PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 05-08-029.
Title of Rule and Other Identifying Information: WAC 392-140-900 through 392-140-913, Finance -- Special allocations -- K-4 staff enhancement.
Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on July 26, 2005, at 9:00 a.m.
Date of Intended Adoption: August 23, 2005.
Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201, by July 25, 2005.
Assistance for Persons with Disabilities: Contact Sheila Emery by July 20, 2005, TTY (360) 664-3631 or (360) 725-6271.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules are part of the state funding formula for K-12 education. These revisions will provide for the correct calculation of the school district's funded K-4 staff/student ratio for the 2004-05 school year and thereafter. The maximum state-funded K-4 ratio decreases from 54.0 certificated instructional staff (CIS) per 1,000 FTE students to 53.2 CIS per 1,000 FTE students. Also, supplemental contracts for extended learning opportunities in grades K-6 (duty suffix 4) no longer contribute to a district's state-funded K-4 ratio.
Reasons Supporting Proposal: Rule revisions are needed to implement provisions in the 2003-05 state biennial operating budget. This change is in section 502 (2)(a) of ESHB 2459 (the 2004 supplemental operating budget).
Statutory Authority for Adoption: RCW 28A.150.290(1).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of Superintendent of Public Instruction, governmental.
Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. No small business impact.
A cost-benefit analysis is not required under RCW 34.05.328. The Superintendent of Public Instruction is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
June 15, 2005
Dr. Terry Bergeson
Superintendent of
Public Instruction
OTS-8131.1
AMENDATORY SECTION(Amending WSR 02-09-024, filed 4/8/02,
effective 5/9/02)
WAC 392-140-903
K-4 Staff enhancement -- Definitions.
As
used in WAC 392-140-900 through 392-140-913:
(1) "Report S-275" means the school district personnel report as defined in WAC 392-121-225.
(2) "Form SPI 1158" means the form provided by the
superintendent of public instruction on which school districts
report a net change in K-12 full-time equivalent (FTE) staff
and/or K-4 FTE staff after October 1 ((and K-6 supplemental
contracts for extended learning opportunities not reportable
on Report S-275)).
(3) "Report 1159" means the report produced by the superintendent of public instruction displaying the calculations of K-4 certificated instructional staffing and K-4 apportionment ratios and other information as necessary.
(4) "Form SPI 1160" means the form provided by the superintendent of public instruction on which school districts may select the period of enrollment the superintendent of public instruction shall use to calculate staffing ratios.
(5) "Form SPI 1230" means the form provided by the superintendent of public instruction on which school districts had the option of reporting 1989-90 FTE K-3 basic education classified instructional assistants before September 1, 1999.
(6) "Form SPI 1230K-4" means the form provided by the superintendent of public instruction on which school districts have the option of reporting 1989-90 FTE K-4 basic education classified instructional assistants after September 1, 1999.
(7) "FTE K-4 basic education enrollment" means the school district's K-4 full-time equivalent enrollment reported for basic education funding pursuant to WAC 392-121-122 for the month of October or such other period selected by the district on optional Form SPI 1160.
(8) "FTE basic education certificated instructional employee" means the FTE calculated pursuant to WAC 392-121-215 for a basic education certificated instructional employee assigned in whole or in part to the following programs as defined in the Accounting Manual for Public School Districts in the State of Washington:
(a) Basic education, program 01;
(b) Vocational, basic, state, program 31;
(c) Skills center, basic, state, program 45; and
(d) District-wide support, program 97.
(9) "FTE K-4 basic education certificated instructional employee" means for a FTE basic education certificated instructional employee the following:
(a) If the basic education certificated instructional employee serves only K-4 students, one hundred percent of the FTE assigned to basic education; or
(b) If the basic education certificated instructional employee serves K-4 students and students of one or more other grades, multiply the FTE assigned to basic education by:
(i) The proportion of time spent serving K-4 students to all time serving students;
(ii) The proportion of K-4 students served to all students served; or
(iii) Any combination of (i) or (ii) of this subsection as appropriate.
(10) "FTE K-4 basic education certificated instructional staff" means the sum of FTE K-4 basic education certificated instructional employees for a school district.
(11) (("Extended learning opportunities" means additional
classroom contact time provided to students by teachers beyond
the normal school day for more than half-day or half-year
kindergarten, before-and-after school programs, weekend school
programs, summer school programs, and inter-session
opportunities to assist students in meeting the essential
academic learning requirements and student assessment
performance standards.
(12) "K-6 basic education supplemental contracts for extended learning opportunities" means time-related supplemental contracts for extended learning opportunities provided by teachers for students enrolled in grades kindergarten through six (K-6). For the purposes of this subsection, these supplemental contract hours shall include only the following staff assignments as defined in the S-275 Personnel Reporting Handbook:
(a) Program 01, basic education; and
(b) Activity 27, teaching; and
(c) Duty roots:
(i) 31, elementary teacher; or
(ii) 33, other teacher; or
(iii) 63, contractor teacher; and
(d) Duty suffix 4, extended learning opportunities; and
(e) Grade groups:
(i) K, kindergarten; or
(ii) E, elementary (grades 1, 2, 3, or 4); or
(iii) M, middle (grades 5 or 6).
(13))) "Basic education classified instructional assistant" means a person who is assigned in whole or in part to:
(a) Program 01 - basic education; 31 - vocational, basic, state; or 45 - skills center, basic, state; and
(b) Activity 27 - teaching; and
(c) Duty 910 - aide.
(((14))) (12) "Basic education classified instructional
assistant FTE" means the number determined for a basic
education classified instructional assistant as follows:
(a) Determine the hours per year that the employee is assigned as a basic education classified instructional assistant; and
(b) Divide by 2080.
