WSR 01-01-024

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed December 7, 2000, 2:28 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-18-039.

Title of Rule: Elimination of Program 94 - Instructional support

Purpose: To remove references to Program 94 from three sections of the Office of the Superintendent of Public Instruction's (OSPI) existing rules.

Other Identifying Information: Three WAC sections to be revised are WAC 392-121-210, 392-140-903, and 392-140-956.

Statutory Authority for Adoption: RCW 28A.150.290, 28A.505.140.

Summary: Program 94 has been eliminated from the school district account code structure effective 2000-01. Rule amendments are required to remove references to program 94 from OSPI's existing rules.

Name of Agency Personnel Responsible for Drafting: Linda Harrison, Office of Superintendent of Public Instruction, (360) 753-2289; Implementation: Allen H. Jones, Office of Superintendent of Public Instruction, (360) 753-6708; and Enforcement: Michael L. Bigelow, Office of Superintendent of Public Instruction, (360) 753-1718.

Name of Proponent: Office of 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: Before the 2000-01 school year, most instruction expenditures (principal's office, guidance and counseling, learning resources, etc.) were recorded in Program 94 Instruction Support. OSPI, in conjunction with the State Auditor's Office (SAO), eliminated Program 94 from the school district account code structure beginning with the 2000-01 school year. Instructional support costs formerly charged to Program 94 will now be charged in other instructional programs, primarily Program 01, Basic Education. Expenditures for instruction support activities will continue to be identifiable using the activity account code structure used by school districts.

Rule amendments proposed are needed to remove references to Program 94 from three sections of OSPI's rules. The three rule sections affected are WAC 392-121-210 Definition -- Basic education certificated instructional employee, 392-140-903 K-4 Staff enhancement -- Definitions, and 392-140-956 Learning improvement days -- Other definitions.

These changes have no state or local fiscal impact if all Program 94 staff are coded to basic education programs (01, 31, 45, and 97). Coding Program 94 to other instructional programs may have minor fiscal impacts on a school district's state-funded basic education K-4 ratio, average funded mix factor or learning improvement days.

Proposal Changes the Following Existing Rules: Eliminates references to Program 94 - Instruction Support.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact.

RCW 34.05.328 does not apply to this rule adoption. This rule only applies to governmental entities and is excepted under RCW 34.05.328 (5)(b)(ii).

Hearing Location: Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on January 23, 2001, at 9 a.m.

Assistance for Persons with Disabilities: Contact Sheila Emery by January 9, 2001, TDD (360) 664-3631.

Submit Written Comments to: Legal Services, OSPI, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by January 22, 2001.

Date of Intended Adoption: January 24, 2001.

December 7, 2000

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-4242.1


AMENDATORY SECTION(Amending Order 99-01, filed 3/25/99, effective 4/25/99)

WAC 392-121-210   Definition -- Basic education certificated instructional employee.   As used in this chapter, "basic education certificated instructional employee" means a district certificated instructional employee or a contractor 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; and

(4) ((Instruction support, program 94; and

(5))) District-wide support, program 97.

[Statutory Authority: 1997 c 265 6 and RCW 28A.150.290. 99-08-008 (Order 99-01), 392-121-210, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), 392-121-210, filed 10/18/95, effective 11/18/95; 92-23-044 (Order 92-15), 392-121-210, filed 11/16/92, effective 12/17/92. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-210, filed 1/11/88.]

OTS-4243.1


AMENDATORY SECTION(Amending WSR 00-02-063, filed 1/3/00, effective 2/3/00)

WAC 392-140-903   K-4 Staff enhancement -- Definitions.   As used in WAC 392-140-900 through 392-140-913:

(1) "Report S-275" means the school district personnel report as defined in WAC 392-121-225.

(2) "Form SPI 1158" means the form provided by the superintendent of public instruction on which school districts report supplemental K-12 full-time equivalent (FTE) staff and/or supplemental K-4 FTE staff for the school year.

(3) "Report 1159" means the report produced by the superintendent of public instruction displaying the calculations of K-4 certificated instructional staffing and K-4 apportionment ratios and other information as necessary.

(4) "Form SPI 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.

(5) "Form SPI 1230" means the form provided by the superintendent of public instruction on which school districts have the option of reporting 1989-90 FTE K-3 basic education classified instructional assistants pursuant to WAC 392-140-716 and 392-140-745.

