Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The office of superintendent of public instruction (OSPI) is considering rule making to allow schools that participate in the National School Breakfast and Lunch Program's Provision 2 meal service option and have historically been challenging high-poverty schools (challenging schools) for purposes of the National Board Certified Teaches [Teachers] (NBCT) bonus to continue to qualify as challenging schools for the duration of their Provision 2 eligibility. Provision 2 is a federal nonpricing meal service option for schools in low-income areas that allows high poverty schools to serve breakfast and lunch at no cost to all of their enrolled students. Provision 2 schools do not need to collect household applications to determine students' school meal program eligibility. Instead, it allows schools to establish claiming percentages and to serve all meals at no charge for a four year period. WAC 392-140-973 provides that NBCT certificated instructional staff who work in challenging schools are eligible for a salary bonus. Challenging schools are defined as schools that meet a minimum threshold based on prior year headcount enrollment of students eligible for free of [or] reduced price meals [lunch] (FRPL). Because Provision 2 schools are not required to collect household applications, OSPI has not been able to consistently determine under the current rule whether high-poverty schools that were historically classified as challenging schools meet the FRPL headcount enrollment threshold for purposes of NBCT bonus eligibility. Requiring the use of prior year data to determine FRPL headcount enrollment eligibility will cause individual teachers in some historically challenging Provision 2 schools to lose the challenging schools.