WSR 08-04-008

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed January 24, 2008, 11:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-23-021.

Title of Rule and Other Identifying Information: WAC 392-121-250 and 392-121-270, Finance -- General apportionment -- Certificated instructional staff.

Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on March 11, 2008, at 9:30 a.m.

Date of Intended Adoption: March 12, 2008.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, e-mail penny.coker@k12.wa.us, fax (360) 753-4201, by March 10, 2008.

Assistance for Persons with Disabilities: Contact Clarice Nnanubu by March 10, 2008, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions expand the definition of "nondegreed" to provide a clearer standard/criteria of what constitutes a nondegreed vocational/career and technical education (CTE) instructional employee.

Currently, a complicated series of rules provide recognition for the industry experience of vocational/CTE instructors, for purposes of salary placement on LEAP allocation documents. These unclear rules place districts at risk as they make good faith efforts to place their CTE instructors correctly. These rule revisions establish a clearer standard for recognition of the industry experience for a narrow group of CTE instructors, effective for the 2007-08 school year. Based on 2005-06 staff mix errors noted in audit memos by the state auditor's office, this rule clarification would affect the place of thirty to fifty CTE instructors statewide for a cost of $150,000 to $250,000 ($5,000 per instructor).

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

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

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.

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

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

January 24, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1309.1


AMENDATORY SECTION(Amending WSR 06-19-045, filed 9/15/06, effective 10/16/06)

WAC 392-121-250   Definition -- Highest degree level.   As used in this chapter, the term "highest degree level" means:

(1) The highest degree earned by the employee from a regionally accredited institution of higher education;

(2) "Nondegreed" for a certificated instructional employee who holds no bachelor's or higher level degree; or

(3) "Nondegreed" for a certificated instructional employee who holds a valid vocational/career and technical education certificate acquired as the result of industrial experience rather than college training((, and who has a degree earned from a regionally accredited institution of higher education prior to the issue of the initial vocational/career and technical education certificate, which is incidental to or not related to the vocational/career and technical education certificate)) pursuant to WAC 181-77-041: Provided, That the employee has obtained no other past or present education certificate or permit in which a degree is required pursuant to chapter 181-79A WAC.

[Statutory Authority: RCW 28A.150.290(1). 06-19-045, 392-121-250, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, 392-121-250, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-250, filed 1/11/88.]


AMENDATORY SECTION(Amending WSR 06-19-045, filed 9/15/06, effective 10/16/06)

WAC 392-121-270   Placement of certificated instructional employees on LEAP salary allocation documents.   Each certificated instructional employee shall be placed on LEAP salary allocation documents with the highest placement based on the employee's highest degree level, total eligible credits, and certificated years of experience each defined in this chapter: Provided, That((:))

(1) If an employee holds more than one degree of the same level, additional credits shall be counted after the first degree.

(2) An employee whose highest degree is a bachelor's degree, whose total eligible credits are ninety or greater, and whose total eligible credits earned prior to January 1, 1992, were less than one hundred thirty-five shall be placed on the BA + 90 column.

(3) An employee whose highest degree level is nondegreed shall be placed on the BA columns except that such persons holding valid vocational/career and technical education certificates with one hundred thirty-five or more eligible credits shall be placed on the MA + 0 column.

(4) A vocational/career and technical education instructor who obtains a bachelor's degree while employed in the state of Washington as a nondegreed vocational/career and technical education instructor and for whom one hundred thirty-five or more eligible credits determined pursuant to WAC 392-121-259 were reported on Report S-275 prior to the awarding of that bachelor's degree shall continue to be placed on the MA + 0 column and shall not advance to any other column unless a master's degree is obtained.

(5) For placement on LEAP salary allocation documents, total eligible credits and certificated years of experience shall be rounded to the nearest whole number. One-half credit or year shall be rounded to the next highest credit or year.

[Statutory Authority: RCW 28A.150.290(1). 06-19-045, 392-121-270, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, 392-121-270, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), 392-121-270, filed 10/18/95, effective 11/18/95. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, 392-121-270, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.150.290. 92-23-044 (Order 92-15), 392-121-270, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.150.290 and 1990 1st ex.s. c 16 502. 91-02-097 (Order 51), 392-121-270, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 90-13-088 (Order 15), 392-121-270, filed 6/20/90, effective 7/21/90; 88-03-013 (Order 88-8), 392-121-270, filed 1/11/88.]

Washington State Code Reviser's Office