WSR 98-03-067
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed January 20, 1998, 3:21 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-17-067.
Title of Rule: Chapter 392-140 WAC, K-3 Staff enhancement funding component.
Purpose: To restore rules previously adopted February 1996 and inadvertently repealed August 1996.
Statutory Authority for Adoption: RCW 28A.150.290.
Statute Being Implemented: Biennial Operating Appropriations Act.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Richard M. Wilson, Superintendent of Public Instruction, Olympia, 753-2298; Implementation: John Molohon, Superintendent of Public Instruction, Olympia, 753-6708; and Enforcement: Michael L. Bigelow, Superintendent of Public Instruction, Olympia, 753-1718.
Name of Proponent: Superintendent of Public Instruction, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Readoption of the rules is essential to the determination and apportionment of state funding for the 1997-98 school year.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule will have a minor or negligible economic impact.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Wanamaker Conference Room, 2nd Floor, Old Capitol Building, 600 South Washington Street, Olympia, WA 98504-7200, on February 24, 1998, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Jim Rich by February 10, 1998, TDD (360) 664-3631, or (360) 753-6733.
Submit Written Comments to: Rules Coordinator, Legal Services, P.O. Box 47200, Olympia, WA 98504, FAX (360) 753-4201, by February 23, 1998.
Date of Intended Adoption: February 25, 1998.
January 20, 1998
Dr. Terry Bergeson
Superintendent of
Public Instruction
K-3 STAFF
ENHANCEMENT
NEW SECTION
WAC 392-140-700 K-3 Staff enhancement--Applicable provisions. The provisions of WAC 392-140-700 through 392-140-747 apply to the determination of staff/student ratios used in apportionment of state basic education moneys to school districts based on the district's kindergarten through third grade (K-3) staff and students. Compliance with these sections does not assure compliance with:
(1) RCW 28A.150.100(2), which requires each school district to maintain a ratio of at least forty-six basic education certificated instructional staff per thousand annual average full-time equivalent students; or
(2) RCW 28A.150.250, which requires that the ratio of students per
classroom teacher in grades kindergarten through three be no greater than
the ratio of students per classroom teacher in grades four and above.
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NEW SECTION
WAC 392-140-701 K-3 Staff enhancement--Authority. The authority for WAC 392-140-700 through 392-140-747 is:
(1) The Biennial Operating Appropriations Act established by the legislature for each school year; and
(2) RCW 28A.150.290(1).
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NEW SECTION
WAC 392-140-702 K-3 Staff enhancement--Purpose. The purpose of WAC
392-140-700 through 392-140-747 is to set forth the policies and
procedures used by the superintendent of public instruction to determine
the amount of moneys to be provided to school districts for certificated
instructional staff above that set forth in RCW 28A.150.260 (2)(c).
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NEW SECTION
WAC 392-140-710 K-3 Staff enhancement--Definition--Academic year.
As used in WAC 392-140-700 through 392-140-747 "academic year" means any
nine-month period within the school year in which the minimum one hundred
eighty school days required by law is conducted.
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NEW SECTION
WAC 392-140-711 K-3 Staff enhancement--Definition--S-275. "S-275"
means the S-275 reporting process defined in WAC 392-121-220.
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NEW SECTION
WAC 392-140-712 K-3 Staff enhancement--Definition--SPI Form S-277."SPI Form S-277" means the form provided, for school years through
1994-95 by the superintendent of public instruction on which school
districts report information about each classified employee of the school
district as of October 1 of the school year including the employee's
name, Social Security number, working hours, assignments, rate of pay,
and benefits.
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NEW SECTION
WAC 392-140-713 K-3 Staff enhancement--Definition--SPI Form 1158.
"SPI Form 1158" means the form provided by the superintendent of public
instruction on which school districts report supplemental full-time
equivalent (FTE) staff and/or supplemental K-3 FTE staff for the school
year.
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NEW SECTION
WAC 392-140-714 K-3 Staff enhancement--Definition--SPI Report 1159.
"SPI Report 1159" means the report produced by the superintendent of
public instruction displaying the calculations of K-3 certificated
instructional staffing and K-3 apportionment ratios and other information
as necessary.
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NEW SECTION
WAC 392-140-715 K-3 Staff enhancement--Definition--SPI Form 1160.
"SPI Form 1160" means the form provided by the superintendent of public
instruction on which school districts may select the period of enrollment
the superintendent of public instruction shall use to calculate staffing
ratios.
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NEW SECTION
WAC 392-140-716 K-3 Staff enhancement--Definition--SPI Form 1230.
