Supplemental Notice to WSR 01-24-023.

     Preproposal statement of inquiry was filed as WSR 01-16-110.

     Title of Rule: WAC 392-140-950 through 392-140-967, Finance -- Special allocations -- Learning improvement days.

     Purpose: To revise the state funding formula for learning improvement days for district certificated instructional staff for the 2001-02 school year and thereafter.

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

     Summary: The provisions in these rules govern state funding for up to three learning improvement days for certificated instructional staff in the 2001-02 school year, and up to two days in the 2002-03 school year and thereafter. Beginning with the 2001-02 school year, a uniform base of one hundred eighty days is used to determine eligibility for learning improvement day funding. Also, for the 2002-03 school year, the maximum funded learning improvement days is reduced from three to two days.

     Reasons Supporting Proposal: Rule revisions are needed to implement language in the 2001-03 State Operating Appropriations Act and the 2002 Supplemental Operating Appropriations Act. These revisions will provide for the correct calculation of the school district's funded learning improvement days in the 2001-02 school year and thereafter.

     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. Rule revisions are needed to implement language in the 2001-03 State Operating Appropriations Act and the 2002 Supplemental Operating Appropriations Act. These revisions will provide for the correct calculation of the school district's funded learning improvement days in the 2001-02 school year and thereafter.

     Proposal Changes the Following Existing Rules: The 2001 legislature modified the measurement of eligibility for funding. Prior to the 2001-02 school year, districts had to add three days to the number of days in the 1998-99 base contract. Beginning with the 2001-02 school year, a uniform base of one hundred eighty days is used to determine eligibility for learning improvement day funding. This change is codified in section 503(7), chapter 7, Laws of 2001 (the 2001-03 State Operating Appropriations Act). This change affects about one hundred school districts that had more than one hundred eighty days in the base contract in the 1998-99 school year, which was the previous base.

     The 2002 legislature reduced the maximum state funded learning improvement days from three to two days. This change is in section 503(7) of ESSB 6387 (the 2002 Supplemental Operating Appropriations Act).

     The proposed rules also modify school district annual reporting requirements. After the close of the school year, school districts must report the number of leaning improvement days meeting the requirements provided in these rules. A district's funding for learning improvement days will be the lesser of the days calculated under these rules or the number of days reported at the end of the year.

     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: Old Capitol Building, Bruno Conference Room, 2nd Floor, P.O. Box 47200, Olympia, WA 98504-7200, on August 28, 2002, at 9-11 a.m.

     Assistance for Persons with Disabilities: Contact Sheila Emery by August 21, 2002, TDD (360) 664-3631, or (360) 725-6271.

     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 August 21, 2002.

     Date of Intended Adoption: August 29, 2002.

July 19, 2002

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-5323.3

AMENDATORY SECTION(Amending Order 98-07, filed 9/28/99, effective 9/29/99)

WAC 392-140-950   Learning improvement days--Applicable provisions.   The provisions of WAC 392-140-950 through 392-140-967 govern state funding for up to three learning improvement days for certificated instructional staff in the ((1999-2000)) 2001-02 school year and up to two days in the 2002-03 school year and thereafter.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-950, filed 9/28/99, effective 9/29/99.]

     (1) A learning improvement day is a scheduled work day on a district or school calendar.

     (2) The length of a learning improvement day shall not be less ((that)) than the length of a full work day for certificated instructional staff on a school day during the school year: Provided, That two half days may be scheduled in lieu of one full learning improvement day if the combined work hours equal or exceed hours in a full learning improvement day.

     (3) No learning improvement day, or half day, shall be scheduled on a school day as defined in WAC 392-121-033.

     (4) A school district may schedule learning improvement days for different school buildings or groups of employees on different calendar days.

     (5) Learning improvement days shall be compensated as part of the employee's base contract.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-955, filed 9/28/99, effective 9/29/99.]

     (1) In September through December of each school year, the superintendent will use the number of learning improvement days budgeted by the district and reported on Form F-203.

