WSR 02-22-066

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed November 1, 2002, 4:13 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-15-151.

Title of Rule: WAC 392-140-900 through 392-140-913, Finance -- Special allocations -- K-4 staff enhancement.

Purpose: To revise the state funding formula for the K-4 staff ratio for the 2002-03 school year and thereafter.

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

Summary: For the 2002-03 school year, school districts will be allocated up to 54.0 certificated instructional staff (CIS) units per 1000 full-time equivalent (FTE) K-4 students. Formerly, the state allocated up to 55.4 CIS per 1000 FTE K-4 students. School districts must demonstrate an actual K-4 staff/student ratio of 54.0/1000 or greater in order to receive full funding.

Reasons Supporting Proposal: Rule revisions are needed to implement changes to state-funded staff/student ratios made in the 2002 legislative session. This change is in section 502 (2)(a) of ESSB 6387 (the 2002 Supplemental Operating Appropriations Act).

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 2002 Supplemental Operating Appropriations Act. These revisions will provide for the correct calculation of the school district's funded K-4 staff/student ratio in the 2002-03 school year and thereafter.

Proposal Changes the Following Existing Rules: The maximum state-funded K-4 staff ratio decreases from 55.4 CIS per 1000 FTE students to 54.0 CIS per 1000 FTE students.

Supplemental contracts for extended learning opportunities in grades K-6 may contribute up to 0.8/1000 to a district's state-funded K-4 ratio. This is a decrease from the previous 2.2/1000 contribution.

An upper limit on the inclusion of classified staff has been restored. This limit was inadvertently omitted during the previous revision of these rules.

The average salary used to calculate the credit for increases in K-4 basic education classified instructional assistants is based on CIS for the purpose of apportionment, rather than on basic education CIS. This methodology is consistent with the recently revised RCW 28A.150.410 and proposed WAC 392-121-299 and 392-121-400.

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, Bryan Conference Room, 4th Floor, P.O. Box 47200, Olympia, WA 98504-7200, on December 10, 2002, at 9-11 a.m.

Assistance for Persons with Disabilities: Contact Sheila Emery by December 3, 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 December 3, 2002.

Date of Intended Adoption: December 11, 2002.

October 30, 2002

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-5902.1


AMENDATORY SECTION(Amending WSR 02-09-024, filed 4/8/02, effective 5/9/02)

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, the superintendent of public instruction shall calculate a K-4 certificated staff ratio equivalent as follows:

(1) Sum the increase in the district's K-4 basic education classified instructional assistants determined pursuant to WAC 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.

[Statutory Authority: RCW 28A.150.290(2) and 2001 2nd sp.s. c 7 502 (2)(a)(v). 02-09-024, 392-140-908, filed 4/8/02, effective 5/9/02. 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 02-09-024, filed 4/8/02, effective 5/9/02)

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) 55.4 for the 2001-02 school year and 54.0 for the 2002-03 school year and thereafter; or

(ii) The sum of the following:

(A) The district's K-4 certificated instructional staff ratio pursuant to WAC 392-140-910; and

(B) The lesser of 2.2 for the 2001-02 school year and 0.8 for the 2002-03 school year and thereafter 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 lesser of 1.3 or 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 2001 2nd sp.s. c 7 502 (2)(a)(v). 02-09-024, 392-140-912, filed 4/8/02, effective 5/9/02. 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.]

Washington State Code Reviser's Office