WSR 16-13-139

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed June 22, 2016, 8:32 a.m.]

Title of Rule and Other Identifying Information: WAC 392-139-310 Determination of excess levy base.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Melissa Jarmon, Office of the Superintendent of Public Instruction (OSPI), P.O. Box 47200, Olympia, WA 98504-7200, AND RECEIVED BY August 22, 2016.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Subsection (9) of WAC 392-139-310 currently provides that school districts must include state and federal allocations received by an approved public charter school in the levy base of the school district in which the charter school is located when the charter school is eligible to receive levy moneys from that levy. This proposed rule would eliminate subsection (9).

Reasons Supporting Proposal: Prior to the passage of E2SSB 6194 (2016), state law required that charter schools must be included in school district levy planning, budgets, and funding distribution. Subsection 122(5) of E2SSB 6194 repealed that provision. Because the statute on which WAC 392-139-310(9) is based has been repealed and has not been replaced by another statute providing statutory authority for the rule, subsection (9) must be stricken.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: RCW 28A.150.290.

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

Name of Agency Personnel Responsible for Drafting: Melissa Jarmon, OSPI, (360) 725-6307; Implementation: T. J. Kelly, OSPI, (360) 725-6301; and Enforcement: Ken Kanikeberg, OSPI, (360) 725-6114.

June 21, 2016

Randy Dorn

Superintendent of

Public Instruction

AMENDATORY SECTION (Amending WSR 14-17-009, filed 8/7/14, effective 9/7/14)

WAC 392-139-310 Determination of excess levy base.

The superintendent of public instruction shall calculate each school district's excess levy base as provided in this section.

(1) Sum the following state and federal allocations from the prior school year(s) as determined in subsections (4) and (5) of this section:

(a) The basic education allocation as defined in WAC 392-139-115 and as reported on the August Report 1191;

(b) The state and federal categorical allocations for the following:

(i) Pupil transportation. Allocations for pupil transportation include allocations for the following accounts:

4199 Transportation - Operations;

4399 Transportation - Operations;

4499 Transportation - Depreciation;

6199 Transportation - Operations;

6299 Transportation - Operations; and

6399 Transportation - Operations.

(ii) Special education. Allocations for special education include allocations for the following accounts:

4121 Special education;

4122 Special education - Infants and toddlers - State;

4321 Special education;

4322 Special education - Infants and toddlers - State;

6114 Federal Stimulus - IDEA;

6124 Special education supplemental;

6125 Special education - Infants and toddlers - Federal;

6214 Federal Stimulus - IDEA;

6224 Special education supplemental;

6225 Special education - Infants and toddlers - Federal;

6314 Federal Stimulus - IDEA;

6324 Special education supplemental; and

6325 Special education - Infants and toddlers - Federal.

(iii) Education of highly capable students. Allocations for education of highly capable students include allocations identified by account 4174 Highly capable.

(iv) Compensatory education. Allocations for compensatory education include allocations identified by the following accounts:

3100 Barrier reduction;

4155 Learning assistance;

4165 Transitional bilingual;

4365 Transitional bilingual;

6111 Federal Stimulus - Title 1;

6151 Disadvantaged;

6153 Migrant;

6164 Limited English proficiency;

6211 Federal Stimulus - Title 1;

6251 Disadvantaged;

6253 Migrant;

6264 Limited English proficiency;

6267 Indian education - JOB;

6268 Indian education - ED;

6311 Federal Stimulus - Title 1;

6351 Disadvantaged;

6353 Migrant;

6364 Limited English proficiency;

6367 Indian education - JOM; and

6368 Indian education - ED.

(v) Food services. Allocations for food services include allocations identified by the following accounts:

4198 School food services (state);

4398 School food services;

6198 School food services (federal);

6298 School food services;

6398 School food services; and

6998 USDA commodities.

(vi) Statewide block grant programs. Allocations for statewide block grant programs include allocations identified by the following accounts:

6113 Federal Stimulus - State Fiscal Stabilization Fund;

6176 Targeted assistance;

6213 Federal Stimulus - State Fiscal Stabilization Fund;

6276 Targeted assistance;

6313 Federal Stimulus - State Fiscal Stabilization Fund; and

6376 Targeted assistance.

5200 General purpose direct federal grants - Unassigned;

6100 Special purpose - OSPI - Unassigned;

6112 Federal Stimulus - School Improvement;

6118 Federal Stimulus - Competitive Grants;

6119 Federal Stimulus - Other;

6121 Special education - Medicaid reimbursement;

6138 Secondary vocational education;

6146 Skills center;

6152 School improvement;

6154 Reading first;

6162 Math and science - Professional development;

6200 Direct special purpose grants;

6212 Federal Stimulus - School Improvement;

6218 Federal Stimulus - Competitive Grants;

6219 Federal Stimulus - Other;

6221 Special education - Medicaid reimbursement;

6238 Secondary vocational education;

6246 Skills center;

6252 School improvement;

6254 Reading first;

6262 Math and science - Professional development;

6300 Federal grants through other agencies - Unassigned;

6310 Medicaid administrative match;

6312 Federal Stimulus - School Improvement;

6318 Federal Stimulus - Competitive Grants;

6319 Federal Stimulus - Other;

6321 Special education - Medicaid reimbursement;

6338 Secondary vocational education;

6346 Skills center;

6352 School improvement;

6354 Reading first; and

6362 Math and science - Professional development.

(2) Increase the result obtained in subsection (1) of this section by the percentage increase per full-time equivalent student in the state basic education appropriation between the prior school year and the current school year as stated in the state Operating Appropriations Act divided by 0.55.

