SUPERINTENDENT OF

PUBLIC INSTRUCTION

The provisions of WAC 392-140-970 through 392-140-975 govern administration of the salary bonus for teachers and other certificated instructional staff who hold current certification by the national board for professional teaching standards. The authority for WAC 392-140-970 through 392-140-975 is the state Biennial Operating Appropriations Act, RCW 28A.405.415, and 28A.150.290(1).

These rules determine eligibility for state funding and establish guidelines for the administration of the bonus.

As used in this chapter, "teachers and other certificated instructional staff" that are eligible for the national board bonus includes ((employees)) staff assigned to one of the following duties as defined in the S-275 Personnel Reporting Handbook:

(1) Elementary teacher, duty root 31;

(2) Secondary teacher, duty root 32;

(3) Other teacher, duty root 33;

(4) Other support personnel, duty root 40;

(5) Library media specialist, duty root 41;

(6) Counselor, duty root 42;

(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; and excludes ((employees)) staff not assigned to the above duties. This excludes ((employees)) staff whose duties consist entirely of the following:

(17) Superintendent, duty root 11;

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

(19) Other district administrator, duty root 13;

(20) Elementary principal, duty root 21;

(21) Elementary principal, duty root 22;

(22) Secondary principal, duty root 23;

(23) Secondary vice-principal, duty root 24;

(24) Other school administrator, duty root 25;

(25) Extracurricular, duty root 51; ((or))

(26) Certificated on leave, duty root 61; or

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

((Candidates who)) Staff that 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 during the entire school year, unless otherwise specified in the state Biennial Operating Appropriations Act; and

(2) Who are:

(a) Teachers and other certificated instructional 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 instructional 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 instructional 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 instructional 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 2011-12 school year and thereafter,)) 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 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 1 count of the comprehensive education data and research system (CEDARS) or successor data collection and reporting systems, of the office of superintendent of public instruction, on May 1st of that prior year.

(b) For purposes of the national board challenging, high poverty schools bonus, a school shall be categorized based upon the highest grade((s)) 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 instructional staff that meet the qualifications for ((additional bonuses)) the challenging, high poverty schools bonus 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)) challenging, high poverty schools bonus 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 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.

(1) School districts that employ teachers and other certificated instructional staff eligible for the salary bonus shall report those employees to the office of superintendent of public instruction by submitting for each employee the required data as determined by the superintendent of public instruction.

(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)) the challenging, high poverty schools bonus 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 must be submitted to the superintendent of public instruction by June 15th of the school year and shall be paid in 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)) challenging, high poverty schools bonus in WAC 392-140-973(3) shall be five thousand dollars in the 2007-08 school year. Thereafter, the ((additional)) challenging, high poverty schools 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 no later than August 31st of the school year.

(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((.))" under RCW 41.32.010(10).

A school district may request that the superintendent of public instruction review and adjust data and calculations used to determine funding for the salary bonus for teachers and other certificated instructional staff who hold current certification by the national board for professional teaching standards pursuant to this chapter and instructions issued by the superintendent of public instruction. Requests to review and adjust data shall be considered only for those districts wishing to appeal a school's eligibility designation for the challenging, high poverty schools bonus pursuant to WAC 392-140-973(3).

Requests to review and adjust data shall be considered only if the district shows that the data or calculations are in error, or other bona fide adjustments are necessary.