BILL REQ. #:  S-4557.2 



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SUBSTITUTE SENATE BILL 6760
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State of Washington61st Legislature2010 Regular Session

By Senate Early Learning & K-12 Education (originally sponsored by Senators Oemig, Gordon, McDermott, McAuliffe, Tom, Kauffman, Fairley, Ranker, Hargrove, Kline, Murray, Eide, Franklin, Hobbs, and Shin)

READ FIRST TIME 02/04/10.   



     AN ACT Relating to the basic education instructional allocation distribution formula; amending RCW 28A.150.260 and 28A.150.390; amending 2009 c 548 s 804 (uncodified); creating new sections; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature intends to continue to refine and provide greater detail to the distribution formula for the basic education instructional allocation, which shall be based on minimum staffing and nonstaff costs that the legislature deems necessary to support instruction and operations in prototypical schools as defined by the legislature. The legislature expects that the detailed prototype school model will bring greater transparency, understanding, and public accountability to the funding system because it displays funding assumptions in understandable terms centered on the operations of school buildings.

Sec. 2   RCW 28A.150.260 and 2009 c 548 s 106 are each amended to read as follows:
     The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:
     (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district.
     (2) The distribution formula under this section shall be for allocation purposes only. Except as may be required under chapter 28A.155, 28A.165, 28A.180, or ((28A.155)) 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.
     (3)(a) To the extent the technical details of the formula have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.
     (b) For the purposes of this section, prototypical schools are defined as follows:
     (i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;
     (ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and
     (iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.
     (c)(i) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on ((an)) the following general education average class size ((as specified in the omnibus appropriations act.)) of full-time equivalent students per teacher:

       General education
       average
       class size
Grades K-3 . . . . . . . . . . . . 25.23
Grade 4 . . . . . . . . . . . . 27.00
Grades 5-6 . . . . . . . . . . . . 27.00
Grades 7-8 . . . . . . . . . . . . 28.53
Grades 9-12, except in cases when lower average class sizes
are specified for approved career and technical education
programs and skill centers . . . . . . . . . . . . 28.74
Approved career and technical education offered at
the middle school and high school level . . . . . . . . . . . . 26.57
Skill center programs meeting the standards established
by the office of the superintendent of public instruction . . . . . . . . . . . . 22.76


     (ii) According to an implementation schedule adopted by the legislature, t
he omnibus appropriations act shall at a minimum specify:
     (((i) Basic average class size;
     (ii) Basic
)) (A) A high-poverty average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and
     (((iii))) (B) A specialty average class size for ((exploratory and preparatory career and technical education,)) laboratory science, advanced placement, and international baccalaureate courses((; and
     (iv) Average class size in grades kindergarten through three
)).
     (d) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:
     (((i) Principals, including assistant principals, and other certificated building-level administrators;
     (ii) Teacher librarians, performing functions including information literacy, technology, and media to support school library media programs;
     (iii) Student health services, a function that includes school nurses, whether certificated instructional or classified employee, and social workers;
     (iv) Guidance counselors, performing functions including parent outreach and graduation advisor;
     (v) Professional development coaches;
     (vi) Teaching assistance, which includes any aspect of educational instructional services provided by classified employees;
     (vii) Office support, technology support, and other noninstructional aides;
     (viii) Custodians, warehouse, maintenance, laborer, and professional and technical education support employees; and
     (ix) Classified staff providing student and staff safety.
     (4)(a)
))

Elementary SchoolMiddle SchoolHigh School
Principals, assistant principals, and other certificated building-level administrators, except administrators for approved career
and technical programs and skill centers . . . . . . . . . . . .