"SPI Form 1230" means the form provided by the superintendent of public
instruction on which school districts report 1989-90 FTE K-3 basic
education classified instructional assistants.
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NEW SECTION
WAC 392-140-720 K-3 Staff enhancement--Definition--FTE K-3 basic education enrollment. "FTE K-3 basic education enrollment" means the school district's enrollment for October or for such other period selected by the school district on SPI Form 1160 determined as follows:
(1) Sum FTE K-3 students reported by a school district pursuant to WAC 392-121-122 (1) and (2); and
(2) For school years through 1994-95 subtract special education FTE
students of ages six through eight calculated pursuant to WAC 392-122-131
based on enrollment reported by a school district pursuant to WAC 392-122-106.
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NEW SECTION
WAC 392-140-721 K-3 Staff enhancement--Definition--FTE basic education certificated instructional employee. "FTE basic education certificated instructional employee" means the FTE calculated pursuant to WAC 392-121-215 for a basic education certificated instructional employee assigned in whole or in part to the following programs as defined in the accounting manual for public school districts in the state of Washington:
(1) Basic education, program 01;
(2) Vocational, basic, state, program 31;
(3) Skills center, basic, state, program 45;
(4) Instruction support, program 94; and
(5) District-wide support, program 97.
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NEW SECTION
WAC 392-140-722 K-3 Staff enhancement--Definition--FTE K-3 basic education certificated instructional employee. "FTE K-3 basic education certificated instructional employee" means for a FTE basic education certificated instructional employee the following:
(1) If the basic education certificated instructional employees serves only K-3 students, one hundred percent of the FTE assigned to basic education; or
(2) If the basic education certificated instructional employee serves K-3 students and students of one or more other grades, multiply the FTE assigned to basic education by:
(a) The proportion of time spent serving K-3 students to all time serving students;
(b) The proportion of K-3 students served to all students served; or
(c) Any combination of (a) or (b) of this subsection as appropriate.
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NEW SECTION
WAC 392-140-723 K-3 Staff enhancement--Definition--FTE K-3 basic
education certificated instructional staff. "FTE K-3 basic education
certificated instructional staff" means the sum of FTE K-3 basic
education certificated instructional employees for a school district.
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NEW SECTION
WAC 392-140-724 K-3 Staff enhancement--Definition--Average basic
education certificated instructional staff salary for the purpose of
apportionment. "Average basic education certificated instructional staff
salary for purpose of apportionment" means the average salary allocation
amount for basic education certificated instructional staff determined
by the superintendent of public instruction for general apportionment of
state basic education moneys to a school district pursuant to WAC 392-121-299.
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NEW SECTION
WAC 392-140-725 K-3 Staff enhancement--Definition--Basic education classified instructional assistant. "Basic education classified instructional assistant" means a person who is assigned in whole or in part to:
(1) Program 01-basic education,
31-vocational, basic, state, or
45-skills center, basic, state; and
(2) Activity 27-teaching; and
(3) Duty 910-aide.
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NEW SECTION
WAC 392-140-726 K-3 Staff enhancement--Definition--Basic education classified instructional assistant FTE. "Basic education classified instructional assistant FTE" means the number determined for a basic education classified instructional assistant as follows:
(1) Determine the hours per year that the employee is assigned as a basic education classified instructional assistant; and
(2) Divide by 2080.
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NEW SECTION
WAC 392-140-727 K-3 Staff enhancement--Definition--FTE K-3 basic education classified instructional assistants. "FTE K-3 basic education classified instructional assistants" means the number determined for a school district as follows:
(1) For each basic education classified instructional assistant serving K-3 students determine an FTE as follows:
(a) If the basic education classified instructional assistant serves only K-3 students, one hundred percent of the FTE determined pursuant to WAC 392-140-726.
(b) If the basic education classified instructional assistant serves K-3 students and students of one or more other grades, multiply the FTE determined pursuant to WAC 392-140-726 by:
(i) The proportion of time spent serving K-3 students to all time serving students;
(ii) The proportion of K-3 students served to all students served; or
(iii) Any combination of (b)(i) or (ii) of this subsection as appropriate.
(2) Sum the FTEs determined pursuant to subsection (1) of this
section for all basic education classified instructional assistants of
the school district.
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NEW SECTION
WAC 392-140-728 K-3 Staff enhancement--Definition--Instructional FTE. As used in WAC 392-140-700 through 392-140-747, "instructional FTE" means:
(1) For basic education certificated instructional employee, the FTE determined pursuant to WAC 392-140-721.
