BILL REQ. #: H-1957.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/23/11.
AN ACT Relating to preserving the school district levy base; reenacting and amending RCW 84.52.0531; creating a new section; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 When cuts are made to state funding for K-12
education, these cuts reduce a school district's levy base. The intent
of the legislature is to preserve the school district levy base and to
protect the ability of districts to collect voter-approved funds.
Sec. 2 RCW 84.52.0531 and 2010 c 237 s 1 and 2010 c 99 s 11 are
each reenacted and amended to read as follows:
The maximum dollar amount which may be levied by or for any school
district for maintenance and operation support under the provisions of
RCW 84.52.053 shall be determined as follows:
(1) For excess levies for collection in calendar year 1997, the
maximum dollar amount shall be calculated pursuant to the laws and
rules in effect in November 1996.
(2) For excess levies for collection in calendar year 1998 and
thereafter, the maximum dollar amount shall be the sum of (a) plus or
minus (b), (c), and (d) of this subsection minus (e) of this
subsection:
(a) The district's levy base as defined in subsections (3) and (4)
of this section multiplied by the district's maximum levy percentage as
defined in subsection (6) of this section;
(b) For districts in a high/nonhigh relationship, the high school
district's maximum levy amount shall be reduced and the nonhigh school
district's maximum levy amount shall be increased by an amount equal to
the estimated amount of the nonhigh payment due to the high school
district under RCW 28A.545.030(3) and 28A.545.050 for the school year
commencing the year of the levy;
(c) Except for nonhigh districts under (d) of this subsection, for
districts in an interdistrict cooperative agreement, the nonresident
school district's maximum levy amount shall be reduced and the resident
school district's maximum levy amount shall be increased by an amount
equal to the per pupil basic education allocation included in the
nonresident district's levy base under subsection (3) of this section
multiplied by:
(i) The number of full-time equivalent students served from the
resident district in the prior school year; multiplied by:
(ii) The serving district's maximum levy percentage determined
under subsection (6) of this section; increased by:
(iii) The percent increase per full-time equivalent student as
stated in the state basic education appropriation section of the
biennial budget between the prior school year and the current school
year divided by fifty-five percent;
(d) The levy bases of nonhigh districts participating in an
innovation academy cooperative established under RCW 28A.340.080 shall
be adjusted by the office of the superintendent of public instruction
to reflect each district's proportional share of student enrollment in
the cooperative;
(e) The district's maximum levy amount shall be reduced by the
maximum amount of state matching funds for which the district is
eligible under RCW 28A.500.010.
(3) For excess levies for collection in calendar year 2005 and
thereafter, a district's levy base shall be the sum of allocations in
(a) through (c) of this subsection received by the district for the
prior school year and the amounts determined under subsection (4) of
this section, including allocations for compensation increases, plus
the sum of such allocations multiplied by the percent increase per full
time equivalent student as stated in the state basic education
appropriation section of the biennial budget between the prior school
year and the current school year and divided by fifty-five percent. A
district's levy base shall not include local school district property
tax levies or other local revenues, or state and federal allocations
not identified in (a) through (c) of this subsection.
(a) The district's basic education allocation as determined
pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;
(b) State and federal categorical allocations for the following
programs:
(i) Pupil transportation;
(ii) Special education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited to learning
assistance, migrant education, Indian education, refugee programs, and
bilingual education;
(v) Food services; and
(vi) Statewide block grant programs; and
(c) Any other federal allocations for elementary and secondary
school programs, including direct grants, other than federal impact aid
funds and allocations in lieu of taxes.
(4) For levy collections in calendar years 2005 through 2017, in
addition to the allocations included under subsection (3)(a) through
(c) of this section, a district's levy base shall also include the
following:
(a)(i) For levy collections in calendar year 2010, the difference
between the allocation the district would have received in the current
school year had RCW 84.52.068 not been amended by chapter 19, Laws of
2003 1st sp. sess. and the allocation the district received in the
current school year pursuant to RCW 28A.505.220;
(ii) For levy collections in calendar years 2011 through 2017, the
difference between the allocation rate the district would have received
in the prior school year using the Initiative 728 rate and the
allocation rate the district received in the prior school year pursuant
to RCW 28A.505.220 multiplied by the full-time equivalent student
enrollment used to calculate the Initiative 728 allocation for the
prior school year; and
(b) The difference between the allocations the district would have
received the prior school year using the Initiative 732 base and the
allocations the district actually received the prior school year
pursuant to RCW 28A.400.205.
