WSR 99-10-091

PERMANENT RULES

STATE BOARD OF EDUCATION


[ Filed May 4, 1999, 3:49 p.m. ]

Date of Adoption: March 19, 1999.

Purpose: To make technical adjustments and clarify existing provisions.

Citation of Existing Rules Affected by this Order: Repealing WAC 180-16-240; and amending WAC 180-16-195 and 180-16-220.

Statutory Authority for Adoption: RCW 28A.150.250, 28A.150.260, 28A.15.220 [28A.150.220].

Adopted under notice filed as WSR 99-04-080 on February 2, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 4, 1999

Larry Davis

Executive Director

OTS-2619.3


AMENDATORY SECTION(Amending Order 2-84, filed 5/17/84)

WAC 180-16-195
Annual reporting and review process.

(1) Annual district reports.  A review of each school district's kindergarten through twelfth grade program shall be conducted annually for the purpose of determining compliance or noncompliance with these basic education allocation entitlement requirements.  On or before the third Monday in October of each school year, each school district superintendent shall complete and return the program data report form(s) prepared and distributed by the superintendent of public instruction.  Such forms shall be designed to elicit data necessary to a determination of a school district's compliance or noncompliance with these entitlement requirements.  Data reported on any such form(s) by a school district shall accurately represent the actual status of the school district's program as of the first school day in October and as thus far provided and scheduled for the entire current school year.  Such forms shall be signed by:

(a) The school board president or chairperson, and

(b) The superintendent of the school district.

(2) State staff review.  ((The superintendent of public instruction)) State board of education staff shall review each school district's program data report and such supplemental state reports as staff ((deemed)) deems necessary, conduct on-site monitoring visits of randomly selected school districts and prepare recommendations and supporting reports for presentation to the state board of education: Provided, That, if a school district's initial program data report and any other state reports considered do not establish compliance with these basic education allocation entitlement requirements, the district shall be provided the opportunity to explain the deficiency and provide supplemental data.  School districts which foresee that they will not be able to comply with these entitlement requirements or that are deemed by the ((superintendent of public instruction)) state board to be in noncompliance may petition for a waiver on the basis of the limited ground of substantial lack of classroom space as set forth in WAC 180-16-225.

(3) Annual certification of compliance or noncompliance--Withholding of funds for noncompliance.

(a) At the annual March meeting of the state board of education, or at such other meeting as the board shall designate, the board shall certify each school district as being in compliance or noncompliance with these basic education allocation entitlement requirements.

(b) A certification of compliance shall be effective for the then current school year subject to any subsequent ad hoc review and determination of noncompliance as may be deemed necessary ((or advisable)) by the state board of education or advisable by the superintendent of public instruction.  In addition, a certification of compliance shall be effective tentatively for the succeeding school year until such time as the state board takes its annual action certifying compliance or noncompliance with these entitlement requirements.

(c) A certification of noncompliance shall be effective until program compliance is assured by the school district to the satisfaction of ((the superintendent of public instruction)) state board of education staff, subject to review by the state board.  Basic education allocation funds shall be deducted from the basic education allocation of a school district that has been certified as being in noncompliance unless such district has received a waiver, pursuant to WAC 180-16-225, from the state board for such noncompliance, or assurance of program compliance is subsequently provided for the school year previously certified as in noncompliance and is accepted by the state board.

(d) The withholding of basic education allocation funding from a school district shall occur for a noncompliance provided that the school district has been given a reasonable amount of time to remediate the noncompliance situation, not to exceed forty school business days from the time the district receives notice of the noncompliance from the ((superintendent of public instruction)) state board of education.  It is presumed that forty school business days is a reasonable time for school districts to correct an existing noncompliance.  The ((superintendent of public instruction)) state board of education may extend such timeline only if the district demonstrates, by clear and convincing evidence, that such timeline is not reasonable to make the necessary corrections.  For the purposes of this section, a school business day shall mean any calendar day, exclusive of Saturdays, Sundays, and any federal and school holidays upon which the office of the superintendent of the school district is open to the public for the conduct of business.  A school business day shall be concluded or terminated upon the closure of said office for the calendar day.

(e) The superintendent of public instruction, or his/her designee, after notification by the state board of education to a school district regarding an existing noncompliance, shall enter into a compliance agreement with the school district that shall include, but not be limited to, the following criteria:

(i) A deadline for school district remediation of the noncompliance(s), not to exceed forty school business days per noncompliance as specified in (d) of this subsection.

(ii) A listing of all the noncompliance areas and the necessary terms that must be satisfied in each area in order for the school district to gain compliance status.  This listing also shall specify additional deadlines for the accomplishment of the stated terms if different from the final deadline as specified in subsection (1) of this section.

(iii) A closing statement specifying that a school district's failure to remediate a noncompliance by the determined deadline shall result in the immediate withholding of the district's basic education allocation funding by the superintendent of public instruction.

