1000.

(b) The lesser of:

(i) ((53.2)) 55.4; or

(ii) The sum of the following:

(A) The district's K-4 certificated instructional staff ratio pursuant to WAC 392-140-910; and ((the district's K-4 certificated staff ratio equivalent of increased K-4 classified instructional assistants pursuant to WAC 392-140-908 if applicable))

(B) The lesser of 2.2 or the district's K-4 staff ratio equivalent of K-6 basic education supplemental contracts for extended learning opportunities pursuant to WAC 392-140-904; and

(C) If the district's K-4 basic education certificated instructional staff ratio is 51.00 or greater, the district's K-4 certificated staff ratio equivalent of the increased K-4 classified instructional assistants pursuant to WAC 392-140-908 if applicable, otherwise zero.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-912, filed 1/3/00, effective 2/3/00.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 392-140-911 K-4 Staff enhancement--School district reporting--Optional reports.

Washington State Code Reviser's Office