WSR 12-11-019

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 7, 2012, 11:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-06-045.

Title of Rule and Other Identifying Information: Chapter 392-127 WAC, Finance -- Certificated instructional staff ratio (46:1000) compliance.

Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on June 26, 2012, at 10:00 a.m.

Date of Intended Adoption: June 26, 2012.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction (OSPI), P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201, by June 22, 2012.

Assistance for Persons with Disabilities: Contact Wanda Griffin by June 22, 2012, TTY (360) 664-3631 or (360) 725-6270.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions update the calculation of the state-required K-12 certificated instructional staff ratio (46:1000) compliance, pursuant to ESHB 2065, section 10 (2011 legislative session).

Statutory Authority for Adoption: RCW 28A.150.100 and 28A.150.290(1).

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).

May 3, 2012

Randy Dorn

State Superintendent

OTS-4657.1


AMENDATORY SECTION(Amending WSR 08-21-052, filed 10/9/08, effective 11/9/08)

WAC 392-127-015   FTE enrollment -- Definition.   As used in this chapter, "full-time equivalent enrollment" means for the period selected by a school district, the total full-time equivalent students reported by a school district pursuant to WAC 392-121-122 excluding:

(1) Running start and University of Washington transition school students reported under WAC 392-121-122 (3) and (4); and

(2) Students that are being served pursuant to a contract under WAC 392-121-188 with a higher education institution when the staff serving the students are not reported on the school district's S-275 report for the time of instruction.

(3) Students enrolled in alternative learning experience programs reported under RCW 28A.150.325.

[Statutory Authority: RCW 28A.150.290(1). 08-21-052, 392-127-015, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). 00-02-064, 392-127-015, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), 392-127-015, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.150.290 and 28A.150.100(2). 93-21-089 (Order 93-18), 392-127-015, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), 392-127-015, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending WSR 08-04-027, filed 1/29/08, effective 2/29/08)

WAC 392-127-070   Basic education certificated instructional staff ratio -- Definition.   As used in this chapter, "basic education certificated instructional staff ratio" means the following calculation:

(1) Add the full-time equivalent basic education certificated instructional employees, as determined in WAC 392-127-045, as reported on the S-275 and any supplemental full-time equivalent staff reported to the superintendent of public instruction, excluding staff assigned to alternative learning experience programs under RCW 28A.150.325;

(2) Divide the result obtained in subsection (1) of this section by the full-time equivalent enrollment for October or that period selected by the school district; and

(3) Multiply the result obtained in subsection (2) of this section by one thousand.

[Statutory Authority: RCW 28A.150.290(1). 08-04-027, 392-127-070, filed 1/29/08, effective 2/29/08. Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). 00-02-064, 392-127-070, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), 392-127-070, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), 392-127-070, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending WSR 10-13-048, filed 6/9/10, effective 7/10/10)

WAC 392-127-090   School district reporting -- Optional report -- Enrollment changes.   A school district may request that the superintendent of public instruction use a different full-time equivalent enrollment to compute staffing ratios than that reported for October. The school district shall request the use of a different enrollment period prior to completion of audit of data by the state auditor. The school district may select((:

(1) Through the 2010-11 school year, the full-time equivalent enrollment for any one month during the current school year.

(2) For the 2011-12 school year and thereafter,)) the full-time equivalent enrollment for any one month during the current school year when all basic education instructional programs are operating.

[Statutory Authority: RCW 28A.150.290(1). 10-13-048, 392-127-090, filed 6/9/10, effective 7/10/10. Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), 392-127-090, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), 392-127-090, filed 6/1/90, effective 7/2/90.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 392-127-011 Other ratio requirements.

Washington State Code Reviser's Office