WSR 06-21-017

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 6, 2006, 11:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-17-036.

Title of Rule and Other Identifying Information: Chapter 392-141 WAC, Transportation -- State allocation for operations.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Brouillet Conference Room, 600 South Washington Street, Olympia, WA 98504, on December 6, 2006, at 3:30 p.m.

Date of Intended Adoption: December 11, 2006.

Submit Written Comments to: Allan J. Jones, Director, P.O. Box 47200, Olympia, WA 98504, e-mail ajjones@ospi.wednet.edu, fax (360) 586-6124, by December 4, 2006.

Assistance for Persons with Disabilities: Contact Penny Coker by December 4, 2006, TTY (360) 664-3631 or (360) 725-6142.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To bring OSPI rules into alignment with RCW 28A.160.160 (eliminating a one hundred forty-four day program requirement for basic shuttle routes) and to allow the full-time period provided under statute for the school district annual ridership report.

The revisions will allow school districts to report basic shuttle routes for funding allowed under statute during the 2006-07 school year. This action is in direct response to recommendation 4 of the joint legislative audit and review committee report on pupil transportation funding study.

Statutory Authority for Adoption: RCW 28A.150.290.

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

Name of Proponent: [OSPI], governmental.

Name of Agency Personnel Responsible for Drafting: Charlie Schreck, OSPI, (360) 725-6136; Implementation: Marcia Riggers, OSPI, (360) 725-5175; and Enforcement: Allan J. Jones, OSPI, (360) 725-6120.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

October 6, 2006

Dr. Terry Bergeson

Superintendent

OTS-9096.1


AMENDATORY SECTION(Amending Order 98-08, filed 8/7/98, effective 9/7/98)

WAC 392-141-160   District reporting and recordkeeping requirements.   Annual or supplementary reports shall be submitted by each school district to the superintendent of public instruction prior to the ((third Monday)) last business day in October. This report shall reflect to the extent practical the planned pupil transportation program for the entire school year and which is in operation during ridership count week. Reports shall be submitted with a cover letter signed by the chief school district administrator attesting to the completeness of the requirements below and the accuracy of the data contained therein. The superintendent of public instruction shall have the authority to make modifications or adjustments in accordance with the intent of RCW 28A.160.150, 28A.160.160, and 28A.160.170. Each district shall submit the data required on a timely basis as a condition to the continuing receipt of student transportation allocations. These reports shall be maintained for a period of three school years or until audited and include the following but are not limited to:

(1) School bus route logs completed in ink by bus drivers for five consecutive days. These logs shall include state school bus numbers, each bus stop, the number of students boarding the bus at each stop, and destination schools, transfer points, learning centers, or agencies; and

(2) The number of kindergarten through fifth grade students enrolled during ridership count week and living one radius mile or less from their destination school; and

(3) Other operational data and descriptions, as required by the superintendent of public instruction to determine operation allocation requirements for each district; and

(4) An annual school bus mileage report including the beginning and ending year odometer reading, the total miles for each bus for the school year, an estimate of to and from school mileage for the upcoming school year, and miles for extended day routes, field trips, extracurricular, and other contractual uses of school buses; and

(5) Copies of any and all correspondence, publications, news articles, or campaign materials which encourage ridership during count week of the report that is beyond the normal activity experienced during the school year. School districts shall not utilize incentive programs that provide tangible gifts to reward increases in ridership counts.

School districts shall maintain at least a weekly one-day route log containing the school bus driver's name, state bus number, route number, route type, day of the week, beginning and ending odometer readings, destinations, destination times and student counts. These route logs shall be maintained in the school district files for a period of three years or until audited.

[Statutory Authority: RCW 28A.150.290. 98-17-007 (Order 98-08), 392-141-160, filed 8/7/98, effective 9/7/98. Statutory Authority: 1996 c 279 and RCW 28A.150.290. 96-16-010 (Order 96-09), 392-141-160, filed 7/25/96, effective 8/25/96. Statutory Authority: RCW 28A.150.290. 94-17-058, 392-141-160, filed 8/12/94, effective 9/12/94; 92-08-024 (Order 92-03), 392-141-160, filed 3/23/92, effective 4/23/92. Statutory Authority: RCW 28A.41.170. 84-15-025 (Order 84-26), 392-141-160, filed 7/11/84.]


AMENDATORY SECTION(Amending Order 92-03, filed 3/23/92, effective 4/23/92)

WAC 392-141-180   Limitations on the allocation for transportation between schools and learning centers.   Funding for transportation between schools and learning centers shall be subject to the ((following conditions:

(1) The)) instruction at the learning center site ((shall be scheduled for at least one hundred forty-four school days within an annual term and meet)) meeting the requirements established in any of the following statutes:

(((a))) (1) Chapter 28A.230 RCW;

(((b))) (2) Chapter 28A.155 RCW;

(((c))) (3) RCW 28A.165.010 through 28A.165.080;

(((d))) (4) RCW 28A.150.200; and

(((e))) (5) RCW 28A.180.010 through 28A.180.080((;

(2) The transportation between schools and learning centers shall be scheduled for at least one hundred forty-four school days within an annual term; and

(3) The limitations imposed by this section shall not apply to midday transportation or transportation of special education, gifted, or bilingual students between schools and agencies less frequently than four days a week)).

