PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-19-090.
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 January 7, 2008, at 9:30 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 funded K-4 staff/student ratio 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-1195.1
AMENDATORY SECTION(Amending WSR 05-17-179, filed 8/23/05,
effective 9/23/05)
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.
(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; and
(e) Special education, program 21, as determined by the following:
(i) The total special education, program 21, certificated instructional staff assigned to grades kindergarten through four;
(ii) 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.
(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) "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.
(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.
(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 (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 (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.
(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(1) and 2004 c 276 § 502 (2)(a). 05-17-179, § 392-140-903, filed 8/23/05, effective 9/23/05. 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.
(2) Optional Form SPI 1158. School districts may use
this form to report net changes in K-4 ((basic education))
certificated instructional staff in basic or special education
or in K-4 basic education classified instructional assistants
after October 1 determined as follows:
(a) Determine the base contract K-4 ((basic education))
FTE in basic or special education 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 in basic or special
education as of October 1 actually reported for the employee
on the school district's most current Report S-275.
(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.
(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(1) and 2004 c 276 § 502 (2)(a). 05-17-179, § 392-140-904, filed 8/23/05, effective 9/23/05. 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) Add FTE K-4 ((basic education)) certificated
instructional ((employees)) staff in basic or special
education from Report S-275 and any net change in FTE K-4
((basic education)) certificated instructional staff in basic
or special education reported on Form SPI 1158 pursuant to WAC 392-140-903;
(2) Divide the result of subsection (1) of this section by FTE K-4 basic education enrollment; and
(3) Multiply the result obtained in subsection (2) of this section by 1000.
[Statutory Authority: RCW 28A.150.290(2) and 2001 2nd sp.s. c 7 § 502 (2)(a)(v). 02-09-024, § 392-140-910, 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, § 392-140-910, filed 1/3/00, effective 2/3/00.]