WSR 11-01-062

PREPROPOSAL STATEMENT OF INQUIRY

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed December 8, 2010, 12:07 p.m. ]

Subject of Possible Rule Making: WAC 392-126-075 (shared leave) eligibility, 392-126-090 (shared leave) maximum amount, 392-126-099 Calculation of shared leave benefit -- Proration, 392-126-101 Shared leave benefits -- Transfers between districts -- Calculation of donated leave amounts.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.400.380.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESSB 6724 requires revision of this rule. The current shared leave rules for school district employees were adopted prior to the passage of ESSB 6724 in the 2010 regular session. According to the existing rules, school district employees may only donate or receive shared leave with employees of the same district. The passage of ESSB 6724 removed that restriction from statute, allowing for the sharing of leave between employees of different school districts. In addition, the maximum amount of shared leave that an employee can receive was increased from two hundred sixty-one days to five hundred twenty-two days.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The office of financial management is responsible for shared leave rules between employees of state agencies.

Process for Developing New Rule: Early solicitation of public comments and recommendations respecting new, amended, or repealed rules, and consideration of the comments and recommendations in the course of drafting rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Daniel Lunghofer, OSPI School District Accounting Supervisor, (360) 725-6303, Old Capitol Building, P.O. Box 47200, Olympia, WA, Daniel.lunghofer@k12.wa.us.

Randy Dorn

State Superintendent of

Public Instruction

Washington State Code Reviser's Office