[Filed October 24, 2018, 8:36 a.m.]

Preproposal statement of inquiry was filed as WSR 18-17-183.

Title of Rule and Other Identifying Information: WAC 392-140-973 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Eligibility.

Hearing Location(s): On November 27, 2018, at 10:00 a.m., at the Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 South Washington Street, Olympia, WA 98501. Those planning to comment during the hearing should arrive by 10:00 a.m.

Date of Intended Adoption: November 30, 2018.

Submit Written Comments to: Steven Mueller, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, email steven.mueller@k12.wa.us, fax 360-753-4201, by November 27, 2018.

Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-753-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by November 20, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is proposing amending WAC 392-140-973 to allow schools that participate in the school breakfast and national school lunch program's community eligibility provision (CEP) meal service option and have historically been challenging high-poverty schools (challenging schools) for purposes of the national board certified teacher (NBCT) bonus to continue to qualify as challenging schools for the duration of their CEP eligibility.

Reasons Supporting Proposal: The proposed WAC amendment impacts NBCTs who receive the national board challenging schools bonus in schools participating in the CEP grant. This rule change will allow fair and equal distribution of the NBCT bonus to those working in high poverty/low-income schools. For the purpose of the national board challenging school bonus, the minimum threshold percentage of students eligible for free and reduced priced lunch (FRLP) is seventy percent for elementary schools, sixty percent for middle schools, and fifty percent for high schools, as reported in CEDARS. Traditionally, data in CEDARS is reported via Free and Reduced Price Meal Applications that are collected by the district from families. CEP schools do not need to identify individual families for determining eligibility for free or reduced price meals, and consequently not all families complete the family income survey in place of meal applications. Fewer family income surveys being collected may result in CEDARS data that shows a decrease in the FRLP rate, and schools may no longer meet the challenging school FRLP. Therefore, NBCTs working in these schools are no longer eligible to receive the challenging school bonus. The amendment to this WAC proposes that OSPI have the option to use historical data for CEP schools going back two years prior to CEP participation. If the school met challenging school eligibility in either of the two years prior to CEP, it will be considered as such for this current year. While OSPI puts this rule in place, OSPI staff will engage with stakeholders both internally and externally for a broader communication plan about this issue. Challenging schools bonus is intended to attract and retain the state's most qualified teachers in the districts that may need them most.

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 Agency Personnel Responsible for Drafting: Steven Mueller, OSPI, 600 Washington Street, P.O. Box 47200, Olympia, WA 98504, 360-725-6119; Implementation: T. J. Kelly, OSPI, P.O. Box 47200, Olympia, WA 98504, 360-725-6301; and Enforcement: Lisa Dawn-Fisher, OSPI, P.O. Box 47200, Olympia, WA 98504, 360-725-6292.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.030.

Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).

State Superintendent

of Public Instruction

AMENDATORY SECTION(Amending WSR 18-14-103, filed 7/3/18, effective 8/3/18)

WAC 392-140-973Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Eligibility.

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;

(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);

(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; or

(d) Teachers and other certificated instructional staff employed full time or part time by a charter school.

(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 in an instructional assignment in challenging, high poverty schools, subject to the following conditions and limitations:

(a) 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 1st 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 March 31st of that prior year: Provided, That schools operating during the current school year as their first year may qualify as challenging, high poverty schools based upon current year data, as determined by the October 1st count on March 31st of the current year.

(b) For purposes of the national board challenging, high poverty schools bonus, a school shall be categorized based upon the highest grade 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 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 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.

(g) A school participating in the community eligibility provision as authorized by section 11 (a)(1) of the Richard B. Russell National School Lunch Act may be designated as a challenging, high poverty school if the school was a challenging, high poverty school based on the student headcount enrollment eligible for the federal free or reduced price lunch program in either of the two school years immediately prior to the school's participation in the community eligibility provision.