H-1317.1
SUBSTITUTE HOUSE BILL 1265
State of Washington | 66th Legislature | 2019 Regular Session |
ByHouse Education (originally sponsored by Representatives Ortiz-Self, Harris, Santos, Volz, Senn, Kilduff, Orwall, Riccelli, Frame, Dolan, Valdez, Steele, Lovick, Peterson, Reeves, Tarleton, Fitzgibbon, Walen, Sells, Doglio, Bergquist, Stanford, Appleton, Slatter, Thai, Wylie, Jinkins, Macri, Pollet, Goodman, and Leavitt)
READ FIRST TIME 02/04/19.
AN ACT Relating to increasing student access to school counselors; amending RCW
28A.150.260 and
28A.150.260; adding new sections to chapter
28A.320 RCW; providing an effective date; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter
28A.320 RCW to read as follows:
(1)(a) Except as required under (b) of this subsection, school counselors are encouraged to spend at least eighty percent of their time providing direct services to students.
(b) Except for school counselors in school districts with student populations of fewer than two hundred fifty students, school counselors supported by allocations provided under RCW
28A.150.260(5)(b) are required to spend at least eighty percent of their time providing direct services to students.
(2) The office of the superintendent of public instruction must adopt a rule that defines "direct services," in a manner that is consistent with the American school counselor association's national model. "Direct services" may not include the coordination of standardized testing.
(3) This section expires August 31, 2022.
NEW SECTION. Sec. 2. A new section is added to chapter
28A.320 RCW to read as follows:
(1) Except for school counselors in school districts with student populations of fewer than two hundred fifty students, school counselors are required to spend at least eighty percent of their time providing direct services to students.
(2) The office of the superintendent of public instruction must adopt a rule that defines "direct services," in a manner that is consistent with the American school counselor association's national model. "Direct services" may not include the coordination of standardized testing.
Sec. 3. RCW
28A.150.260 and 2018 c 266 s 101 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)(a) The distribution formula under this section shall be for allocation purposes only. Except as may be required under subsections (4)(b) and (c) and (9) of this section, chapter
28A.155, 28A.165, 28A.180, or
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.
(b) To promote transparency in state funding allocations, the superintendent of public instruction must report state per-pupil allocations for each school district for the general apportionment, special education, learning assistance, transitional bilingual, highly capable, and career and technical education programs. The superintendent must also report state general apportionment per-pupil allocations by grade for each school district. The superintendent must report this information in a user-friendly format on the main page of the office's web site and on school district apportionment reports. School districts must include a link to the superintendent's per-pupil allocations report on the main page of the school district's web site. In addition, the budget documents published by the legislature for the enacted omnibus operating appropriations act must report statewide average per-pupil allocations for general apportionment and the categorical programs listed in this subsection.
(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.
(4)(a)(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 the following general education average class size of full-time equivalent students per teacher:
General education
average class size
Grades K-3. . . . 17.00
Grade 4. . . .27.00
Grades 5-6. . . .27.00
Grades 7-8. . . .28.53
Grades 9-12. . . .28.74
(ii) The minimum class size allocation for each prototypical high school shall also provide for enhanced funding for class size reduction for two laboratory science classes within grades nine through twelve per full-time equivalent high school student multiplied by a laboratory science course factor of 0.0833, based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours in RCW
28A.150.220, and providing at least one teacher planning period per school day:
Laboratory science
average class size
Grades 9-12. . . .19.98
(b)(i) Beginning September 1, 2019, funding for average K-3 class sizes in this subsection (4) may be provided only to the extent of, and proportionate to, the school district's demonstrated actual class size in grades K-3, up to the funded class sizes.
(ii) The office of the superintendent of public instruction shall develop rules to implement this subsection (4)(b).
(c)(i) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education:
Career and technical
education average
class size
Approved career and technical education offered at
the middle school and high school level. . . . 23.00
Skill center programs meeting the standards established
by the office of the superintendent of public
instruction. . . . 20.00
(ii) Funding allocated under this subsection (4)(c) is subject to RCW
28A.150.265.
(d) In addition, the omnibus appropriations act shall at a minimum specify:
(i) 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
(ii) A specialty average class size for advanced placement and international baccalaureate courses.
