WSR 07-23-042

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed November 14, 2007, 11:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-19-090.

Title of Rule and Other Identifying Information: WAC 392-127-004 through 392-127-112, Finance -- Certificated instructional staff ratio (46:1000) compliance.

Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on January 7, 2008, at 10:00 a.m.

Date of Intended Adoption: January 8, 2008.

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 January 6, 2008.

Assistance for Persons with Disabilities: Contact Clarice Nnanabu by January 6, 2008, 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 K-12 staff/student ratio compliance for the 2007-08 school year and thereafter.

Reasons Supporting Proposal: These revisions will implement the updated special education excess cost accounting methodology provided in the August 17, 2007, addendum to OSPI Bulletin 025-07 and guidance in section 507 (2)(b) of the 2007 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 (5)(a)(i). Additionally, this rule is not a significant legislative rule per RCW 34.05.328 (5)(c)(iii).

November 14, 2007

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1194.1


AMENDATORY SECTION(Amending Order 10, filed 6/1/90, effective 7/2/90)

WAC 392-127-045   FTE basic education certificated instructional employee -- Definition.   As used in this chapter, "full-time equivalent basic education certificated instructional employee" means ((for a basic education certificated instructional employee as defined in WAC 392-121-210)) the full-time equivalent calculated pursuant to WAC 392-121-215 for:

(1) A basic education certificated instructional employee as defined in WAC 392-121-210; and

(2) A special education certificated instructional employee, in program 21, as determined by the following:

(a) The total special education, program 21, certificated instructional staff assigned to grades kindergarten through twelve;

(b) Times the annual percentage used in determination of a district's 3121 revenue -- the special education cost accounting method required pursuant to section 507 (2)(b) of the 2007 supplemental operating budget.

[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), 392-127-045, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending WSR 00-02-064, filed 1/3/00, effective 2/3/00)

WAC 392-127-065   Supplemental FTE staff -- Definition.   As used in this chapter, "supplemental full-time equivalent staff" means the net change in full-time equivalents for basic education certificated instructional employees, as determined in WAC 392-127-045, after October 1 of the school year and not reflected in Report S-275. Supplemental full-time equivalent staff are 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 and not reflected in Report S-275. Decreases include terminations, retirements, unpaid leave, and reassignment of staff.

[Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). 00-02-064, 392-127-065, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), 392-127-065, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending WSR 00-02-064, filed 1/3/00, effective 2/3/00)

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 determined in WAC 392-127-045, 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(2) and 28A.150.200(2). 00-02-064, 392-127-070, filed 1/3/00, effective 2/3/00. 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.]

Washington State Code Reviser's Office