Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-11-126.

     Title of Rule and Other Identifying Information: WAC 392-140-950 through 293-140-967 [392-140-962], Finance -- Special allocations -- Learning improvement days.

     Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on August 25, 2009, at 9:00 a.m.

     Date of Intended Adoption: August 26, 2009.

     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 August 24, 2009.

     Assistance for Persons with Disabilities: Contact Clarice Nnanubu by August 24, 2009, TTY (360) 664-3631 or (360) 725-6271.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment reduces the number of state-funded learning improvement days from two to one for the 2009-10 school year and thereafter, pursuant to section 503(7) of the 2009-11 state Biennial Operating Appropriations Act, ESHB 1244. A "housekeeping" update adds program 34, middle school career and technical education-state, to the programs where funding for learning improvement days applies.

     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 8, 2009

Randy I. Dorn

Superintendent of

Public Instruction

OTS-2457.1

AMENDATORY SECTION(Amending WSR 02-20-063, filed 9/27/02, effective 10/28/02)

WAC 392-140-950   Learning improvement days--Applicable provisions.   The provisions of WAC 392-140-950 through 392-140-967 govern state funding for ((up to three)) learning improvement days for certificated instructional staff ((in the 2001-02 school year and up to two days in the 2002-03 school year and thereafter)). The authority for WAC 392-140-950 through 392-140-967 is the state Biennial Operating Appropriations Act and RCW 28A.150.290(1).

[Statutory Authority: RCW 28A.150.290(1) and section 503(7) of the 2001-03 state budget and 2002 supplemental budget. 02-20-063, § 392-140-950, filed 9/27/02, effective 10/28/02. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-950, filed 9/28/99, effective 9/29/99.]

     (1) "Certificated instructional staff" means district certificated instructional employees and contractor certificated instructional employees as defined in WAC 392-121-205 and 392-121-206.

     (2) "Base contract" means a contract protected by the continuing contract law, RCW 28A.405.300. The base contract does not include hours or compensation provided under a supplemental contract as defined in RCW 28A.400.200.

     (3) "Number of days in the base contract" means the number of full work days in the school year for a full-time certificated instructional employee holding the position for the full school year. Days include paid leave. The number of hours in a full work day is determined by each school district. Days scheduled before September 1 can be counted in the school year if included and compensated in the base contract for the school year beginning September 1.

     (4) "Selected state-funded programs" means the following programs as defined in the Accounting Manual for Public School Districts in the State of Washington:

     01 Basic Education

     21 Special Education-Supplemental-State

     31 Vocational-Basic-State

     34 Middle School Career and Technical Education-State

     45 Skills Center-Basic-State

     55 Learning Assistance Program-State

     65 Transitional Bilingual-State

     74 Highly Capable

     97 District-wide Support

     (5) "State institutional education programs" means the following programs:

     26 Special Education-Institutions-State

     56 State Institutions, Centers, and Homes-Delinquent

[Statutory Authority: RCW 28A.150,290 [28A.150.290], 28A.505.140. 01-08-048, § 392-140-956, filed 3/30/01, effective 4/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-956, filed 9/28/99, effective 9/29/99.]

     (1) In September through December of each school year, the superintendent will use the number of learning improvement days budgeted by the district and reported on Form F-203.

     (2) Monthly, beginning in January of the school year, using current personnel data reported on the S-275 Personnel Report:

     (a) Select all certificated instructional staff with assignments in the programs.

     (b) For each employee, subtract one hundred eighty days from the number of days reported in the base contract.

     (c)(i) For the 2001-02 school year, take the lesser of three days or the result of (b) of this subsection but not less than zero.

     (ii) For the 2002-03 through 2008-09 school years ((and thereafter)), take the lesser of two days or the result of (b) of this subsection but not less than zero.

     (iii) For the 2009-10 school year and thereafter, take the lesser of one day or the result of (b) of this subsection but not less than zero.

     (d) Sum the number of days determined for all employees pursuant to (b) and (c) of this subsection.

     (e) Divide the result of (d) of this subsection by the number of employees and round to two decimal places.

     (f) The result is the number of funded learning improvement days for the district.

     (3) After the close of the school year, the superintendent shall fund the lesser of:

     (a) The number of days determined pursuant to subsection (2) of this section; or

     (b) The number of days reported by the district pursuant to WAC 392-140-967.

[Statutory Authority: RCW 28A.150.290(1) and section 503(7) of the 2001-03 state budget and 2002 supplemental budget. 02-20-063, § 392-140-961, filed 9/27/02, effective 10/28/02. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-961, filed 9/28/99, effective 9/29/99.]

     (1) For general apportionment, the derived base salary allocation for learning improvement days as shown on LEAP Document ((12E)) 2 shall be reduced pro rata for any district with less than three learning improvement days in the 2001-02 school year, or less than two learning improvement days in the 2002-03 through 2008-09 school years, or less than one learning improvement day in the 2009-10 school year and thereafter in selected state-funded programs.

     (2) Special education allocations shall be adjusted based on adjustments to the unenhanced basic education allocation per full-time equivalent student.

     (3) For transitional bilingual, highly capable, and learning assistance program allocations, the additional state allocation per pupil for three learning improvement days in the 2001-02 school year ((and)), for two learning improvement days in the 2002-03 through 2008-09 school years, and for one learning improvement day in the 2009-10 school year and thereafter as calculated by the superintendent shall be reduced pro rata for any district with fewer learning improvement days in selected state-funded programs.

     (4) For state institutional education programs the salary allocation for three learning improvement days in the 2001-02 school year ((and)), for two learning improvement days in the 2002-03 through 2008-09 school years, and for one learning improvement day in the 2009-10 school year and thereafter as calculated by the superintendent shall be reduced pro rata for any district with fewer learning improvement days in state institutional education programs. Educational service districts or contractors operating state-funded institutional education programs shall be eligible for learning improvement day funding in the same manner as school districts.

     (5) Allocations for learning improvement days are subject to adjustment or recovery based on findings of the Washington state auditor and chapters 392-115 and 392-117 WAC.

[Statutory Authority: RCW 28A.150.290(1) and section 503(7) of the 2001-03 state budget and 2002 supplemental budget. 02-20-063, § 392-140-962, filed 9/27/02, effective 10/28/02. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-962, filed 9/28/99, effective 9/29/99.]

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