(5)(a) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers, except as provided in (b) of this subsection:
| Elementary School | Middle School | High School |
Principals, assistant principals, and other certificated building-level administrators. . . . | 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. . . . | 0.076 | 0.060 | 0.096 |
Social workers. . . . | 0.042 | 0.006 | 0.015 |
Psychologists. . . . | 0.017 | 0.002 | 0.007 |
Guidance counselors, a function that includes parent outreach and graduation advising. . . . | 0.493 | 1.216 | 2.539 |
Teaching assistance, including any aspect of educational instructional services provided by classified employees. . . . | 0.936 | 0.700 | 0.652 |
Office support and other noninstructional aides. . . . | 2.012 | 2.325 | 3.269 |
Custodians. . . . | 1.657 | 1.942 | 2.965 |
Classified staff providing student and staff safety. . . . | 0.079 | 0.092 | 0.141 |
Parent involvement coordinators. . . . | 0.0825 | 0.00 | 0.00 |
(b)(i) In addition to funding allocated under (a) of this subsection, for schools that qualify under (b)(ii) of this subsection, the minimum allocation for each prototypical elementary school shall include an additional allocation of 0.307 guidance counselors and the minimum allocation for each prototypical middle school shall include an additional allocation of 0.512 guidance counselors.
(ii) Schools qualify for the allocations described under (b)(i) of this subsection as follows:
(A) For the 2019-20 school year, the schools identified as most in need of support using the accountability framework established in RCW 28A.657.110; and (B) For the 2020-21 and 2021-22 school years, schools eligible under (b)(ii)(A) of this subsection and Title I schools not eligible under (b)(ii)(A) of this subsection.
(iii) School districts must distribute the additional guidance counselor allocation described in this subsection (5)(b) to the schools that generated the allocation under (b)(ii) of this subsection.
(iv) Once a school receives the allocation described in this subsection (5)(b), its school counselors must provide direct services to students as required by section 1(1)(b) of this act.
(v) The office of the superintendent of public instruction shall develop rules to implement this subsection (5)(b).
(6)(a) The minimum staffing allocation for each school district to provide district-wide support services shall be allocated per one thousand annual average full-time equivalent students in grades K-12 as follows:
Staff per 1,000
K-12 students
Technology. . . .0.628
Facilities, maintenance, and grounds. . . .1.813
Warehouse, laborers, and mechanics. . . .0.332
(b) The minimum allocation of staff units for each school district to support certificated and classified staffing of central administration shall be 5.30 percent of the staff units generated under subsections (4)(a) and (5) of this section and (a) of this subsection.
(7) The distribution formula shall include staffing allocations to school districts for career and technical education and skill center administrative and other school-level certificated staff, as specified in the omnibus appropriations act.
(8)(a) Except as provided in (b) of this subsection, the minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs as provided in the 2017-18 school year, after which the allocations shall be adjusted annually for inflation as specified in the omnibus appropriations act:
Per annual average
full-time equivalent student
in grades K-12
Technology. . . . $130.76
Utilities and insurance. . . . $355.30
Curriculum and textbooks. . . . $140.39
Other supplies . . . . $278.05
Library materials. . . .$20.00
Instructional professional development for certificated and
classified staff. . . . $21.71
Facilities maintenance. . . . $176.01
Security and central office administration. . . . $121.94
(b) In addition to the amounts provided in (a) of this subsection, beginning in the 2014-15 school year, the omnibus appropriations act shall provide the following minimum allocation for each annual average full-time equivalent student in grades nine through twelve for the following materials, supplies, and operating costs, to be adjusted annually for inflation:
Per annual average
full-time equivalent student
in grades 9-12
Technology. . . .$36.35
Curriculum and textbooks. . . .$39.02
Other supplies . . . . $77.28
Library materials. . . .$5.56
Instructional professional development for certificated and
classified staff. . . .$6.04
(9) In addition to the amounts provided in subsection (8) of this section and subject to RCW
28A.150.265, the omnibus appropriations act shall provide an amount based on full-time equivalent student enrollment in each of the following:
(a) Exploratory career and technical education courses for students in grades seven through twelve;
(b) Preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and
(c) Preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.
(10) In addition to the allocations otherwise provided under this section, amounts shall be provided to support the following programs and services:
(a)(i) To provide supplemental instruction and services for students who are not meeting academic standards through the learning assistance program under RCW
28A.165.005 through
28A.165.065, allocations shall be based on the district percentage of students in grades K-12 who were eligible for free or reduced-price meals in the prior school year. The minimum allocation for the program shall provide for each level of prototypical school resources to provide, on a statewide average, 2.3975 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher.
(ii) In addition to funding allocated under (a)(i) of this subsection, to provide supplemental instruction and services for students who are not meeting academic standards in qualifying schools. A qualifying school means a school in which the three-year rolling average of the prior year total annual average enrollment that qualifies for free or reduced-price meals equals or exceeds fifty percent or more of its total annual average enrollment. The minimum allocation for this additional high poverty-based allocation must provide for each level of prototypical school resources to provide, on a statewide average, 1.1 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher, under RCW
28A.165.055, school districts must distribute the high poverty-based allocation to the schools that generated the funding allocation.