(iv) The date and the signatures of the superintendent of the school district, or his/her designee, and the superintendent of public instruction, or his/her designee, to the agreement.  A copy of the completed compliance agreement shall be sent to the chairperson of the school district's board of directors.

(f) In the event a school district fails to sign the compliance agreement within five school business days from the date of issuance or does not satisfy the terms of the signed compliance agreement within the designated amount of time, the superintendent of public instruction shall withhold state funds for the basic education allocation until program compliance is assured.

(g) The superintendent of public instruction shall withhold state funds for the basic education allocation to a school district based on the following procedure:

(i) For the first month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold twenty-five percent of the state funds for the basic education allocation to a school district.

(ii) For the second month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold fifty percent of the state funds for the basic education allocation to a school district.

(iii) For the third month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold seventy-five percent of the state funds for the basic education allocation to a school district.

(iv) For the fourth month, and every month thereafter, that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold one hundred percent of the state funds for the basic education allocation to a school district until compliance is assured.

(h) Any school district may appeal to the state board of education the decision of noncompliance by the ((superintendent of public instruction)) state board of education staff.  Such appeal shall be limited to the interpretation and application of these rules and regulations by such superintendent of public instruction.  Such appeal shall not stay the withholding of any state funds pursuant to this section.  The state board of education may not waive any of the basic education entitlement requirements as set forth in this chapter, except as provided in WAC 180-16-225.

[Statutory Authority: RCW 28A.58.754(6).  84-11-043 (Order 2-84), 180-16-195, filed 5/17/84.  Statutory Authority: RCW 28A.04.120.  83-13-002 (Order 3-83), 180-16-195, filed 6/2/83.  Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250.  79-10-033 (Order 10-79), 180-16-195, filed 9/12/79.  Statutory Authority: RCW 28A.41.130 and 28A.58.754.  78-06-097 (Order 3-78), 180-16-195, filed 6/5/78.]


AMENDATORY SECTION(Amending WSR 90-01-137, filed 12/20/89, effective 1/20/90)

WAC 180-16-220
Supplemental program and basic education allocation entitlement requirements.

The following requirement((s)), while not imposed by the "Basic Education Act of 1977," ((are)) is hereby established by the state board of education as a related supplemental condition((s)) to a school district's entitlement to state basic education allocation funds.

(((1) Student to certificated staff ratio requirement.  The ratio of students enrolled in a school district to full-time equivalent certificated employees shall not exceed twenty-three to one: Provided, That nonhigh school districts or school districts that have a student enrollment of two hundred fifty or less in grades nine through twelve may, as an alternative to the foregoing requirement, have a ratio of students to full-time equivalent certificated classroom teachers of twenty-six to one or less.  For the purpose of this subsection, "certificated employees" shall mean those employees who are required by state statute or by rule of the state board of education, or by written policy of the school district to possess a professional education permit, certificate or credential issued by the superintendent of public instruction, as a condition to employment and "classroom teacher" shall be defined as in WAC 180-16-210 and the students to classroom teachers ratio shall be computed in accordance with WAC 180-16-210(1).

(2))) Current and valid certificates.  Every school district employee required by WAC ((180-75-055)) 180-79A-140 to possess a professional education permit, certificate, or credential issued by the superintendent of public instruction for his/her position of employment, shall have a current and valid permit, certificate or credential.  In addition, effective August 31, 1987, classroom teachers, principals, vice principals, and educational staff associates shall be required to possess endorsements as required by WAC ((180-16-221, 180-16-231, and 180-16-236)) 180-82-105, 180-82-120, and 180-82-125, respectively.

(((3) Other program requirements self evaluation.  Each school district shall adopt a procedure to ensure awareness of and compliance with other program requirements, including provisions set forth in WAC 180-16-240.))

[Statutory Authority: RCW 28A.58.754(6), 28A.58.085 and 28A.58.090.  90-01-137, 180-16-220, filed 12/20/89, effective 1/20/90.  Statutory Authority: RCW 28A.58.090.  86-20-056 (Order 14-86), 180-16-220, filed 9/29/86.  Statutory Authority: RCW 28A.58.754(6).  86-13-015 (Order 5-86), 180-16-220, filed 6/10/86; 84-11-043 (Order 2-84), 180-16-220, filed 5/17/84.  Statutory Authority: 28A.04.120(4).  81-08-026 (Order 1-81), 180-16-220, filed 3/26/81.  Statutory Authority: RCW 28A.04.120.  80-06-093 (Order 7-80), 180-16-220, filed 5/29/80.  Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250.  79-10-033 (Order 10-79), 180-16-220, filed 9/12/79.  Statutory Authority: RCW 28A.41.130 and 28A.58.754.  78-06-097 (Order 3-78), 180-16-220, filed 6/5/78.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 180-16-240Compliance with other program requirements.

Washington State Code Reviser's Office