[Statutory Authority: RCW 28A.150.290. 92-08-024 (Order 92-03), 392-141-180, filed 3/23/92, effective 4/23/92. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-141-180, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. 84-15-025 (Order 84-26), 392-141-180, filed 7/11/84.]


AMENDATORY SECTION(Amending Order 96-09, filed 7/25/96, effective 8/25/96)

WAC 392-141-185   Operation allocation computation.   The computation of the transportation operation allocation shall be as follows:

(1) All basic and transit tripper students defined in WAC 392-141-115 who are transported to school shall be measured by radius mile intervals between the bus route stop and the destination sites in accordance with WAC 392-141-170(3) and multiplied by two to yield the round trip totals in each distance interval;

(2) All midday students defined in WAC 392-141-115 and basic shuttle students transported shall be measured by radius mile intervals between the bus route stop and the destination school in accordance with WAC 392-141-170(3)((;)). Basic shuttle transportation whose schedule is less than five days a week shall have the weighted units multiplied by the appropriate percent shown in the table below:


No. of days

per week

Percent

factor

1 20%
2 40%
3 60%
4 100%

(3) The total students in subsections (1) and (2) of this section in each distance interval, multiplied by the applicable distance weighting factor contained in WAC 392-141-170(3) shall equal the weighted student units in each distance interval. Midday transportation students whose schedule is one day per week shall have the weighted student units multiplied by twenty percent;

(4) The district's minimum load factor, if applicable, is calculated pursuant to WAC 392-141-170(5). This factor is multiplied by the total weighted student units generated by basic and tripper students. This total is the additional weighted units attributable to the district's small average bus load;

(5) The sum of the cumulative weighted student units calculated in subsections (3) and (4) of this section, if applicable, equals the total basic transportation weighted units;

(6) The basic allocation is the total basic transportation weighted units calculated in subsection (5) of this section multiplied by the standard student mile allocation rate;

(7) All special students defined in RCW 28A.155.020 transported on special transportation bus routes to school or agencies for related services shall be measured by radius mile intervals between their bus route stops and destinations sites in accordance with WAC 392-141-170(3) and multiplied by two to yield the round trip total in each distance interval;

(8) All special shuttle students transported between schools or agencies less frequently than five days a week shall be measured by radius mile intervals between the bus route stop and destination sites in accordance with WAC 392-141-170(3);

(9) The total students in subsections (7) and (8) of this section in each distance interval multiplied by the applicable distance weighting factor contained in WAC 392-141-170(3) shall equal the weighted student units in each distance interval. Special shuttle transportation whose schedule is less than five days a week shall have the weighted units multiplied by the appropriate percent shown in the table below:

No. of days

per week

Percent

factor

1 20%
2 40%
3 60%
4 100%

(10) The district's special transportation load factor, if applicable, is calculated pursuant to WAC 392-141-170. The factor is multiplied by the total weighted student units generated by special students (not special shuttle students);

(11) The weighted student units calculated in subsections (9) and (10) of this section, if applicable, equals the total special transportation weighted units;

(12) The special allocation is the total special transportation weighted units calculated in subsection (11) of this section, multiplied by the standard student mile allocation rate;

(13) The one radius mile allocation for basic trippers and midday kindergarten students shall be calculated by the number of kindergarten through fifth grade students enrolled during the five consecutive day count week and living one radius mile or less from their enrollment school less kindergarten through fifth grade special education students living and transported within one mile, multiplied by the allocation rate, and further multiplied by a factor established by the Biennial Appropriations Act;

(14) The district car allocation is computed for each vehicle and then totaled to equal the district car allocation. The computation is based on one hundred eighty days and fifty mile increments multiplied by the appropriate district car operation and depreciation rates published by the superintendent of public instruction. All vehicles traveling over two hundred fifty miles receive only the depreciation rate for miles in excess of two hundred fifty for the one hundred eighty day period;

(15) The district's annual allocation for transportation operation is the total of the calculations made in subsections (6), (12), (13) and (14) of this section;

(16) The allocation for kindergarten through fifth grade students living one radius mile or less from their school of enrollment may be used for transporting students, funding crossing guards or local and the state matching funds for capital projects. Projects managed by the federal government are ineligible;

(17) When a district submits a revised report pursuant to WAC 392-141-165, to the extent funds are available, the district's operation allocation shall be recalculated. Any increase in operations allocations shall be prorated for the remainder of the annual school term or until termination of activities before the end of the scheduled school term. The date that the district documents first meeting the ten percent increase in eligible students transported shall be used to prorate any increase in annual transportation operation allocations.

[Statutory Authority: 1996 c 279 and RCW 28A.150.290. 96-16-010 (Order 96-09), 392-141-185, filed 7/25/96, effective 8/25/96. Statutory Authority: 1995 2nd sp.s. c 18 and RCW 28A.150.290. 95-18-050 (Order 95-04), 392-141-185, filed 8/30/95, effective 9/30/95. Statutory Authority: RCW 28A.150.290. 92-08-024 (Order 92-03), 392-141-185, filed 3/23/92, effective 4/23/92. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-141-185, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. 84-15-025 (Order 84-26), 392-141-185, filed 7/11/84.]

Washington State Code Reviser's Office