EMERGENCY RULES
PUBLIC INSTRUCTION
Effective Date of Rule: Immediately.
Purpose: To establish the rules and process for determining which schools are eligible for enhanced funding through the K-3 high poverty class size reduction.
Statutory Authority for Adoption: This funding mechanism was established in the 2011-13 biennial budget bill. The bill states that schools with greater than fifty percent poverty will have K-3 class size funded at 24.10 instead of the regular K-3 class size of 25.23 as established in SHB 2776. The office of superintendent of public instruction was tasked with the process and implementation behind determining eligible schools, and allocating the funds appropriately to those schools.
Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.
Reasons for this Finding: Without guidance with respect to school eligibility and funding implementation, the high poverty funding enhancement would not be possible.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 12, 2011.
Randy Dorn
State Superintendent
of Public Instruction
OTS-4213.1
NEW SECTION
WAC 392-140-915
High poverty funding -- Process and
definition of eligible schools.
For the purposes of this
section, an eligible school is one in which the free and
reduced priced lunch percentage for students in grades K-6
exceeds fifty percent within the school building, and the
school is not part of a district that receives any type of K-6
small school or remote and necessary funding. CEDARS data as
of October of the previous school year will be used to
determine school eligibility. If a school is determined to be
eligible, the K-3 full-time equivalent enrollment as reported
to the office of superintendent of public instruction on the
P-223 will be used to generate funding at an enhanced class
size as determined by the legislature.
A preliminary CEDARS extract of October data will be pulled on March 31st to be used to determine a preliminary list of eligible schools to be published in April. This list will be used by districts as a basis for estimating the total eligible high poverty enrollment to be put into the F-203 for budgeting purposes. Districts will have until September 30th to make adjustments to this data before it is considered final for funding purposes.
A secondary CEDARS extract of October data will be pulled on July 30th. An updated list of eligible schools will be presented to districts in August.
On September 30th, the October CEDARS data for the previous school year will be considered final for K-3 high poverty funding purposes. A final data extract will be used to determine schools that are eligible for high poverty funding. Final determination of eligible schools for the current school year will be available in mid-October.
Funding of K-3 high poverty schools will be based upon budgeted K-3 enrollment in eligible high poverty schools as stated in a district's F-203 from September through December. Funding based on average annual full-time equivalent enrollment reported in final approved eligible schools will begin in January and continue through August.
[]