PREPROPOSAL STATEMENT OF INQUIRY
PUBLIC INSTRUCTION
Subject of Possible Rule Making: WAC 392-127, Finance--Certificated instructional staff ratio (46:1000) compliance.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.150.290.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A number of minor changes are needed. The method of calculating staff changes after October 1 is simplified to maintain consistency with K-4 staff ratio rules under development. The Office of Superintendent of Public Instruction reporting procedures are updated to provide monthly electronic reports with apportionment. The process of calculating and withholding the penalty is clarified. An obsolete section is repealed. These changes should have no fiscal impact on school districts.
Process for Developing New Rule: Early solicitation of public comments and recommendations respecting new, amended or repealed rules, and consideration of the comments and recommendations in the course of drafting rules.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 sending written comments to Rules Coordinator, Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201, TDD (360) 664-3631. For telephone assistance contact Ross Bunda, (360) 753-3585.
Dr. Terry Bergeson
Superintendent of
Public Instruction
| • | The method of calculating supplemental staff (changes after October 1) is simplified to match S-275 reporting instructions. This change is parallel to the supplemental staff calculation proposed in the new K–4 staff ratio rules. |
| • | OSPI reporting requirements are updated to reflect the use of monthly electronic apportionment reports to inform school districts of staff ratio calculations. |
| • | The process for calculating and withholding the penalty is clarified. |
| • | Obsolete language is repealed. |
| • | An out-of-place section ( WAC 392-127-810) is repealed. |
| • | Minor drafting changes are made. |
Questions and comments about the discussion draft can be directed to Ross Bunda at (360) 753-3585 or RBunda@ ospi.wednet.edu, or Allen Jones at (360) 753-6708 or AJones@ ospi.wednet.edu.
FINANCE--CERTIFICATED INSTRUCTIONAL
STAFF RATIO (46:1000) COMPLIANCE
As used in this chapter, "full-time
equivalent enrollment" means for the period selected by a school district, the total full-time
equivalent students reported by a school district pursuant to
WAC 392-121-122 (1) and (2) ((and
for school years through 1994-95 minus: Special education full-time equivalent students
calculated pursuant to
WAC 392-122-131 and based on the enrollment reported by a school
district pursuant to
WAC 392-122-106)).
[Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), § 392-127-015, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.150.290 and RCW 28A.150.100(2). 93-21-089 (Order 93-18), § 392-127-015, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-015, filed 6/1/90, effective 7/2/90.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION [Amending Order 10, filed 6/1/90]WAC 392-127-065
Supplemental FTE staff--Definition.
As used in this chapter,
"supplemental full-time equivalent staff" means the ((sum of a school district's addition,
reduction, or reassignment)) net change in full-time equivalents for basic education certificated
instructional employees after October 1 of the school year determined as follows:.
(1) Determine the basic education certificated instructional FTE that would be reported for each employee for the school year on Report S-275 if the current date were substituted for the October 1 snapshot date as required in S-275 instructions. and subtract the basic education certificated instructional FTE as of October 1 actually reported for the employee on the school district's most current Report S-275.
(2) Include decreases as well as increases in staff after October 1 including terminations, retirements, unpaid leave, or reassignment of staff.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-065, filed 6/1/90, effective 7/2/90.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of
RCW 34.08.040.
AMENDATORY SECTION [Amending Order 96-03, filed 2/13/96]WAC 392-127-070
Basic education certificated instructional staff ratio--Definition.
As used in this chapter, "basic education certificated instructional staff ratio" means the following calculation:
(1) Add the full-time equivalent basic education certificated instructional employees as reported on the S-275 and any supplemental full-time equivalent staff reported to the superintendent of public instruction;
(2) Divide the result obtained in subsection (1) of this section by the full-time equivalent enrollment for October or that period selected by the school district; and
(3) Multiply the result obtained in subsection (2) of this section by one thousand.
[Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), § 392-127-070, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-070, filed 6/1/90, effective 7/2/90.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION [Amending Order 10, filed 6/1/90]WAC 392-127-085
School district reporting--Optional report--Staff changes.
At any
time prior to September 30 following the end of a school year school districts may report to the
superintendent of public instruction ((prior to September 30 of the following school year))
supplemental full-time equivalent staff for the ((current)) school year pursuant to
WAC 392-127-065 and instructions provided by the superintendent.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-085, filed 6/1/90, effective 7/2/90.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION [Amending Order 10, filed 6/1/90]WAC 392-127-111
Calculation of penalty for failure to maintain staffing ratio.
For
those school districts with a basic education certificated instructional staff ratio of less than
forty-six ((shown on the school district's final report)), the superintendent shall ((withhold from
the next apportionment payment the following)) reduce the districts basic education general
apportionment entitlement for the school year by the amount determined as follows:
(1) Subtract the current school year final basic education certificated instructional staff ratio as reported to the school district from forty-six;
(2) Multiply the result obtained in subsection (1) of this section by the current school year full-time equivalent enrollment and further divide by one thousand; and
(3) Multiply the result obtained in subsection (2) of this section by the school district's average salary, average mandatory fringe benefits, and health insurance benefits for certificated instructional staff unit used for the purpose of calculating the school district's general apportionment entitlement for the current school year.
(((4) The result obtained in subsection (3) of this section is the amount that the
superintendent of public instruction shall withhold from the next apportionment payment for the
school district in question.))
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-111, filed 6/1/90, effective 7/2/90.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 392-127-112
Reporting by the superintendent of public instruction.
