Effective Date of Rule: Thirty-one days after filing.

     Purpose: These rule revisions update guidance on the administration of the salary bonus for teachers and other certificated staff that hold current certification by the national board for professional teaching standards. These revisions will implement 2SHB 2262, as passed during the 2007 legislative session and codified as RCW 28A.405.415, the 2007-09 state operating budget, SHB 1128, section 513(41), and the state supplemental operating budget, ESHB 2687, section 511(41).

     Citation of Existing Rules Affected by this Order: Amending WAC 392-140-970 through 392-140-974.

     Statutory Authority for Adoption: RCW 28A.150.290(1).

      Adopted under notice filed as WSR 08-12-090 on June 4, 2008.

     Changes Other than Editing from Proposed to Adopted Version:

-	Replaces term "certificated instructional staff" with broader term "certificated staff," and clarifies which employee duty categories are eligible for the bonus.

-	Revises requirements for what constitutes a challenging, high poverty school and eligibility for the additional bonus.

-	Clarifies when the bonus is included as "earnable compensation" for retirement purposes, and inflation increases.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: August 8, 2008.

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1042.3

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-970, filed 7/9/02, effective 8/9/02.]

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-971, filed 7/9/02, effective 8/9/02.]

     (2))), "teachers and other certificated staff" ((means an employee)) includes employees assigned to one of the following duties as defined in the S-275 Personnel Reporting Handbook:

     (((a))) (1) Elementary teacher, duty root 31;

     (((b))) (2) Secondary teacher, duty root 32;

     (((c))) (3) Other teacher, duty root 33;

     (((d) Long-term substitute teacher, duty root 52;

     (e) Contractor teacher, duty root 63; or

     (f) If the district certifies that the employee is assigned teaching responsibilities or serves as a mentor teacher:

     (i))) (4) Other support personnel, duty root 40;

     (((ii))) (5) Library media specialist, duty root 41;

     (((iii))) (6) Counselor, duty root 42; ((or

     (iv))) (7) Occupational therapist, duty root 43;

     (8) Social worker, duty root 44;

     (9) Speech-language pathologist or audiologist, duty root 45;

     (10) Psychologist, duty root 46;

     (11) Nurse, duty root 47;

     (12) Physical therapist, duty root 48;

     (13) Reading resource specialist, duty root 49;

     (14) Long-term substitute teacher, duty root 52;

     (15) Contractor teacher, duty root 63;

     (16) Contractor educational staff associate, duty root 64;

     (17) Elementary principal, duty root 21;

     (18) Elementary vice-principal, duty root 22;

     (19) Secondary principal, duty root 23; or

     (20) Secondary vice-principal, duty root 24; and excludes employees not assigned to the above duties. This excludes employees whose duties consist entirely of the following:

     (21) Superintendent, duty root 11;

     (22) Deputy/assistant superintendent, duty root 12;

     (23) Other district administrator, duty root 13;

     (24) Other school administrator, duty root 25;

     (25) Extracurricular, duty root 51; or

     (26) Classified staff, duty roots 90 through 99.

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-972, filed 7/9/02, effective 8/9/02.]

     (1) Hold current certification by the national board for professional teaching standards; and

     (2) Who are:

     (a) Teachers and other certificated staff employed full time or part time under written contract by Washington public school districts or educational service districts pursuant to RCW 28A.405.210; or

     (b) Teachers and other certificated staff employed full time or part time by a contractor pursuant to WAC 392-121-188 and 392-121-206 (2)(a); or

     (c) Teachers and other certificated staff employed full time or part time by the Washington school for the deaf or Washington school for the blind; or

     (d) Beginning in the 2007-08 school year and thereafter, national board certified teachers who received the bonus as a teacher or other certificated instructional staff in Washington and become public school principals or vice-principals shall continue to receive the bonus for as long as they are principals or vice-principals and maintain the national board certification.

