2261-S.E AMS ROAC S2949.1

ESHB 2261  - S AMD TO WM COMM AMD (S-2934.1/09)324
     By Senator Roach

OUT OF ORDER 04/16/2009

     On page 7, line 33 of the amendment, after "28A.155.020;" strike "and"

     On page 7, line 34 of the amendment, after "(g)" insert "Programs for highly capable students under RCW 28A.185.010 through 28A.185.030; and
     (h)
"

     On page 13, line 10 of the amendment, after "(8)" insert "The allocations provided under subsections (3) and (4) of this section shall be enhanced to provide additional allocations to support programs for highly capable students under RCW 28A.185.010 through 28A.185.030. The minimum allocation for the programs shall provide an extended school day and extended school year for each level of prototypical school and a per student allocation for maintenance, supplies, and operating costs.
     (9)
"

     Renumber the remaining subsections consecutively and correct any internal references accordingly.

     On page 55, after line 15 of the amendment, insert the following:

"Sec. 706   RCW 28A.185.010 and 1984 c 278 s 12 are each amended to read as follows:
     Pursuant to rules ((and regulations)) adopted by the superintendent of public instruction for the administration of this chapter, the superintendent of public instruction shall carry out a program for highly capable students. Such program may include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, providing statewide staff development, and allocating to school districts ((supplementary funds)) enhanced funding for ((additional costs of)) the district programs, as provided by RCW ((28A.185.020)) 28A.150.260.

Sec. 707   RCW 28A.185.020 and 1990 c 33 s 168 are each amended to read as follows:
     ((Supplementary funds as may be)) (1) The legislature finds that, for highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. There are multiple definitions of highly capable, from intellectual to academic to artistic. The research literature strongly supports using multiple criteria to identify highly capable students, and therefore, the legislature does not intend to prescribe a single method. Instead, the legislature intends to allocate funding not to exceed three percent of any district's full-time equivalent student enrollment and authorize school districts to identify through the use of multiple, objective criteria those students most highly capable and eligible to receive accelerated learning and enhanced instruction in the program offered by the district. Access to accelerated learning and enhanced instruction through the program for highly capable students does not constitute an individual entitlement for any particular student.
     (2) Enhanced funding
provided by the state for ((this program, in accordance with RCW 28A.150.370,)) the program for highly capable students under RCW 28A.150.260 and this section shall be categorical funding ((on an excess cost basis based upon a per student amount not to exceed three percent of any district's full-time equivalent enrollment)) to provide services to highly capable students as determined by a school district under RCW 28A.185.030.

NEW SECTION.  Sec. 708   A new section is added to chapter 28A.185 RCW to read as follows:
     To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for funding for a highly capable program beyond the amounts provided through the highly capable funding formula under RCW 28A.150.260 and 28A.185.020. Safety net funds shall be awarded by the state safety net oversight committee subject to the conditions and limitations in subsections (1) through (4) of this section.
     (1) The committee shall consider additional funds for districts that can convincingly demonstrate that all legitimate expenditures for the highly capable program exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards. In the determination of need, the committee shall require that districts demonstrate that they are maximizing their eligibility for all state and federal revenues related to services for students in the highly capable program.
     (2) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the safety net award process for the highly capable program, including determining the maximum allowable indirect cost for calculating safety net eligibility.
     (3) The superintendent of public instruction shall provide technical assistance to school districts in preparing and submitting safety net applications for highly capable programs.
     (4) The safety net committee for highly capable programs shall be composed of at least the following members:
     (a) One staff member from the office of the superintendent of public instruction;
     (b) Staff of the office of the state auditor, who shall be nonvoting members of the committee; and
     (c) One or more representatives from school districts or educational service districts knowledgeable of highly capable programs and funding."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

ESHB 2261  - S AMD TO WM COMM AMD (S-2934.1/09)
     By Senator Roach

OUT OF ORDER 04/16/2009

     On page 57, line 12 of the title amendment, after "28A.180.080," insert "28A.185.010, 28A.185.020,"

     On page 57, line 17 of the title amendment, after "28A.305 RCW;" insert "adding a new section to chapter 28A.185 RCW;"

EFFECT:  Adds the highly capable program to the definition of Basic Education at the current statutory amount of up to three percent of a district's enrollment.
     Provides a safety net process for districts to access additional funding if the district can demonstrate it has a greater amount of students who qualify for the highly capable program.

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