With each monthly apportionment payment for the school year beginning in January, the superintendent of public instruction shall show calculations of the district's basic education certificated instructional staff ratio and any penalty calculated pursuant to WAC 392-121-111. Calculations shall be based on the most current data from the district's Report S-275 and any optional reports received by the superintendent by the 15th of the month.
[]
The following sections of the Washington Administrative Code are repealed:
| WAC 392-127-030 | Current school year--Definition |
| WAC 392-127-035 | Following school year--Definition |
| WAC 392-127-040 | Academic year--Definition |
| WAC 392-127-050 | Addition FTE--Definition |
| WAC 392-127-055 | Reduction FTE--Definition |
| WAC 392-127-060 | Reassignment FTE--Definition |
| WAC 392-127-095 | Initial report by the superintendent of public instruction |
| WAC 392-127-101 | Interim report by the superintendent of public instruction |
| WAC 392-127-106 | Final report by the superintendent of public instruction |
| WAC 392-127-810 | Finance--Limitations on enrollment counts |
As used in this chapter, "current school year" means the school year for which the calculations set forth in this chapter are being performed.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-030, filed 6/1/90, effective 7/2/90.]
As used in this chapter, "following school year" means the school year immediately after the current school year.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-035, filed 6/1/90, effective 7/2/90.]
As used in this chapter, "academic year" means any nine-month period within the current school year in which the minimum one hundred eighty school days required by law is conducted.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-040, filed 6/1/90, effective 7/2/90.]
As used in this chapter, "addition full-time equivalent" means the increase in full-time equivalent for a basic education certificated instructional employee who is not reported on the S-275 or whose certificated instructional full-time equivalent is increased after October 1 of the current school year calculated as follows:
(1) Determine the basic education certificated instructional full-time equivalent that would have been reported for the employee on the S-275 if the employee had served the full academic year at the level of service after the contract change;
(2) Subtract the basic education certificated instructional full-time equivalent as of October 1 as reported for the employee on the S-275 from the result obtained in subsection (1) of this section;
(3) Multiply the result obtained in subsection (2) of this section by the number of months remaining in the academic year that the employee serves at the level of service after the contract change, including the month the change occurred; and
(4) Divide the result obtained in subsection (3) of this section by nine.
[Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), § 392-127-050, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-050, filed 6/1/90, effective 7/2/90.]
As used in this chapter, "reduction full-time equivalent" means the decrease in full-time equivalent" means the decrease in full-time equivalent for a basic education certificated instructional employee who is no longer employed or whose certificated instructional full-time equivalent is reduced after October 1 of the current school year calculated as follows:
(1) Determine the basic education certificated instructional full-time equivalent that would have been reported for the employee on the S-275 if the employee had served the full academic year at the level of service after the contract change;
(2) Subtract the basic education certificated instructional full-time equivalent as of October 1 as reported for the employee on the S-275 from the result obtained in subsection (1) of this section;
(3) Multiply the result obtained in subsection (2) of this section by the number of months remaining in the academic year that the employee serves at the level of service after the contract change, including the month the change occurred; and
(4) Divide the result obtained in subsection (3) of this section by nine.
[Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), § 392-127-055, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-055, filed 6/1/90, effective 7/2/90.]
As used in this chapter, "reassignment full-time equivalent" means the change in full-time equivalent for a basic education certificated instructional employee after October 1 whose certificated instructional full-time equivalent does not change calculated as follows:
(1) Determine the basic education certificated instructional full-time equivalent that would have been reported for the employee on the S-275 if the employee had served the full academic year at the level of service after the assignment change;
(2) Subtract the basic education certificated instructional full-time equivalent as of October 1 as reported on the S-275 from the result obtained in subsection (1) of this section;
(3) Multiply the result obtained in subsection (1) of this section by the number of months remaining in the academic year that the employee serves at the level of service after the contract change, including the month the reassignment is in effect; and
(4) Divide the result obtained in subsection (2) of this section by nine.
[Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), § 392-127-060, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-060, filed 6/1/90, effective 7/2/90.]
Prior to January 31 of each school year the superintendent of public instruction shall report to each school district its basic education certificated instructional staff ratio for the current school year. The report shall include any supplemental data submitted by the school district to the superintendent of public instruction prior to January 1 of the current school year.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-095, filed 6/1/90, effective 7/2/90.]
Within thirty days of receiving an optional report of staff or enrollment changes from a school district, the superintendent of public instruction shall report to the school district its basic education certificated instructional staff ratio for the current school year.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-101, filed 6/1/90, effective 7/2/90.]
Prior to January 1 of the following school year, the superintendent of public instruction shall report to each school district its basic education certificated instructional staff ratio for the current school year. Calculations shall include supplemental data for the current school year submitted by the school district prior to September 30 of the following school year.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-106, filed 6/1/90, effective 7/2/90.]
No eligible student enrolled in a high school, community college, vocational-technical institute, or any combination thereof, reported under WAC 392-127-800 and 392-127-805 shall be counted as more than one full-time equivalent student for any single month or more than one annual average full-time equivalent student in any school year: Provided, That an eligible student who enrolls in grade eleven and elects to enroll in a summer community college or vocational-technical institute program that school year in order to accelerate his or her high school graduation may be counted as more than one annual average full-time equivalent student for that school year: Provided further, That the student shall not be counted the succeeding school year as more than one annual average full-time equivalent student less that portion of the prior school year count which exceeded one annual average full-time equivalent student count.
[Statutory Authority: RCW 28A.600.390. 91-03-129 (Order 1), § 392-127-810, filed 1/23/91, effective 2/23/91.]