WSR 09-07-043

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed March 11, 2009, 8:12 a.m. , effective April 11, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This is a "housekeeping" amendment to rule revisions in 2008 regarding the national board bonus. This amendment clarifies the eligibility criteria regarding which schools are deemed challenging, high poverty schools for the 2009-10 school year and thereafter, for purpose of the challenging, high poverty school bonus.

Citation of Existing Rules Affected by this Order: Amending WAC 392-140-973.

Statutory Authority for Adoption: RCW 28A.150.290(1).

Adopted under notice filed as WSR 09-01-089 on December 16, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 10, 2009.

Randy I. Dorn

Superintendent of

Public Instruction

OTS-2088.1


AMENDATORY SECTION(Amending WSR 08-17-013, filed 8/8/08, effective 9/8/08)

WAC 392-140-973   Salary bonus for teachers and other certificated staff who hold current certification by the national board -- Eligibility.   Candidates who are eligible for the bonus shall be limited to those meeting the following requirements:

(1) Hold current certification by the national board for professional teaching standards; and

(2) Who are:

(a) Teachers and other certificated staff employed full time or part time under written contract by Washington public school districts or educational service districts pursuant to RCW 28A.405.210; or

(b) Teachers and other certificated staff employed full time or part time by a contractor pursuant to WAC 392-121-188 and 392-121-206 (2)(a); or

(c) Teachers and other certificated staff employed full time or part time by the Washington school for the deaf or Washington school for the blind; or

(d) Beginning in the 2007-08 school year and thereafter, national board certified teachers who received the bonus as a teacher or other certificated instructional staff in Washington and become public school principals or vice-principals shall continue to receive the bonus for as long as they are principals or vice-principals and maintain the national board certification.

(3) In addition to bonuses provided by subsection (2) of this section, teachers and other certificated staff shall be eligible for additional bonuses if the employee is in an instructional assignment in challenging, high poverty schools, subject to the following conditions and limitations:

(a) For the 2007-08 school year, challenging, high poverty schools are schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced-price lunch program is at least 70 percent, as determined by any of the following sources:

(i) The October 2006 count by the child nutrition section of the office of superintendent of public instruction; or

(ii) The October 2006 count by the core student records system of the office of superintendent of public instruction.

(b) For the 2008-09 school year, challenging, high poverty schools are schools eligible by either:

(i) Subsection (3)(a) of this section; or

(ii) Schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:

(A) 70 percent for elementary schools;

(B) 60 percent for middle schools; or

(C) 50 percent for high schools; as determined by any of the following sources:

(D) The October 2007 count by the child nutrition section of the office of superintendent of public instruction; or

(E) The October 2007 count by the core student records system of the office of superintendent of public instruction. For purposes of the national board challenging, high poverty schools bonus, a building shall be categorized based upon the highest grades served as follows:

(I) A building whose highest grade served is 6th grade or lower shall be considered an elementary school;

(II) A building whose highest grade served is either 7th, 8th, or 9th grade shall be considered a middle school; and

(III) A building whose highest grade served is either 10th, 11th, or 12th grade shall be considered a high school; provided, that, a building shall not be considered unless it serves greater than 20 students as of the October 2006 count, and greater than 30 students as of the October 2007 count, or is the largest building in the district serving its designated category.

(c) For the 2009-10 school year and thereafter, challenging, high poverty schools are schools eligible by either:

(i) Eligibility in the prior year; or

(ii) Schools where, for ((either of)) the ((two)) prior year((s)), the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:

(((i))) (A) 70 percent for elementary schools;

(((ii))) (B) 60 percent for middle schools; or

(((iii))) (C) 50 percent for high schools; as determined by the October count of the core student records system of the office of superintendent of public instruction.

(d) Teachers and other certificated staff that meet the qualifications for additional bonuses under this subsection who are assigned for less than one full school year or less than full time for the school year shall receive the additional bonuses in a prorated manner, subject to the following conditions and limitations:

(i) The portion of the employee's assignment to challenging, high poverty schools shall be determined as of either October 1 of the current school year or the employee's employment contract date for the current school year.

(ii) If the employee's assignment to challenging, high poverty schools is less than 1.0 full-time equivalent, the proration shall use the methodology in WAC 392-121-212 and shall be rounded to three decimal places.

(e) Principals and vice-principals shall not be eligible for additional bonuses that are based on instructional assignments in challenging, high poverty schools.

[Statutory Authority: RCW 28A.150.290(1). 08-17-013, 392-140-973, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 514(12). 02-15-023, 392-140-973, filed 7/9/02, effective 8/9/02.]

Washington State Code Reviser's Office