     (3) In addition to bonuses provided by subsection (2) of this section, teachers and other certificated staff shall be eligible for additional bonuses if the employee is in an instructional assignment in challenging, high poverty schools, subject to the following conditions and limitations:

     (a) For the 2007-08 school year, challenging, high poverty schools are schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced-price lunch program is at least 70 percent, as determined by any of the following sources:

     (i) The October 2006 count by the child nutrition section of the office of superintendent of public instruction; or

     (ii) The October 2006 count by the core student records system of the office of superintendent of public instruction.

     (b) For the 2008-09 school year, challenging, high poverty schools are schools eligible by either:

     (i) Subsection (3)(a) of this section; or

     (ii) Schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:

     (A) 70 percent for elementary schools;

     (B) 60 percent for middle schools; or

     (C) 50 percent for high schools; as determined by any of the following sources:

     (D) The October 2007 count by the child nutrition section of the office of superintendent of public instruction; or

     (E) The October 2007 count by the core student records system of the office of superintendent of public instruction. For purposes of the national board challenging, high poverty schools bonus, a building shall be categorized based upon the highest grades served as follows:

     (I) A building whose highest grade served is 6th grade or lower shall be considered an elementary school;

     (II) A building whose highest grade served is either 7th, 8th, or 9th grade shall be considered a middle school; and

     (III) A building whose highest grade served is either 10th, 11th, or 12th grade shall be considered a high school; provided, that, a building shall not be considered unless it serves greater than 20 students as of the October 2006 count, and greater than 30 students as of the October 2007 count, or is the largest building in the district serving its designated category.

     (c) For the 2009-10 school year and thereafter, challenging, high poverty schools are schools where, for either of the two prior years, the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:

     (i) 70 percent for elementary schools;

     (ii) 60 percent for middle schools; or

     (iii) 50 percent for high schools; as determined by the October count of the core student records system of the office of superintendent of public instruction.

     (d) Teachers and other certificated staff that meet the qualifications for additional bonuses under this subsection who are assigned for less than one full school year or less than full time for the school year shall receive the additional bonuses in a prorated manner, subject to the following conditions and limitations:

     (i) The portion of the employee's assignment to challenging, high poverty schools shall be determined as of either October 1 of the current school year or the employee's employment contract date for the current school year.

     (ii) If the employee's assignment to challenging, high poverty schools is less than 1.0 full-time equivalent, the proration shall use the methodology in WAC 392-121-212 and shall be rounded to three decimal places.

     (e) Principals and vice-principals shall not be eligible for additional bonuses that are based on instructional assignments in challenging, high poverty schools.

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-973, filed 7/9/02, effective 8/9/02.]

     (2) Districts shall document each ((teacher's)) employee's eligibility by maintaining on file for audit a copy of the ((teacher's)) employee's national board certification notice and((, if the teacher is not shown on Report S-275,)) evidence of employment and duties assigned. For employees eligible for additional bonuses pursuant to WAC 392-140-973(3), districts shall also document the employee's instructional assignments in challenging, high poverty schools.

     (3) ((Report forms)) Requests received by the superintendent of public instruction by the 15th of the month shall be paid in that month's apportionment and displayed on Report 1197, in revenue account 4158.

     (4) For each candidate, the superintendent of public instruction shall send the district the amount of the salary bonus set in the operating appropriations act plus an amount for the district's (employer) portion of ((social security benefits)) mandatory fringe benefits. The amount of the annual bonus in WAC 392-140-973(2) shall be five thousand dollars in the 2007-08 school year. Thereafter, the annual bonus shall increase by inflation. The amount of the additional bonus in WAC 392-140-973(3) shall be five thousand dollars in the 2007-08 school year. Thereafter, the additional bonus shall not increase by inflation.

     (5) The district shall pay the bonus to the employee in a lump sum amount on a supplemental contract pursuant to RCW 28A.400.200.

     (6) The salary bonus is excluded from the definition of "earnable compensation" under RCW 41.32.010(10) teachers' retirement through the 2007-08 school year. Beginning in the 2008-09 school year and thereafter, the salary bonus is included in the definition of "earnable compensation."

[Statutory Authority: RCW 28A.150.290(1) and section 513(11) of ESSB 5404 (the 2003-05 state operating budget). 03-21-100, § 392-140-974, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-974, filed 7/9/02, effective 8/9/02.]

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