(3) Revenue accounts referenced in this section are defined in the accounting manual for public school districts in the state of Washington.

(4) The dollar amount of revenues for state and federal categorical allocations identified in this section shall come from the following sources:

(a) The following state and federal categorical allocations are taken from the Report 1197 Column A (Annual Allotment Due):

3100 Barrier reduction;

4121 Special education;

4122 Special education - Infants and toddlers - State;

4155 Learning assistance;

4165 Transitional bilingual;

4174 Highly capable;

4198 School food services (state);

4199 Transportation - Operations;

4499 Transportation - Depreciation;

6111 Federal Stimulus - Title 1;

6112 Federal Stimulus - School Improvement;

6113 Federal Stimulus - State Fiscal Stabilization Fund;

6114 Federal Stimulus - IDEA, one-half the August 2010 amount will be used in the 2011 calculation, and one-half in the 2012;

6118 Federal Stimulus - Competitive Grants;

6119 Federal Stimulus - Other;

6121 Special education - Medicaid reimbursements;

6124 Special education - Supplemental; however, for the federal safety net portion, the amount awarded rather than the amount included on report 1197 will be used;

6125 Special education - Infants and toddlers - Federal;

6138 Secondary vocational education;

6146 Skills center;

6151 Disadvantaged;

6152 School improvement;

6153 Migrant;

6154 Reading first;

6162 Math and science - Professional development;

6164 Limited English proficiency;

6176 Targeted assistance;

6198 School food services (federal); and

6199 Transportation - Operations.

(b) For the 2004 calendar year, the following state and federal allocations are taken from the F-195 budget including budget extensions.

For the 2005 calendar year and thereafter, the following federal allocations shall be taken from the school district's second prior year F-196 annual financial report:

4321 Special education;

4322 Special education - Infants and toddlers - State;

4365 Transitional bilingual;

4398 School food services;

4399 Transportation - Operations;

5200 General purpose direct federal grants - Unassigned;

6100 Special purpose - OSPI - Unassigned;

6200 Direct special purpose grants;

6211 Federal Stimulus - Title 1;

6212 Federal Stimulus - School Improvement;

6213 Federal Stimulus - State Fiscal Stabilization Fund;

6214 Federal Stimulus - IDEA;

6218 Federal Stimulus - Competitive Grants;

6219 Federal Stimulus - Other;

6221 Special education - Medicaid reimbursement;

6224 Special education supplemental;

6225 Special education - Infants and toddlers - Federal;

6238 Secondary vocational education;

6246 Skills center;

6251 Disadvantaged;

6252 School improvement;

6253 Migrant;

6254 Reading first;

6262 Math and science - Professional development;

6264 Limited English proficiency;

6267 Indian education - JOM;

6268 Indian education - ED;

6276 Targeted assistance;

6298 School food services;

6299 Transportation - Operations;

6300 Federal grants through other agencies - Unassigned;

6310 Medicaid administrative match;

6311 Federal Stimulus - Title 1;

6312 Federal Stimulus - School Improvement;

6313 Federal Stimulus - State Fiscal Stabilization Fund;

6314 Federal Stimulus - IDEA;

6318 Federal Stimulus - Competitive Grants;

6319 Federal Stimulus - Other;

6321 Special education - Medicaid reimbursement;

6324 Special education supplemental;

6325 Special education - Infants and toddlers - Federal;

6338 Secondary vocational education;

6346 Skills center;

6351 Disadvantaged;

6352 School improvement;

6353 Migrant;

6354 Reading first;

6362 Math and science - Professional development;

6364 Limited English proficiency;

6367 Indian education - JOM;

6368 Indian education - ED;

6376 Targeted assistance;

6398 School food services;

6399 Transportation - Operations; and

6998 USDA commodities.

(5) Effective for levy authority and local effort assistance calculations for the 2005 calendar year and thereafter:

(a) District revenues determined in subsection (4) of this section shall be reduced for revenues received as a fiscal agent. School districts shall report fiscal agent revenues pursuant to instructions provided by the superintendent of public instruction.

(b) The amount determined in subsection (4)(b) of this section, after adjustment for fiscal agent moneys, shall be inflated for one year using the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelve-month period by the Bureau of Economic Analysis of the Federal Department of Commerce.

(6) State and federal moneys generated by a school district's students and redirected by the superintendent of public instruction to an educational service district at the request of the school district shall be included in the district's levy base.

(7) State basic education moneys generated by a school district's students and allocated directly to a technical college shall be included in the district's levy base.

(8) Funding which the district would have received calculated pursuant to RCW 84.52.0531 shall be included in the district's levy base.

(((9) Allocations referenced above received by a charter school shall be included in the school district's levy base for the calendar year for which levy authority is being calculated only if the charter school is eligible to receive levy moneys from that levy.))