WSR 12-16-076

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed July 31, 2012, 11:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-12-069.

Title of Rule and Other Identifying Information: WAC 392-343-025 State funding assistance percentage -- General and 392-343-045 Space allocations -- Enrollment projections provision.

Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, Wanamaker, P.O. Box 47200, Olympia, WA 98504-7200, on September 4, 2012, at 10:30 a.m.

Date of Intended Adoption: September 4, 2012.

Submit Written Comments to: Scott Black, OSPI, Old Capitol Building, P.O. Box 47200, 600 Washington Street S.E., Olympia, WA 98504-7200, e-mail Scott.black@k12.wa.us, fax (360) 586-3946, by September 3, 2012.

Assistance for Persons with Disabilities: Contact Wanda Griffin by September 1, 2012, TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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 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.

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: Scott Black, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6268; Implementation: Brenda Hetland, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6263; and Enforcement: Gordon Beck, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6268.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required to pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose any costs on school districts.

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

July 31, 2012

Randy Dorn

State Superintendent

OTS-4805.2


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 (kindergarten through grade twelve students) shall be based on enrollment reported on the October P-223 form on or before the October due date. The headcount shall exclude alternative learning experience (ALE) students who reside outside the school district, as reported on the office of superintendent of public instruction (OSPI) school apportionment and financial services October alternative learning experience monthly enrollment report on or before the November due date.

In accordance with chapter 28A.525 RCW, as an alternative to the above headcount a school district may request the OSPI to increase the headcount by the difference in the number of ALE students, residing outside the district who physically attend the school for more than one hour per day, three days or more per week, compared to the number of ALE students, residing inside the district, that did not physically attend the school for more than one hour per day, three days or more per week.

Any school district requesting the above alternative calculation must do so on an OSPI school facilities and organization alternative calculation for alternative learning students form on or before December 31st of that year.

For purposes of this section (ALE) students shall be defined as in RCW 28A.150.325.

[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)) October student headcount (kindergarten through grade twelve students) shall be based on enrollment reported on the October P-223 form reported on or before the October due date. The headcount shall exclude alternative learning experience (ALE) students who reside outside the school district, as reported on the office of superintendent of public instruction (OSPI) school apportionment and financial services October alternative learning experience monthly enrollment report on or before the November due date.

In accordance with chapter 28A.525 RCW, as an alternative to the above headcount a school district may request the OSPI to increase the headcount by the difference in the number of ALE students, residing outside the district who physically attend the school for more than one hour per day, three days or more per week, compared to the number of ALE students, residing inside the district, that did not physically attend the school for more than one hour per day, three days or more per week.

Any school district requesting the above alternative calculation must do so on an OSPI school facilities and organization alternative calculation for alternative learning students form on or before December 31st of that year. For purposes of this section (ALE) students shall be defined as in RCW 28A.150.325.

[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