WSR 09-09-007




[ Filed April 2, 2009, 11:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-23-032.

Title of Rule and Other Identifying Information: WAC 392-121-250 Finance -- General Apportionment -- Certificated instructional staff.

Hearing Location(s): Old Capital Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on May 27, 2009, at 9:00 a.m.

Date of Intended Adoption: May 28, 2009.

Submit Written Comments to: Legal Services, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 753-4201, by May 26, 2009.

Assistance for Persons with Disabilities: Contact Clarice Nnanubu by May 26, 2009, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions clarify the definition of "nondegreed" to provide a clearer standard/criteria of what constitutes a nondegreed vocational/career and technical education instructional employee, beginning in the 2008-09 school year and thereafter.

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).

April 2, 2009

Randy I. Dorn

Superintendent of

Public Instruction


AMENDATORY SECTION(Amending WSR 08-08-033, filed 3/25/08, effective 4/25/08)

WAC 392-121-250   Definition -- Highest degree level.   As used in this chapter, the term "highest degree level" means:

(1) The highest degree earned by the employee from a regionally accredited institution of higher education;

(2) "Nondegreed" for a certificated instructional employee who holds no bachelor's or higher level degree; or

(3) "Nondegreed" for a certificated instructional employee who holds a valid vocational/career and technical education certificate ((acquired as the result of industrial experience rather than college training pursuant to WAC 181-77-041)): Provided, That the employee has obtained no other past or present education certificate or permit in which a degree is required pursuant to chapter 181-79A WAC.

[Statutory Authority: RCW 28A.150.290(1). 08-08-033, 392-121-250, filed 3/25/08, effective 4/25/08; 06-19-045, 392-121-250, filed 9/15/06, effective 10/16/06. Statutory Authority: RCW 28A.150.290, 28A.150.400 and the Biennial Operating Appropriations Act. 94-01-190, 392-121-250, filed 12/22/93, effective 1/22/94. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-250, filed 1/11/88.]

Washington State Code Reviser's Office