1.253


1.353


1.880
Teacher librarians, a function that includes information literacy, technology, and media to support school library media programs . . . . . . . . . . . .
0.663

0.519

0.523
Health and social services:
          School nurses . . . . . . . . . . . . 0.0760.0600.096
          Social workers . . . . . . . . . . . . 0.0420.0060.015
          Psychologists . . . . . . . . . . . . 0.0170.0020.007
Guidance counselors, a function that includes parent outreach and graduation advising . . . . . . . . . . . .
0.493

1.116

1.909
Professional development coaches . . . . . . . . . . . . 0.000.000.00
Teaching assistance, including any aspect of educational instructional services provided by classified employees . . . . . . . . . . . .
0.917

0.685

0.638
Office support and other noninstructional aides . . . . . . . . . . . . 1.9712.2773.201
Custodians . . . . . . . . . . . . 1.6221.9022.903
Classified staff providing student and staff safety . . . . . . . . . . . . 0.0770.0900.138
Parent involvement coordinators . . . . . . . . . . . . 0.0000.0000.000


     (4)(a) For career and technical education programs approved by the superintendent of public instruction, the minimum allocation for administrative staff shall be allocated at 0.410 per one hundred full-time equivalent career and technical education students and for other school-level certificated staff at 0.202 per one hundred full-time equivalent career and technical education students, regardless of the grade level at which the program is delivered.
     (b) The average annual full-time equivalent student enrollment for career and technical programs used for administrative, classroom teachers, and school-level certificated staff calculations under this subsection (4) shall be excluded from the average annual full-time equivalent student enrollment used for the administrative, classroom teachers, and school-level certificated staff allocations by grade level.
     (5)(a) For skill center programs meeting the standards for skill center funding established in January 1999 by the superintendent of public instruction, the minimum allocation for administrative staff shall be allocated at 0.490 per one hundred full-time equivalent skill center students and for other school-level certificated staff at 0.236 per one hundred full-time equivalent skill center students.

     (b) The average annual full-time equivalent student enrollment for skill centers used for administrative, classroom teachers, and school-level certificated staff calculations under this subsection (5) shall be excluded from the average annual full-time equivalent student enrollment used for the administrative, classroom teachers, and school-level certificated staff allocations by grade level.
     (6)(a) The minimum staffing allocation for each school district to provide district-wide support services shall be allocated per one thousand full-time equivalent students in grades K-12 as follows:


       Staff per 1,000
       K-12 students
Technology . . . . . . . . . . . . 0.615
Facilities, maintenance, and grounds . . . . . . . . . . . . 1.776
Warehouse, laborers, and mechanics . . . . . . . . . . . . 0.325


     (b) The minimum allocation for each school district to support certificated and classified staffing of central administration shall be 5.39 percent of the staff units generated for the prototypical school staff and district-wide support staff in subsections (3) and (4) of this section and (a) of this subsection to provide the following services: Supervisors/finance/personnel/communications; central office clerical; and certificated administrators.
     (7)(a) Except as provided in subsection (8) of this section, t
he minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs: ((Student technology; utilities; curriculum, textbooks, library materials, and instructional supplies; instructional professional development for both certificated and classified staff; other building-level costs including maintenance, custodial, and security; and central office administration.))

       Per annual average
       full-time equivalent student
       in grades K-12
Technology . . . . . . . . . . . . $54.43
Utilities and insurance . . . . . . . . . . . . $324.52
Curriculum and textbooks . . . . . . . . . . . . $58.44
Other supplies and library materials . . . . . . . . . . . . $124.07
Instructional professional development for certified and
classified staff . . . . . . . . . . . . $9.04
Facilities maintenance . . . . . . . . . . . . $73.27
Security and central office . . . . . . . . . . . . $50.76