(6) "Form SPI 1230K-4" means the form provided by the superintendent of public instruction on which school districts have the option of reporting 1989-90 FTE K-4 basic education classified instructional assistants after September 1, 1999.

(7) "FTE K-4 basic education enrollment" means the school district's K-4 full-time equivalent enrollment reported for basic education funding pursuant to WAC 392-121-122 for the month of October or such other period selected by the district on optional Form SPI 1160.

(8) "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:

(a) Basic education, program 01;

(b) Vocational, basic, state, program 31;

(c) Skills center, basic, state, program 45; and

(d) ((Instruction support, program 94; and

(e))) District-wide support, program 97.

(9) "FTE K-4 basic education certificated instructional employee" means for a FTE basic education certificated instructional employee the following:

(a) If the basic education certificated instructional employee serves only K-4 students, one hundred percent of the FTE assigned to basic education; or

(b) If the basic education certificated instructional employee serves K-4 students and students of one or more other grades, multiply the FTE assigned to basic education by:

(i) The proportion of time spent serving K-4 students to all time serving students;

(ii) The proportion of K-4 students served to all students served; or

(iii) Any combination of (i) or (ii) of this subsection as appropriate.

(10) "FTE K-4 basic education certificated instructional staff" means the sum of FTE K-4 basic education certificated instructional employees for a school district.

(11) "Basic education classified instructional assistant" means a person who is assigned in whole or in part to:

(a) Program 01 - basic education; 31 - vocational, basic, state; or 45 - skills center, basic, state; and

(b) Activity 27 - teaching; and

(c) Duty 910 - aide.

(12) "Basic education classified instructional assistant FTE" means the number determined for a basic education classified instructional assistant as follows:

(a) Determine the hours per year that the employee is assigned as a basic education classified instructional assistant; and

(b) Divide by 2080.

(13) "District FTE K-4 basic education classified instructional assistants" means the sum of a school district's FTE K-4 basic education classified instructional assistants.

(a) If the basic education classified instructional assistant serves only K-4 students, one hundred percent of the FTE determined pursuant to WAC 392-140-903(12).

(b) If the basic education classified instructional assistant serves K-4 students and students of one or more other grades, multiply the FTE determined pursuant to WAC 392-140-903(12) by:

(i) The proportion of time spent serving K-4 students to all time serving students;

(ii) The proportion of K-4 students served to all students served; or

(iii) Any combination of (b)(i) or (ii) of this subsection as appropriate.

(14) "Actual average salary for basic education classified instructional assistants" means the dollar amount determined for a school district for a school year as follows:

(a) For each basic education certificated instructional assistant reported on Report S-275 determine the assignment salary reported;

(b) Sum the dollar amounts determined pursuant to (a) of this subsection; and

(c) Divide the result of (b) of this subsection by the sum of the school district's FTE basic education classified instructional assistants as reported on Report S-275.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-903, filed 1/3/00, effective 2/3/00.]


AMENDATORY SECTION(Amending Order 98-07, filed 9/28/99, effective 9/29/99)

WAC 392-140-956   Learning improvement days--Other definitions.   As used in WAC 392-140-950 through 392-140-967:

(1) "Certificated instructional staff" means district certificated instructional employees and contractor certificated instructional employees as defined in WAC 392-121-205 and 392-121-206.

(2) "Base contract" means a contract protected by the continuing contract law, RCW 28A.405.300. The base contract does not include hours or compensation provided under a supplemental contract as defined in RCW 28A.400.200.

(3) "Number of days in the base contract" means the number of full work days in the school year for a full-time certificated instructional employee holding the position for the full school year. Days include paid leave. The number of hours in a full work day is determined by each school district. Days scheduled before September 1 can be counted in the school year if included and compensated in the base contract for the school year beginning September 1.

(4) "Selected state-funded programs" means the following programs as defined in the Accounting Manual for Public School Districts in the State of Washington:

01 Basic Education

21 Special Education-Supplemental-State

31 Vocational-Basic-State

45 Skills Center-Basic-State

55 Learning Assistance Program-State

65 Transitional Bilingual-State

74 Highly Capable

((94 Instruction Support))

97 District-wide Support

(5) "State institutional education programs" means the following programs:

26 Special Education-Institutions-State

56 State Institutions, Centers, and Homes-Delinquent

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 503(7). 99-20-021 (Order 98-07), 392-140-956, filed 9/28/99, effective 9/29/99.]

Washington State Code Reviser's Office