(5) For levy collections in calendar years 2011 through 2017, in
addition to the allocations included under subsections (3)(a) through
(c) and (4)(a) and (b) of this section, a district's levy base shall
also ((include)) be increased by:
(a) The difference between an allocation of fifty-three and two-tenths certificated instructional staff units per thousand full-time
equivalent students in grades kindergarten through four enrolled in the
prior school year and the allocation of certificated instructional
staff units per thousand full-time equivalent students in grades
kindergarten through four that the district actually received in the
prior school year, except that the levy base for a school district
whose allocation in the 2009-10 school year was less than fifty-three
and two-tenths certificated instructional staff units per thousand
full-time equivalent students in grades kindergarten through four shall
include the difference between the allocation the district actually
received in the 2009-10 school year and the allocation the district
actually received in the prior school year; and
(b) The product of (b)(i) and (ii) of this subsection, if the
amount in (b)(i)(A) of this subsection exceeds the amount in (b)(i)(B)
of this subsection.
(i) The difference between:
(A) The district's per-pupil state general apportionment for the
2009-10 school year appropriated in sections 502 through 504, chapter
564, Laws of 2009, excluding the per-pupil fringe benefit allocations
in section 502(4), chapter 564, Laws of 2009; and
(B) The district's per-pupil state general apportionment for the
prior school year, excluding the per-pupil fringe benefit allocations
for the prior year.
(ii) The district's average annual enrollment for the prior school
year.
(iii) When calculating the amount to be included under this
subsection (5)(b), the superintendent shall exclude amounts already
included in a district's levy base pursuant to (a) of this subsection.
(6)(a) A district's maximum levy percentage shall be twenty-four
percent in 2010 and twenty-eight percent in 2011 through 2017 and
twenty-four percent every year thereafter;
(b) For qualifying districts, in addition to the percentage in (a)
of this subsection the grandfathered percentage determined as follows:
(i) For 1997, the difference between the district's 1993 maximum
levy percentage and twenty percent; and
(ii) For 2011 through 2017, the percentage calculated as follows:
(A) Multiply the grandfathered percentage for the prior year times
the district's levy base determined under subsection (3) of this
section;
(B) Reduce the result of (b)(ii)(A) of this subsection by any levy
reduction funds as defined in subsection (7) of this section that are
to be allocated to the district for the current school year;
(C) Divide the result of (b)(ii)(B) of this subsection by the
district's levy base; and
(D) Take the greater of zero or the percentage calculated in
(b)(ii)(C) of this subsection.
(7) "Levy reduction funds" shall mean increases in state funds from
the prior school year for programs included under subsections (3) and
(4) of this section: (a) That are not attributable to enrollment
changes, compensation increases, or inflationary adjustments; and (b)
that are or were specifically identified as levy reduction funds in the
appropriations act. If levy reduction funds are dependent on formula
factors which would not be finalized until after the start of the
current school year, the superintendent of public instruction shall
estimate the total amount of levy reduction funds by using prior school
year data in place of current school year data. Levy reduction funds
shall not include moneys received by school districts from cities or
counties.
(8) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Prior school year" means the most recent school year completed
prior to the year in which the levies are to be collected.
(b) "Current school year" means the year immediately following the
prior school year.
(c) "Initiative 728 rate" means the allocation rate at which the
student achievement program would have been funded under chapter 3,
Laws of 2001, if all annual adjustments to the initial 2001 allocation
rate had been made in previous years and in each subsequent year as
provided for under chapter 3, Laws of 2001.
(d) "Initiative 732 base" means the prior year's state allocation
for annual salary cost-of-living increases for district employees in
the state-funded salary base as it would have been calculated under
chapter 4, Laws of 2001, if each annual cost-of-living increase
allocation had been provided in previous years and in each subsequent
year.
(9) Funds collected from transportation vehicle fund tax levies
shall not be subject to the levy limitations in this section.
(10) The superintendent of public instruction shall develop rules
and inform school districts of the pertinent data necessary to carry
out the provisions of this section.
(11) For calendar year 2009, the office of the superintendent of
public instruction shall recalculate school district levy authority to
reflect levy rates certified by school districts for calendar year
2009.
NEW SECTION. Sec. 3 Section 2 of this act takes effect January
1, 2012.
NEW SECTION. Sec. 4 Section 2 of this act expires January 1,
2018.