     (2) Monthly, beginning in January of the school year, using current personnel data reported on the S-275 Personnel Report:

     (a) Select all certificated instructional staff with assignments in the programs.

     (b) ((Exclude staff with administrative assignments if the assignment percent is greater than zero.

     (c))) For each employee, subtract one hundred eighty days from the number of days reported in the base contract((, subtract the district's number of days in the base contract for the 1998-99 school year)).

     (((d))) (c)(i) For the 2001-02 school year, take the lesser of three days or the result of (((c))) (b) of this subsection but not less than zero.

     (ii) For the 2002-03 school year and thereafter, take the lesser of two days or the result of (b) of this subsection but not less than zero.

     (((e))) (d) Sum the number of days determined for all employees pursuant to (((c))) (b) and (((d))) (c) of this subsection.

     (((f))) (e) Divide the result of (((e))) (d) of this subsection by the number of employees and round to two decimal places.

     (((g))) (f) The result is the number of funded learning improvement days for the district.

     (3) After the close of the school year, the superintendent shall fund the lesser of:

     (a) The number of days determined pursuant to subsection (2) of this section; or

     (b) The number of days reported by the district pursuant to WAC 392-140-967.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-961, filed 9/28/99, effective 9/29/99.]

     (1) For general apportionment, the derived base salary allocation for learning improvement days as shown on LEAP Document 12E shall be reduced pro rata for any district with less than three learning improvement days in the 2001-02 school year, or less than two learning improvement days in the 2002-03 school year and thereafter in selected state-funded programs.

     (2) Special education allocations shall be adjusted based on adjustments to the unenhanced basic education allocation per full-time equivalent student.

     (3) For transitional bilingual, highly capable, and learning assistance program allocations, the additional state allocation per pupil for three learning improvement days in the 2001-02 school year and for two learning improvement days in the 2002-03 school year and thereafter as calculated by the superintendent shall be reduced pro rata for any district with ((less than three)) fewer learning improvement days in selected state-funded programs.

     (4) For state institutional education programs the salary allocation for three learning improvement days in the 2001-02 school year and for two learning improvement days in the 2002-03 school year and thereafter as calculated by the superintendent shall be reduced pro rata for any district with ((less than three)) fewer learning improvement days in state institutional education programs. Educational service districts or contractors operating state-funded institutional education programs shall be eligible for learning improvement day funding in the same manner as school districts.

     (5) ((The superintendent shall reduce or eliminate a district's)) Allocations for learning improvement((s)) days ((if the district fails to report as required by WAC 392-140-967, or if the district's report indicates that the activities provided during learning improvement days do not meet the requirements of WAC 392-140-957)) are subject to adjustment or recovery based on findings of the Washington state auditor and chapters 392-115 and 392-117 WAC.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-962, filed 9/28/99, effective 9/29/99.]

     (((1) Requests for adjustment to the number of days in the base contract in the 1998-99 school year shall be considered if the district shows that:

     (a) The April 1999 S-275 data or calculations were in error;

     (b) The district reported days in the base contract for services beyond the regular school calendar for a full-time certificated instructional employee of the district;

     (c) The district had a signed multiyear collective bargaining agreement in April 1999 to reduce the number of days in the base contract in subsequent years; or

     (d) Other bona fide adjustments are necessary.

     (2))) Requests for adjustment to the number of learning improvement days provided in the 1999-2000 school year and thereafter shall be considered if the district shows that the data or calculations are in error, or other bona fide adjustments are necessary.

     (((3) Requests for adjustment shall be accompanied by the relevant pages of a signed collective bargaining agreement stating the number of days in the base contract in the school district.))

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-965, filed 9/28/99, effective 9/29/99.]

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-967, filed 9/28/99, effective 9/29/99.]

     The following section of the Washington Administrative Code is repealed:

WAC 392-140-960

Learning improvement days--Determination of the number of days in the base contract in the 1998-99 school year.

© Washington State Code Reviser's Office