(b)(i) 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 resources to provide, on a statewide average, 4.7780 hours per week in extra instruction for students in grades kindergarten through six and 6.7780 hours per week in extra instruction for students in grades seven through twelve, with fifteen transitional bilingual instruction program students per teacher. Notwithstanding other provisions of this subsection (10), the actual per-student allocation may be scaled to provide a larger allocation for students needing more intensive intervention and a commensurate reduced allocation for students needing less intensive intervention, as detailed in the omnibus appropriations act.
(ii) To provide supplemental instruction and services for students who have exited the transitional bilingual program, allocations shall be based on the head count number of students in each school who have exited the transitional bilingual program within the previous two years based on their performance on the English proficiency assessment and are eligible for and enrolled in the transitional bilingual instruction program under RCW
28A.180.040(1)(g). The minimum allocation for each prototypical school shall provide resources to provide, on a statewide average, 3.0 hours per week in extra instruction with fifteen exited students per teacher.
(c) To provide additional allocations to support programs for highly capable students under RCW
28A.185.010 through
28A.185.030, allocations shall be based on 5.0 percent of each school district's full-time equivalent basic education enrollment. The minimum allocation for the programs shall provide resources to provide, on a statewide average, 2.1590 hours per week in extra instruction with fifteen highly capable program students per teacher.
(11) The allocations under subsections (4)(a), (5), (6), and (8) 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.
(12)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (4) and (10) 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 (4), (7), and (9) 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.
(13)(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. 4. RCW
28A.150.260 and 2018 c 266 s 101 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)(a) The distribution formula under this section shall be for allocation purposes only. Except as may be required under subsections (4)(b) and (c) and (9) of this section, chapter
28A.155, 28A.165, 28A.180, or
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.
(b) To promote transparency in state funding allocations, the superintendent of public instruction must report state per-pupil allocations for each school district for the general apportionment, special education, learning assistance, transitional bilingual, highly capable, and career and technical education programs. The superintendent must also report state general apportionment per-pupil allocations by grade for each school district. The superintendent must report this information in a user-friendly format on the main page of the office's web site and on school district apportionment reports. School districts must include a link to the superintendent's per-pupil allocations report on the main page of the school district's web site. In addition, the budget documents published by the legislature for the enacted omnibus operating appropriations act must report statewide average per-pupil allocations for general apportionment and the categorical programs listed in this subsection.
(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.
(4)(a)(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 the following general education average class size of full-time equivalent students per teacher:
General education
average class size
Grades K-3. . . . 17.00
Grade 4. . . .27.00
Grades 5-6. . . .27.00
Grades 7-8. . . .28.53
Grades 9-12. . . .28.74
(ii) The minimum class size allocation for each prototypical high school shall also provide for enhanced funding for class size reduction for two laboratory science classes within grades nine through twelve per full-time equivalent high school student multiplied by a laboratory science course factor of 0.0833, based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours in RCW
28A.150.220, and providing at least one teacher planning period per school day:
Laboratory science
average class size
Grades 9-12. . . .19.98
(b)(i) Beginning September 1, 2019, funding for average K-3 class sizes in this subsection (4) may be provided only to the extent of, and proportionate to, the school district's demonstrated actual class size in grades K-3, up to the funded class sizes.
(ii) The office of the superintendent of public instruction shall develop rules to implement this subsection (4)(b).
(c)(i) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education:
Career and technical
education average
class size
Approved career and technical education offered at
the middle school and high school level. . . . 23.00
Skill center programs meeting the standards established
by the office of the superintendent of public
instruction. . . . 20.00
(ii) Funding allocated under this subsection (4)(c) is subject to RCW
28A.150.265.
(d) In addition, the omnibus appropriations act shall at a minimum specify:
(i) 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
(ii) A specialty average class size for advanced placement and international baccalaureate courses.
(5) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:
| Elementary School | Middle School | High School |
Principals, assistant principals, and other certificated building-level administrators. . . . | 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. . . . | 0.076 | 0.060 | 0.096 |
Social workers. . . . | 0.042 | 0.006 | 0.015 |
Psychologists. . . . | 0.017 | 0.002 | 0.007 |
Guidance counselors, a function that includes parent outreach and graduation advising. . . . | ((0.493))0.800 | ((1.216))1.728 | 2.539 |
Teaching assistance, including any aspect of educational instructional services provided by classified employees. . . . | 0.936 | 0.700 | 0.652 |
Office support and other noninstructional aides. . . . | 2.012 | 2.325 | 3.269 |
Custodians. . . . | 1.657 | 1.942 | 2.965 |
Classified staff providing student and staff safety. . . . | 0.079 | 0.092 | 0.141 |
Parent involvement coordinators. . . . | 0.0825 | 0.00 | 0.00 |
(6)(a) The minimum staffing allocation for each school district to provide district-wide support services shall be allocated per one thousand annual average full-time equivalent students in grades K-12 as follows:
Staff per 1,000
K-12 students
Technology. . . .0.628
Facilities, maintenance, and grounds. . . .1.813
Warehouse, laborers, and mechanics. . . .0.332
(b) The minimum allocation of staff units for each school district to support certificated and classified staffing of central administration shall be 5.30 percent of the staff units generated under subsections (4)(a) and (5) of this section and (a) of this subsection.