     (b) ((The annual average full-time equivalent student amounts in (a) of this subsection shall be enhanced)) According to an implementation schedule adopted by the legislature and in addition to the amounts provided in (a) of this subsection, the omnibus appropriations act shall provide an amount based on the full-time equivalent student enrollment ((in)) for each of the following: (i) Exploratory career and technical education courses for students in grades seven through twelve; (ii) laboratory science courses for students in grades nine through twelve; (iii) preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and (iv) preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.
     (((5))) (8) In addition to the allocations provided under subsections (3) and (((4))) (7) of this section shall be ((enhanced as follows to provide)) an amount provided for additional allocations for classroom teachers and maintenance, supplies, and operating costs:
     (a) To provide supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the ((percent)) average percentage of students in ((each school)) grades K-12 who ((are)) were eligible for free ((and)) or reduced-price meals. The minimum allocation for the ((learning assistance)) program 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)) resources to provide 1.5156 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher and zero hours per week of instruction during vacation periods.
     (b) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the head count number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide ((for supplemental instruction based on percent of the school day a student is assumed to receive supplemental instruction and a per student allocation for maintenance, supplies, and operating costs)) resources to provide 4.7780 hours per week in extra instruction with fifteen transitional bilingual instruction program students per teacher and zero hours per week of instruction during vacation periods.
     (((6))) (9) The allocations provided under subsections (3) and (((4))) (7) 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, based on two and three hundred fourteen one-thousandths percent of each school district's full-time equivalent basic education enrollment. 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)) resources to provide 2.1590 hours per week in extra instruction with fifteen highly capable program students per teacher and zero hours per week of instruction during vacation periods.
     (((7))) (10) The allocations under subsections (3)(b), (c)(i), and (d), (((4), and (8))) (6), and (7)(a) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities.
     (((8) The distribution formula shall include allocations to school districts to support certificated and classified staffing of central office administration. The minimum allocation shall be calculated as a percentage, identified in the omnibus appropriations act, of the total allocations for staff under subsections (3) and (6) of this section for all schools in the district.
     (9)
)) (11)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (3) and (((5))) (8) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students.
     (b) Allocations or enhancements provided under subsections (3) ((and)), (4), (5), and (7) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW.
     (((10))) (12)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature.
     (b) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect.
     (c) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the first school day of each month, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction and shall be included as part of the superintendent's biennial budget request. The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220. Any revision of the present definition shall not take effect until approved by the house ways and means committee and the senate ways and means committee.
     (d) The office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050.

Sec. 3   RCW 28A.150.390 and 2009 c 548 s 108 are each amended to read as follows:
     (1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.260 (3) (b), (c)(i), and (d), (((4), and (8) and federal medical assistance and private funds accruing under RCW 74.09.5249 through 74.09.5253 and 74.09.5254 through 74.09.5256)) (6), and (7)(a).
     (2) The excess cost allocation to school districts shall be based on the following:
     (a) A district's annual average headcount enrollment of students ages birth through four and those five year olds not yet enrolled in kindergarten who are eligible for and enrolled in special education, multiplied by the district's base allocation per full-time equivalent student, multiplied by 1.15; and
     (b) A district's annual average full-time equivalent basic education enrollment, multiplied by the district's funded enrollment percent, multiplied by the district's base allocation per full-time equivalent student, multiplied by 0.9309.
     (3) As used in this section:
     (a) "Base allocation" means the total state allocation to all schools in the district generated by the distribution formula under RCW 28A.150.260 (3) (b), (c)(i), and (d), (((4), and (8))) (6), and (7)(a), to be divided by the district's full-time equivalent enrollment.
     (b) "Basic education enrollment" means enrollment of resident students including nonresident students enrolled under RCW 28A.225.225 and students from nonhigh districts enrolled under RCW 28A.225.210 and excluding students residing in another district enrolled as part of an interdistrict cooperative program under RCW 28A.225.250.
     (c) "Enrollment percent" means the district's resident special education annual average enrollment, excluding students ages birth through four and those five year olds not yet enrolled in kindergarten, as a percent of the district's annual average full-time equivalent basic education enrollment.
     (d) "Funded enrollment percent" means the lesser of the district's actual enrollment percent or twelve and seven-tenths percent.

Sec. 4   2009 c 548 s 804 (uncodified) is amended to read as follows:
     Sections 101 through 105, 107 through 110, and 701 through 710 of this act take effect September 1, 2011.

NEW SECTION.  Sec. 5   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION.  Sec. 6   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 7   This act takes effect September 1, 2011.

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