WSR 03-17-059

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed August 18, 2003, 3:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-14-039.

Title of Rule: WAC 392-140-974 Finance -- Special allocations -- Salary bonus for teachers who attain certification by the National Board for Professional Teaching Standards.

Purpose: Implement rule changes in providing funding for salary bonuses to teachers who attain certification by the national board for professional teaching standards.

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

Statute Being Implemented: Section 513(11) of ESSB 5404.

Summary: These rules implement changes in providing funding for salary bonuses to teachers who attain certification by the national board for professional teaching standards. The legislature has removed the previous four-year eligibility limit for those teachers to receive an annual bonus. Candidates now remain eligible for the bonus as long as they hold a valid certificate from the national board.

Reasons Supporting Proposal: Rule revisions are needed to implement changes in providing funding for the salary bonus. This change is in section 513(11) of ESSB 5404 (the 2003-05 State Operating Appropriations Act).

Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6130; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Cal Brodie, Office of Superintendent of Public Instruction, (360) 725-6301.

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 2003-05 State Operating Appropriations Act. These revisions will provide for the correct funding of salary bonuses in the 2003-04 school year and thereafter.

Proposal Changes the Following Existing Rules: The legislature has removed the previous four-year eligibility limit for those teachers to receive an annual bonus. Candidates now remain eligible for the bonus as long as they hold a valid certificate from the national board.

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 (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

Hearing Location: Old Capitol Building, Room 152, P.O. Box 47200, Olympia, WA 98504-7200, on September 23, 2003, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Ben Gravely, by September 13, 2003, 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 September 22, 2003.

Date of Intended Adoption: September 24, 2003.

August 12, 2003

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-6548.1


AMENDATORY SECTION(Amending WSR 02-15-023, filed 7/9/02, effective 8/9/02)

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.))

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 514(12). 02-15-023, 392-140-974, filed 7/9/02, effective 8/9/02.]

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