(2) For a basic education classified instructional assistant, the
FTE determined pursuant to WAC 392-140-726.
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NEW SECTION
WAC 392-140-730 K-3 Staff enhancement--Definition--K-3 addition
FTE. "K-3 addition FTE" means the increase in FTE calculated pursuant
to WAC 392-140-733 for a K-3 basic education certificated instructional
employee or a K-3 basic education classified instructional assistant who
is not reported on the S-275 or for school years through 1994-95 on SPI
Form S-277 (for a classified employee), or whose instructional FTE
increases after October 1 of the school year.
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NEW SECTION
WAC 392-140-731 K-3 Staff enhancement--Definition--K-3 reduction
FTE. "K-3 reduction FTE" means the decrease in K-3 FTE calculated
pursuant to WAC 392-140-733 for a basic education certificated
instructional employee or a basic education classified instructional
assistant who is no longer employed or whose instructional FTE decreases
after October 1 of the school year.
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NEW SECTION
WAC 392-140-732 K-3 Staff enhancement--Definition--K-3 reassignment
FTE. "K-3 reassignment FTE" means the change in K-3 FTE calculated
pursuant to WAC 392-140-733 for a basic education certificated
instructional employee or a basic education classified instructional
assistant after October 1 whose K-3 FTE changes as a result of
reassignment but whose total instructional FTE does not change.
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NEW SECTION
WAC 392-140-733 K-3 Staff enhancement--Calculation of addition, reduction, and reassignment FTE. Addition, reduction, and reassignment FTE shall be calculated as follows:
(1) Determine the K-3 basic education FTE that would have been reported for the employee:
(a) In school years through 1994-95 on the S-275 (for a certificated instructional employee) or SPI Form S-277 (for a classified instructional assistant) if the employee had served the full academic year at the level of service after the change in service;
(b) In the 1995-96 school year and thereafter, on the S-275 if the employee had served the full academic year at the level of service after the change in service;
(2) Subtract the K-3 basic education FTE as of October 1 as reported for the employee on SPI Form S-275 (for a certificated instructional employee) or on SPI Form S-277 (for a classified instructional assistant) from the result obtained in subsection (1) of this section;
(3) Multiply the result obtained in subsection (2) of this section by the number of months remaining in the academic year that the employee serves at the level of service after the change in service, including the month of the change; and
(4) Divide the result obtained in subsection (3) of this section by
nine.
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NEW SECTION
WAC 392-140-735 K-3 Staff enhancement--Definition--Supplemental FTE
K-3 basic education certificated instructional staff. "Supplemental FTE
K-3 basic education certificated instructional staff" means the sum of
school district's K-3 addition, reduction, and reassignment FTEs for K-3
basic education certificated instructional staff.
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NEW SECTION
WAC 392-140-736 K-3 Staff enhancement--Definition--Supplemental FTE
K-3 basic education classified instructional assistants. "Supplemental
FTE K-3 basic education classified instructional assistants" means the
sum of a school district's K-3 addition, reduction, and reassignment FTEs
for K-3 basic education classified instructional assistants.
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NEW SECTION
WAC 392-140-740 K-3 Staff enhancement--Definition--K-3 certificated instructional staffing ratio. "K-3 certificated instructional staffing ratio" means the ratio calculated for a school district for a school year as follows:
(1) Add FTE K-3 basic education certificated instructional staff as reported on the S-275 and any supplemental FTE K-3 basic education certificated instructional staff as reported on SPI Form 1158;
(2) Divide the result of subsection (1) of this section by FTE K-3 basic education enrollment; and
(3) Multiply the result obtained in subsection (2) of this section
by 1000.
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NEW SECTION
WAC 392-140-741 K-3 Staff enhancement--Definition--Actual average salary for basic education classified instructional assistants. "Actual average salary for basic education classified instructional assistants" means the dollar amount determined for a school district for a school year as follows:
(1) For each basic education classified instructional assistant reported:
(a) On SPI Form S-277 for school years through 1994-95 multiply the hours per day times the days per year times the hourly rate as reported on Form S-277;
(b) On the S-275 for a school year during the period 1995-96 and thereafter, determine the assignment salary as reported on the S-275;
(2) Sum the dollar amounts determined pursuant to subsection (1) of this section; and
(3) Divide the result of subsection (2) of this section by the sum of the school district's FTE basic education classified instructional assistants for the school year as reported on Form S-277 or the S-275.
