Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-13-102.

     Title of Rule and Other Identifying Information: WAC 392-140-970 through 392-140-975, Finance -- Special allocations -- Salary bonus for teachers and other certificated staff who hold current certification by the national board.

     Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 Washington Street, Olympia, WA 98504, on October 11, 2011, at 10:00 a.m.

     Date of Intended Adoption: October 11, 2011.

     Submit Written Comments to: Ross Bunda, P.O. Box 47200, Olympia, WA 98504-7200, e-mail ross.bunda@k12.wa.us, fax (360) 753-4201, by October 10, 2011.

     Assistance for Persons with Disabilities: Contact Wanda Griffin by October 9, 2011, TTY (360) 664-3631 or (360) 725-6132.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Pursuant to section 513(5) of the 2011-13 State Operating Appropriations Act, E2SHB 1087, these revisions to the national board bonus program:

     - Reduce a school's eligibility to be designated a challenging, high poverty school, and thus making that school's national board teachers eligible for the challenging, high poverty school bonus, from the current two years to one year only;

     - Pay all bonuses for the 2011-12 school year in July 2012, and similarly for subsequent school years;

     - Reduce all bonuses by a factor of forty percent for first year national board certified teachers, to reflect the portion of the instructional school year they are certified.

     Statutory Authority for Adoption: RCW 28A.150.290(1) and 28A.405.415.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [OSPI], governmental.

     Name of Agency Personnel Responsible for Drafting: Ross Bunda, OSPI, (360) 725-6308; Implementation: JoLynn Berge, OSPI, (360) 725-6301; and Enforcement: Shawn Lewis, OSPI, (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. OSPI 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).

August 8, 2011

Randy Dorn

State Superintendent

OTS-4102.1

AMENDATORY SECTION(Amending WSR 11-02-054, filed 1/3/11, effective 2/3/11)

WAC 392-140-973   Salary bonus for teachers and other certificated staff who hold current certification by the national board -- Eligibility.   Candidates who are eligible for the bonus shall be limited to those meeting the following requirements:

     (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.

     (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 ((2009-10)) 2011-12 school year and thereafter, challenging, high poverty schools are schools ((eligible by either:

     (i) Eligibility in the prior year; 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))) (i) 70 percent for elementary schools;

     (((B))) (ii) 60 percent for middle schools; or

     (((C))) (iii) 50 percent for high schools; as determined by the October 1 count of ((the core student records system or successor data collection and reporting systems, such as)) the comprehensive education data and research system (CEDARS) or successor data collection and reporting systems, of the office of superintendent of public instruction.

     (b) For purposes of the national board challenging, high poverty schools bonus, a school shall be categorized based upon the highest grades served as follows:

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

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

     (iii) A school whose highest grade served is either 10th, 11th, or 12th grade shall be considered a high school.

     (c) A school shall be considered only if it serves thirty or more students, or is the largest school in the district serving its designated category.

     (d) Schools that provide institutional education programs pursuant to WAC 392-122-205 shall be designated as challenging((;)), high poverty schools with the student headcount enrollment eligible for the federal free or reduced price lunch program at one hundred percent and shall not be subject to the requirement in this subsection of serving thirty or more students.

     (e) The student enrollment data used shall include the state-funded students in kindergarten through twelfth grade, plus prekindergarten students in special education.

     (f) 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)) June 15th of the 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.

[Statutory Authority: RCW 28A.150.290(1). 11-02-054, § 392-140-973, filed 1/3/11, effective 2/3/11; 10-12-020, § 392-140-973, filed 5/21/10, effective 6/21/10; 09-07-043, § 392-140-973, filed 3/11/09, effective 4/11/09; 08-17-013, § 392-140-973, filed 8/8/08, effective 9/8/08. 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 employee's eligibility by maintaining on file for audit a copy of the employee's national board certification notice and 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) Beginning in the 2011-12 school year, all requests ((received by)) must be submitted to the superintendent of public instruction by ((the)) June 15th of the ((month)) school year and shall be paid in ((that month's)) the July apportionment and displayed on Report 1197, in revenue account 4158. Bonuses in WAC 392-140-973 shall be reduced by a factor of 40 percent for first year National Board for Professional Teaching Standards (NBPTS) certified teachers, to reflect the portion of the instructional school year they are certified.

     (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 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). 08-17-013, § 392-140-974, filed 8/8/08, effective 9/8/08. 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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