WSR 18-11-018 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed May 4, 2018, 8:51 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-07-116. Title of Rule and Other Identifying Information: WAC 392-140-973 Finance—Special allocations—Salary bonus for teachers and other certificated staff who hold current certification by the national board—Eligibility. Hearing Location(s): On June 26, 2018, at 11:00 a.m., at the Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Olympia, WA 98501. Date of Intended Adoption: June 28, 2018. Submit Written Comments to: Ross Bunda, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, email ross.bunda@k12.wa.us, fax 360-664-3683, by June 26, 2018. Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-754-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by June 19, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed revision to WAC 392-140-973 would provide a common time frame with other school apportionment processes to compile and calculate student poverty data for the purposes of the national board bonus for instructional assignment in challenging, high poverty schools. Reasons Supporting Proposal: The proposed revision will help ensure commonality with other school apportionment processes and improve administrative efficiciences [efficiencies]. Rule is not necessitated by federal law, federal or state court decision. Name of Agency Personnel Responsible for Drafting: Ross Bunda, OSPI, 600 South Washington Street, Olympia, WA, 360-725-6308; Implementation and Enforcement: T. J. Kelly, OSPI, 600 South Washington Street, Olympia, WA, 360-725-6301. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.030. Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2). May 4, 2018 Chris P. S. Reykdal State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 16-23-102, filed 11/17/16, effective 12/18/16)
WAC 392-140-973 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board—Eligibility.
Staff that 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 during the entire school year, unless otherwise specified in the state Biennial Operating Appropriations Act; and
(2) Who are:
(a) Teachers and other certificated instructional 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;
(b) Teachers and other certificated instructional staff employed full time or part time by a contractor pursuant to WAC 392-121-188 and 392-121-206 (2)(a);
(c) Teachers and other certificated instructional staff employed full time or part time by the Washington school for the deaf or Washington school for the blind; or
(d) Teachers and other certificated instructional staff employed full time or part time by a charter school.
(3) In addition to bonuses provided by subsection (2) of this section, teachers and other certificated instructional staff shall be eligible for additional bonuses if in an instructional assignment in challenging, high poverty schools, subject to the following conditions and limitations:
(a) 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 was at least:
(i) 70 percent for elementary schools;
(ii) 60 percent for middle schools; or
(iii) 50 percent for high schools; as determined by the October 1st count of the comprehensive education data and research system (CEDARS) or successor data collection and reporting systems, of the office of superintendent of public instruction, on ((May 1st)) March 31st of that prior year: Provided, That schools operating during the current school year as their first year may qualify as challenging, high poverty schools based upon current year data, as determined by the October 1st count on ((May 1st)) March 31st of the current year.
(b) For purposes of the national board challenging, high poverty schools bonus, a school shall be categorized based upon the highest grade served as follows:
(i) A school whose highest grade served is 6th grade or lower shall be considered an elementary school;
(ii) A school whose highest grade served is either 7th, 8th, or 9th grade shall be considered a middle school;
(iii) A school whose highest grade served is either 10th, 11th, or 12th grade shall be considered a high school.
(c) A school shall be considered only if it serves thirty or more students, or is the largest school in the district serving its designated category.
(d) Schools that provide institutional education programs pursuant to WAC 392-122-205 shall be designated as challenging, high poverty schools with the student headcount enrollment eligible for the federal free or reduced price lunch program at one hundred percent and shall not be subject to the requirement in this subsection of serving thirty or more students.
(e) The student enrollment data used shall include the state-funded students in kindergarten through twelfth grade, plus prekindergarten students in special education.
(f) Teachers and other certificated instructional staff that meet the qualifications for the challenging, high poverty schools bonus 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 challenging, high poverty schools bonus 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 June 15th of the 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.
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