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NEW SECTION
WAC 392-140-742 K-3 Staff enhancement--Definition--Increase in K-3 basic education classified instructional assistants from 1989-90. "Increase in K-3 basic education classified instructional assistants from 1989-90" means the greater of zero and the number calculated for a school district as follows:
(1) Sum FTE K-3 basic education classified instructional assistants reported for school years through 1994-95 on SPI Form S-277 or for the 1995-96 school year and thereafter on the S-275, and any supplemental FTE K-3 basic education classified instructional assistants as reported on SPI Form 1158; and subtract
(2) 1989-90 K-3 basic education classified instructional assistants
as reported on SPI Form 1230.
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NEW SECTION
WAC 392-140-743 K-3 Staff enhancement--Definition--Recognized certificated staff ratio equivalent of increased K-3 classified instructional assistants. "Recognized certificated staff ratio equivalent of increased K-3 classified instructional assistants" means the number calculated for a school district with a K-3 certificated instructional staffing ratio of 51.00 or greater and an increase in K-3 basic education classified instructional assistants from 1989-90 as follows:
(1) Divide the increase in K-3 basic education classified instructional assistants from 1989-90 by FTE K-3 basic education enrollment;
(2) Multiply the result of subsection (1) of this section by 1000;
(3) Multiply the result of subsection (2) of this section by the ratio of actual average salary for basic education classified instructional assistants to average basic education certificated instructional staff salary for the purpose of apportionment;
(4) The lesser of 1.30 and the result of subsection (3) of this
section is the school district's recognized certificated staff ratio
equivalent of increased K-3 classified instructional assistants.
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NEW SECTION
WAC 392-140-744 K-3 Staff enhancement--School district reporting--Required reports. Each school district shall report to the
superintendent of public instruction on the S-275 and for school years
through 1994-95 on SPI Form S-277 the school district's FTE K-3 basic
education certificated instructional staff and FTE K-3 basic education
classified instructional assistants as of October 1 of the school year.
School districts shall report pursuant to instructions provided by the
superintendent of public instruction.
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NEW SECTION
WAC 392-140-745 K-3 Staff enhancement--School district reporting--Optional reports. At any time prior to September 30 of the following school year school districts may report to the superintendent of public instruction:
(1) Supplemental FTE K-3 staff for the school year on SPI Form 1158;
(2) One of the following optional periods of enrollment on SPI Form 1160:
(a) Enrollment for any month of the school year; or
(b) Annual average enrollment for the school year; and
(3) 1989-90 FTE K-3 classified instructional assistants on SPI Form
1230.
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NEW SECTION
WAC 392-140-746 K-3 Staff enhancement--Calculation of K-3 apportionment ratios. The superintendent of public instruction shall calculate each school district's ratio of state allocated certificated instructional staff units per one thousand K-3 students for state basic education apportionment as follows:
(1) If the school district's K-3 certificated instructional staffing ratio is 49.00 or less, the district's K-3 apportionment ratio shall be 49.00.
(2) If the school district's K-3 certificated instructional staffing ratio is greater than 49.00, and less than 51.00, the district's K-3 apportionment ratio shall be the same as the district's K-3 certificated instructional staffing ratio.
(3) If the school district's K-3 certificated instructional staffing ratio is 51.00 or greater, the district's K-3 apportionment ratio shall be the lesser of:
(a) 54.30; and
(b) The sum of the district's K-3 certificated instructional
staffing ratio and, if applicable, the district's recognized certificated
staff ratio equivalent of increased K-3 classified instructional
assistants.
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NEW SECTION
WAC 392-140-747 K-3 Staff enhancement--Reporting by the superintendent of public instruction. The superintendent of public instruction shall report to school districts as follows:
(1) Prior to January 31 of each school year the superintendent of public instruction shall provide each school district an initial SPI Report 1159. The report shall include any supplemental data received from the school district prior to January 1 of the school year.
(2) Within thirty days of receiving any of the following data from a school district the superintendent of public instruction shall provide the school district with an interim SPI Report 1159:
(a) Supplemental FTE K-3 staff on SPI Form 1158;
(b) Selection of optional enrollment on SPI Form 1160;
(c) Corrections to FTE K-3 basic education certificated instructional staff on the S-275; or
(d) Corrections to FTE K-3 basic education classified instructional assistants on SPI Form S-277 or on the S-275.
(3) Prior to January 1 of the following school year, the superintendent of public instruction shall provide each school district a final SPI Report 1159. The report shall include supplemental data for the school year received from the school district prior to September 30 of the following school year.
(4) Reports shall show the school district's K-3 certificated
instructional staffing ratio, recognized certificated staff ratio
equivalent of increased K-3 classified instructional assistants, and K-3
apportionment ratio for the school year.
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