WSR 12-12-072

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 5, 2012, 4:40 p.m. , effective June 5, 2012, 4:40 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Changes to WAC 392-343-025 State funding assistance percentate [percentage] -- General and 392-343-045 Space allocations -- Enrollment projections provision.

Changes are necessary to respond to language in SSB 6002 that requires immediate implementation for revised K-linear cohort projection methodology and new funding assistance percentages (matching) ratios affecting projcects [projects] expected to qualify for school construction assistance program funding in July 2012 release.

Citation of Existing Rules Affected by this Order: Amending WAC 392-343-025 and 392-343-045.

Statutory Authority for Adoption: 28A-525-020 [RCW 28A.525.020] Duties of superintendent of public instruction.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: In 2012, the legislature enacted legislation that made changes to the state funding formula for school construction assistance. The emergency rule adoption is necessary to implement the change in order to determine the amount of state funding assistance for districts with projects qualifying for the upcoming July 2012 state funding assistance release.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 5, 2012.

Randy Dorn

Superintendent of

Public Instruction

OTS-4805.1


AMENDATORY SECTION(Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-343-025   State funding assistance percentage -- General.   (1) The state funding assistance percentage for which a school district is eligible, if otherwise qualified under prevailing statutory provisions and rules and regulations of the superintendent of public instruction, shall be determined in accordance with the state funding assistance percentage formula set forth in RCW 28A.525.166.

(2) In the event the state funding assistance percentage to any school district computed in accordance with RCW 28A.525.166(2) is less than twenty percent and such school district otherwise is eligible for state funding assistance under statutory provisions and the superintendent of public instruction regulations, the percentage for such district shall be twenty percent of the state allowable costs of the project.

(3) In addition to the computed state funding assistance percentage as stated above, a school district as provided in RCW 28A.525.166(3), shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed state funding assistance percentage for each average percent of student growth for the past three years, with a maximum addition of twenty percent. In no case shall the state funding assistance exceed one hundred percent of the maximum allowable cost of the project.

(4) For the purpose of calculating the state funding assistance percentage, the October student headcount of kindergarten through grade twelve students shall be based on enrollment reported on the October P-223 and shall exclude alternative learning experience students as defined by RCW 28A.150.325 and reported on the October School Apportionment and Financial Services Alternative Learning Experience enrollment report who reside outside the school district, provided that districts may, by June 15, 2012, request the superintendent of public instruction to include such students in their October student headcount as follows:

(a) Districts must report the number of alternative learning experience students residing outside the district in October student headcount with documentation supporting that the student(s) physically attended the school for more than one hour per day for three days or more per week.

(b) Districts must report the number of alternative learning experience students residing inside the district in the October student headcount that did not have documentation supporting the student(s) attendance at the school for more than one hour per day for three days or more per week.

(c) After review of the information provided in (a) and (b) of this subsection the superintendent of public instruction may include the difference between (a) and (b) of this subsection in the calculation of state funding assistance.

(d) This subsection takes effect beginning with the October 2010 student enrollment counts and immediately affects all projects without state secured funding per WAC 392-341-055 and that have either already attained or will attain approval from the superintendent of public instruction pursuant to WAC 392-341-040 and if applicable pursuant to WAC 392-343-030.

[Statutory Authority: RCW 28A.525.020. 10-09-008, 392-343-025, filed 4/8/10, effective 5/9/10; 06-16-032, amended and recodified as 392-343-025, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. 90-17-009, 180-27-025, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), 180-27-025, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-343-045   Space allocations -- Enrollment projection provisions.   In planning for construction of all school facilities, a school district shall estimate capacity needs on the basis of the following:

(1) A three or five-year cohort survival enrollment projection for growth districts, whichever is greater;

(2) A three or five-year cohort survival enrollment projection for a declining district, whichever is lesser;

(3) Actual enrollment of preschool students with developmental disabilities; and

(4) Supplemental information regarding district growth factors which may include but not be limited to the following types of information:

(a) County live birth rates;

(b) New housing starts;

(c) Utility/telephone hookups; and

(d) Economic/industrial expansion.

(5) For the purposes of this section, ((kindergarten students and students with developmental disabilities shall be counted as provided under WAC 392-343-035 and all other grade one through twelve students shall be counted as October count day full-time equivalent students as reported to the superintendent of public instruction: Provided, That a school district which has or has had an annual average full-time equivalent enrollment of over five hundred, and which applied for and received additional state basic education allocation moneys based upon an enrollment increase after the first of the month enrollment count, may use the average of the two highest monthly full-time equivalent enrollment counts during the school year)) students with developmental disabilities shall be counted as provided under WAC 392-343-035. All other kindergarten through grade twelve students shall be counted based on their reported enrollment on the October P-223 and shall exclude alternative learning experience students as defined by RCW 28A.150.325 and reported on the October School Apportionment and Financial Services Alternative Learning Experience enrollment report who reside outside the school district, provided that districts may, by June 15, 2012, request the superintendent of public instruction to include such students in their October student headcount as follows:

(a) Districts must report the number of alternative learning experience students residing outside the district in the October student headcount with documentation supporting that student(s) physically attended the school for more than one hour per day for three days or more a week.

(b) Districts must report the number of alternative learning experience students residing inside the district in the October student headcount that did not have documentation supporting the student(s) attendance at the school for more than one hour per day for three days or more per week.

(c) After review of the information provided in (a) and (b) of this subsection the superintendent of public instruction may include the difference between (a) and (b) of this subsection in the calculation of state funding assistance.

(d) This subsection takes effect beginning with the October 2010 student enrollment counts and immediately affects all projects without state secured funding per WAC 392-341-055 and that have either already attained or will attain approval from the superintendent of public instruction pursuant to WAC 392-341-040.

[Statutory Authority: RCW 28A.525.020. 10-09-008, 392-343-045, filed 4/8/10, effective 5/9/10; 06-16-032, amended and recodified as 392-343-045, filed 7/25/06, effective 8/25/06; 98-19-143, 180-27-045, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, 180-27-045, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), 180-27-045, filed 10/17/83.]

Washington State Code Reviser's Office