WSR 02-10-007

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 19, 2002, 4:34 p.m. ]

Supplemental Notice to WSR 01-21-035.

Preproposal statement of inquiry was filed as WSR 01-17-034.

Title of Rule: WAC 392-140-970 through 392-140-974, Finance -- Special allocations -- Salary bonus for teachers who attain certification by national board.

Purpose: To put in rule the standards and procedures for award of a state salary bonus to teachers who attain certification by the National Board for Professional Teaching Standards. The supplemental notice increases eligibility from three to four years as provided in the state 2002 supplemental budget.

Statutory Authority for Adoption: RCW 28A.150.290(1).

Statute Being Implemented: Chapter 7, Laws of 2001 3rd sp.s. and ESSB 6387.

Summary: Rules are needed to implement language in the 2001-03 State Operating Appropriations Act as amended in the 2002 legislative session.

Reasons Supporting Proposal: These rules will enable proper administration of the salary bonus.

Name of Agency Personnel Responsible for Drafting: Linda Harrison, Office of Superintendent of Public Instruction, (360) 725-6130; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Mike Bigelow, Office of Superintendent of Public Instruction, (360) 725-6111.

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules are part of the state funding formula for K-12 education. Rules are needed to implement language in the 2001-03 State Operating Appropriations Act. These rules will enable proper administration of the salary bonus and clarify which teachers are eligible for the bonus.

The rules clarify who is considered a "teacher" eligible to receive the salary bonus. The individual must be employed part-time or full-time by a Washington public school district or educational service district in a teaching assignment.

The 2002 amendments to the appropriations act increase from three to four the number of years teachers may receive the bonus. This will allow all individuals receiving the salary bonus in the 2001-02 school year to receive the salary bonus for at least one more year.

Proposal does not change existing rules. These are new rules. Rules provide clarification, but do not change state policies established by the legislature.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact.

RCW 34.05.328 does not apply to this rule adoption. The Superintendent of Public Instruction is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

Hearing Location: Bruno Conference Room, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on June 4, 2002, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Sheila Emery by May 31, 2002, TDD (360) 664-3631.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by May 31, 2002.

Date of Intended Adoption: July 3, 2002.

April 17, 2002

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-5202.2

SALARY BONUS FOR TEACHERS WHO ATTAIN CERTIFICATION BY THE NATIONAL BOARD
NEW SECTION
WAC 392-140-970   Salary bonus for teachers who attain certification by the national board -- Applicable provisions -- Authority.   The provisions of WAC 392-140-970 through 392-140-974 govern administration of the salary bonus for teachers who attain certification by the national board for professional teaching standards. The authority for WAC 392-140-970 through 392-140-974 is the state Biennial Operating Appropriations Act and RCW 28A.150.290(1).

[]


NEW SECTION
WAC 392-140-971   Salary bonus for teachers who attain certification by the national board -- Purpose.   These rules determine eligibility for state funding and establish guidelines for the administration of the bonus.

[]


NEW SECTION
WAC 392-140-972   Salary bonus for teachers who attain certification by the national board -- Definitions.   As used in this chapter:

(1) "Form SPI 1525" means the form provided by the superintendent of public instruction on which districts may request payment of the salary bonus for teachers who attain certification by the national board for professional teaching standards.

(2) "Teacher" means an employee assigned to one of the following duties as defined in the S-275 Personnel Reporting Handbook:

(a) Elementary teacher, duty root 31;

(b) Secondary teacher, duty root 32;

(c) Other teacher, duty root 33;

(d) Long-term substitute teacher, duty root 52;

(e) Contractor teacher, duty root 63; or

(f) If the district certifies that the employee is assigned teaching responsibilities or serves as a mentor teacher:

(i) Other support personnel, duty root 40;

(ii) Library media specialist, duty root 41;

(iii) Counselor, duty root 42; or

(iv) Reading resource specialist, duty root 49.

[]


NEW SECTION
WAC 392-140-973   Salary bonus for teachers who attain certification by the national board -- Eligibility.   Candidates who are eligible for the bonus shall be limited to those meeting the following requirements:

(1) Hold current certification by the national board for professional teaching standards; and

(2) Who are:

(a) Teachers employed full time or part time by Washington public school districts or educational service districts pursuant to RCW 28A.405.210; or

(b) Teachers employed full time or part time by a contractor pursuant to WAC 392-121-188 and 392-121-206 (2)(a).

[]


NEW SECTION
WAC 392-140-974   Salary bonus for teachers who attain certification by the national board -- Administrative procedures.   (1) School districts that employ teachers eligible for the salary bonus shall report those employees to the office of superintendent of public instruction by submitting Form SPI 1525 for each individual.

(2) Districts shall document each teacher's eligibility by maintaining on file for audit a copy of the teacher's national board certification notice and, if the teacher is not shown on Report S-275, evidence of employment and duties assigned.

(3) Report forms received by the superintendent of public instruction by the 15th of the month shall be paid in that month's apportionment and displayed on Report 1197, in revenue account 4158.

(4) For each candidate, the superintendent of public instruction shall send the district the amount of the salary bonus set in the operating appropriations act plus an amount for the district's (employer) portion of social security benefits.

(5) The district shall pay the bonus to the employee in a lump sum amount on a supplemental contract pursuant to RCW 28A.400.200.

(6) The salary bonus is excluded from the definition of "earnable compensation" under RCW 41.32.010(10).

(7) Teachers achieving certification by the national board for professional teaching standards shall receive the salary bonus for no more than four years.

[]

Washington State Code Reviser's Office