(7) The distribution formula shall include staffing allocations to school districts for career and technical education and skill center administrative and other school-level certificated staff, as specified in the omnibus appropriations act.
(8)(a) Except as provided in (b) of this subsection, the minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs as provided in the 2017-18 school year, after which the allocations shall be adjusted annually for inflation as specified in the omnibus appropriations act:
Per annual average
full-time equivalent student
in grades K-12
Technology. . . . $130.76
Utilities and insurance. . . . $355.30
Curriculum and textbooks. . . . $140.39
Other supplies . . . . $278.05
Library materials. . . .$20.00
Instructional professional development for certificated and
classified staff. . . . $21.71
Facilities maintenance. . . . $176.01
Security and central office administration. . . . $121.94
(b) In addition to the amounts provided in (a) of this subsection, beginning in the 2014-15 school year, the omnibus appropriations act shall provide the following minimum allocation for each annual average full-time equivalent student in grades nine through twelve for the following materials, supplies, and operating costs, to be adjusted annually for inflation:
Per annual average
full-time equivalent student
in grades 9-12
Technology. . . .$36.35
Curriculum and textbooks. . . .$39.02
Other supplies . . . . $77.28
Library materials. . . .$5.56
Instructional professional development for certificated and
classified staff. . . .$6.04
(9) In addition to the amounts provided in subsection (8) of this section and subject to RCW
28A.150.265, the omnibus appropriations act shall provide an amount based on full-time equivalent student enrollment in each of the following:
(a) Exploratory career and technical education courses for students in grades seven through twelve;
(b) Preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and
(c) Preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.
(10) In addition to the allocations otherwise provided under this section, amounts shall be provided to support the following programs and services:
(a)(i) To provide supplemental instruction and services for students who are not meeting academic standards through the learning assistance program under RCW
28A.165.005 through
28A.165.065, allocations shall be based on the district percentage of students in grades K-12 who were eligible for free or reduced-price meals in the prior school year. The minimum allocation for the program shall provide for each level of prototypical school resources to provide, on a statewide average, 2.3975 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher.
(ii) In addition to funding allocated under (a)(i) of this subsection, to provide supplemental instruction and services for students who are not meeting academic standards in qualifying schools. A qualifying school means a school in which the three-year rolling average of the prior year total annual average enrollment that qualifies for free or reduced-price meals equals or exceeds fifty percent or more of its total annual average enrollment. The minimum allocation for this additional high poverty-based allocation must provide for each level of prototypical school resources to provide, on a statewide average, 1.1 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher, under RCW
28A.165.055, school districts must distribute the high poverty-based allocation to the schools that generated the funding allocation.
(b)(i) 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 resources to provide, on a statewide average, 4.7780 hours per week in extra instruction for students in grades kindergarten through six and 6.7780 hours per week in extra instruction for students in grades seven through twelve, with fifteen transitional bilingual instruction program students per teacher. Notwithstanding other provisions of this subsection (10), the actual per-student allocation may be scaled to provide a larger allocation for students needing more intensive intervention and a commensurate reduced allocation for students needing less intensive intervention, as detailed in the omnibus appropriations act.
(ii) To provide supplemental instruction and services for students who have exited the transitional bilingual program, allocations shall be based on the head count number of students in each school who have exited the transitional bilingual program within the previous two years based on their performance on the English proficiency assessment and are eligible for and enrolled in the transitional bilingual instruction program under RCW
28A.180.040(1)(g). The minimum allocation for each prototypical school shall provide resources to provide, on a statewide average, 3.0 hours per week in extra instruction with fifteen exited students per teacher.
(c) To provide additional allocations to support programs for highly capable students under RCW
28A.185.010 through
28A.185.030, allocations shall be based on 5.0 percent of each school district's full-time equivalent basic education enrollment. The minimum allocation for the programs shall provide resources to provide, on a statewide average, 2.1590 hours per week in extra instruction with fifteen highly capable program students per teacher.
(11) The allocations under subsections (4)(a), (5), (6), and (8) 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.
(12)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (4) and (10) 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 (4), (7), and (9) 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.
(13)(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.
NEW SECTION. Sec. 5. Section 3 of this act expires September 1, 2022.
NEW SECTION. Sec. 6. Sections 2 and 4 of this act take effect September 1, 2022.
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