WSR 16-07-151 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed March 23, 2016, 9:58 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-04-109.
Title of Rule and Other Identifying Information: WAC 392-122-107 Definition—Report 1220 and 392-122-710 Distribution of state moneys for the transitional bilingual program.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Policy Conference Room, 600 South Washington, Olympia, WA 98501, on April 28, 2016, at 9:30 a.m.
Date of Intended Adoption: May 2, 2016.
Submit Written Comments to: Becky McLean, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail becky.mclean@k12.wa.us, fax (360) 664-3683, by April 28, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by April 21, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These WAC require updating to address the additional June count day that went into effect for the 2012-13 school year and changed the special education and transitional bilingual funding to a nine month average of reported enrollment.
Reasons Supporting Proposal: OSPI funds special education and transitional bilingual programs based on a nine month average as required by the operating budget. These revisions will update current practice.
Statutory Authority for Adoption: RCW 28A.150.290.
Statute Being Implemented: RCW 28A.150.250.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: JoLynn Berge, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact, no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
March 22, 2016
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-122-107 Definition—Report 1220.
"Report 1220" means the school district's and charter school's special education allocation report calculated and prepared by the superintendent of public instruction using the district's or charter school's ((eight-month)) nine-month average annual headcount enrollment as submitted on Form P-223H for the school year and for the 1994-95 school year the ratios and percentages established in the LEAP document for state special education program allocation as defined in WAC 392-122-105. For the purpose of special education allocations, the district's or charter school's ((eight-month)) nine-month average annual headcount enrollment shall be the average of the enrollments for the first school day of ((the second reporting month and the subsequent seven months)) October through June.
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-122-710 Distribution of state moneys for the transitional bilingual program.
The superintendent of public instruction shall apportion to districts or charter schools for the state transitional bilingual program the amount calculated per district in WAC 392-122-705 according to the apportionment schedule provided in RCW 28A.510.250. Monthly payments to districts and charter schools shall be adjusted during the year to reflect changes in the district's or charter school's reported eligible students as reported on the P223, monthly report of school district enrollment form. For the purpose of transitional bilingual allocations, the district's or charter school's ((eight-month)) nine-month average annual headcount enrollment of eligible students as defined in WAC 392-160-005(3) and 392-160-015 shall be the average of such enrollment for the first school day of ((the second reporting month and the subsequent seven months)) October through June.
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