(((15))) (13) "District FTE K-4 basic education
classified instructional assistants" means the sum of a school
district's FTE K-4 basic education classified instructional
assistants.
(a) If the basic education classified instructional
assistant serves only K-4 students, one hundred percent of the
FTE determined pursuant to subsection (((14))) (12) of this
section.
(b) If the basic education classified instructional
assistant serves K-4 students and students of one or more
other grades, multiply the FTE determined pursuant to
subsection (((14))) (12) of this section by:
(i) The proportion of time spent serving K-4 students to all time serving students;
(ii) The proportion of K-4 students served to all students served; or
(iii) Any combination of (b)(i) or (ii) of this subsection as appropriate.
(((16))) (14) "Actual average salary for basic education
classified instructional assistants" means the dollar amount
determined for a school district for a school year as follows:
(a) For each basic education certificated instructional assistant reported on Report S-275 determine the assignment salary reported;
(b) Sum the dollar amounts determined pursuant to (a) of this subsection; and
(c) Divide the result of (b) of this subsection by the sum of the school district's FTE basic education classified instructional assistants as reported on Report S-275.
[Statutory Authority: RCW 28A.150.290(2) and 2001 2nd sp.s. c 7 § 502 (2)(a)(v). 02-09-024, § 392-140-903, filed 4/8/02, effective 5/9/02. Statutory Authority: RCW 28A.150,290 [28A.150.290], 28A.505.140. 01-08-048, § 392-140-903, filed 3/30/01, effective 4/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 502 (2)(a)(iii). 00-02-063, § 392-140-903, filed 1/3/00, effective 2/3/00.]
(1) Required Report S-275. School districts shall report
K-4 basic education certificated instructional staff and K-4
basic education classified instructional assistants employed
as of October 1 of the school year on Report S-275 pursuant to
instructions provided by the superintendent of public
instruction. ((K-6 basic education supplemental contracts for
extended learning opportunities provided by staff employed by
the district as of October 1 shall be reported on Report S-275
and shall be updated throughout the school year as needed to
reflect actual hours employed.))
(2) Optional Form SPI 1158. School districts may use
this form to report ((the following:
(a))) net changes in K-4 basic education certificated instructional staff or in K-4 basic education classified instructional assistants after October 1 determined as follows:
(((i))) (a) Determine the base contract K-4 basic
education 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 base contract K-4 basic
education FTE as of October 1 actually reported for the
employee on the school district's most current Report S-275.
(((ii))) (b) Include decreases as well as increases in
FTE staff after October 1 and not reflected in Report S-275. Decreases include terminations, retirements, unpaid leave, and
reassignment of staff.
(((b) K-6 basic education supplemental contracts for
extended learning opportunities for staff that were not
employed by the district as of October 1 of the school year
and not reported on Report S-275.))
(3) Optional Form SPI 1160. School districts may use this form to select an enrollment period other than October:
(a) Enrollment for any month of the school year; or
(b) Annual average enrollment for the school year.
(4) Optional Form SPI 1230 K-4. School districts may use this form to report 1989-90 FTE K-4 classified instructional assistants. This is a one-time form. Once filed, the information from this form is used for all subsequent years unless revised by the district.
(5) Optional report forms for a school year must be filed with the superintendent of public instruction by September 30 following the close of the school year.
[Statutory Authority: RCW 28A.150.290(2) and 2001 2nd sp.s. c 7 § 502 (2)(a)(v). 02-09-024, § 392-140-904, filed 4/8/02, effective 5/9/02.]
(1) For the months of September through December, the superintendent shall use the district's estimated K-4 ratio as submitted on Report F-203 Estimates of State Revenue, or as submitted on a letter to the superintendent after submission of Report F-203.
(2) Beginning with the January apportionment payment and each month thereafter, the superintendent shall calculate the district's K-4 apportionment ratio as the greater of (a) or (b) of this subsection:
(a) The district's minimum state-funded K-4 staffing ratio, using FTE enrollment for state apportionment, and calculated as follows:
(i) Sum the district's K-3 FTE enrollment times 0.049 and the district's fourth grade FTE enrollment times 0.046;
(ii) Divide the result of (a)(i) of this subsection by the district total K-4 FTE enrollment;
(iii) Multiply the result of (a)(ii) of this subsection by 1000.
(b) The lesser of:
(i) ((55.4 for the 2001-02 school year and 54.0 for the
2002-03 school year and thereafter)) 53.2; or
(ii) The sum of the following:
(A) The district's K-4 certificated instructional staff ratio pursuant to WAC 392-140-910; and
(B) ((The lesser of 2.2 for the 2001-02 school year and
0.8 for the 2002-03 school year and thereafter or the
district's K-4 staff ratio equivalent of K-6 basic education
supplemental contracts for extended learning opportunities
pursuant to WAC 392-140-904; and
(C))) If the district's K-4 basic education certificated instructional staff ratio is 51.00 or greater, the lesser of 1.3 or the district's K-4 certificated staff ratio equivalent of the increased K-4 classified instructional assistants pursuant to WAC 392-140-908 if applicable, otherwise zero.
[Statutory Authority: RCW 28A.150.290(1) and section 502 (2)(a) of ESSB 6387. 03-03-001, § 392-140-912, filed 1/2/03, effective 2/2/03. Statutory Authority: RCW 28A.150.290(2) and 2001 2nd sp.s. c 7 § 502 (2)(a)(v). 02-09-024, § 392-140-912, filed 4/8/02, effective 5/9/02. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 502 (2)(a)(iii). 00-02-063, § 392-140-912, filed 1/3/00, effective 2/3/00.]
The following section of the Washington Administrative Code is repealed:
| WAC 392-140-905 | K-4 Staff enhancement -- Determination of the K-4 staff ratio equivalent of K-6 basic education supplemental contracts for extended learning opportunities. |