PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-20-015.
Title of Rule: WAC 180-16-195 Annual reporting and review process, 180-16-220 Supplemental program and basic education allocation entitlement requirements, and 180-16-240 Compliance with other program requirements.
Purpose: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary wording, repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.
Statutory Authority for Adoption: RCW 28A.150.250, 28A.150.260, and 28A.15.220 [28A.150.220].
Summary: Review of administrative rules adopted within the confines of the authority granted to State Board of Education.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.
Name of Proponent: State Board of Education.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Purpose of determining compliance or noncompliance with basic education entitlement requirements; related supplemental conditions to a school district's entitlement to state basic education allocation funds; and school district adoption of a procedure ensuring awareness of and compliance with taking appropriate measures to safeguard all student and school district permanent records against loss or damage.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption. Not applicable.
Hearing Location: Department of Labor and Industries, 7273 Linderson Way, Tumwater, WA 98504-4400, on March 18, 1999, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Carolyn Berger by March 5, 1999, TDD (360) 664-3631, or (360) 753-6715.
Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by March 5, 1999.
Date of Intended Adoption: March 19, 1999.
February 1, 1999
Larry Davis
Executive Director
OTS-2619.3
AMENDATORY SECTION(Amending Order 2-84, filed 5/17/84)
WAC 180-16-195
Annual reporting and review process.
(1) Annual district reports. A review of each school district's kindergarten through twelfth grade program shall be conducted annually for the purpose of determining compliance or noncompliance with these basic education allocation entitlement requirements. On or before the third Monday in October of each school year, each school district superintendent shall complete and return the program data report form(s) prepared and distributed by the superintendent of public instruction. Such forms shall be designed to elicit data necessary to a determination of a school district's compliance or noncompliance with these entitlement requirements. Data reported on any such form(s) by a school district shall accurately represent the actual status of the school district's program as of the first school day in October and as thus far provided and scheduled for the entire current school year. Such forms shall be signed by:
(a) The school board president or chairperson, and
(b) The superintendent of the school district.
(2) State staff review. ((The superintendent of public
instruction)) State board of education staff shall review each
school district's program data report and such supplemental state
reports as staff ((deemed)) deems necessary, conduct on-site
monitoring visits of randomly selected school districts and
prepare recommendations and supporting reports for presentation
to the state board of education: Provided, That, if a school
district's initial program data report and any other state
reports considered do not establish compliance with these basic
education allocation entitlement requirements, the district shall
be provided the opportunity to explain the deficiency and provide
supplemental data. School districts which foresee that they will
not be able to comply with these entitlement requirements or that
are deemed by the ((superintendent of public instruction)) state
board to be in noncompliance may petition for a waiver on the
basis of the limited ground of substantial lack of classroom
space as set forth in WAC 180-16-225.
(3) Annual certification of compliance or noncompliance--Withholding of funds for noncompliance.
(a) At the annual March meeting of the state board of education, or at such other meeting as the board shall designate, the board shall certify each school district as being in compliance or noncompliance with these basic education allocation entitlement requirements.
(b) A certification of compliance shall be effective for the
then current school year subject to any subsequent ad hoc review
and determination of noncompliance as may be deemed necessary
((or advisable)) by the state board of education or advisable by
the superintendent of public instruction. In addition, a
certification of compliance shall be effective tentatively for
the succeeding school year until such time as the state board
takes its annual action certifying compliance or noncompliance
with these entitlement requirements.
(c) A certification of noncompliance shall be effective
until program compliance is assured by the school district to the
satisfaction of ((the superintendent of public instruction))
state board of education staff, subject to review by the state
board. Basic education allocation funds shall be deducted from
the basic education allocation of a school district that has been
certified as being in noncompliance unless such district has
received a waiver, pursuant to WAC 180-16-225, from the state
board for such noncompliance, or assurance of program compliance
is subsequently provided for the school year previously certified
as in noncompliance and is accepted by the state board.
(d) The withholding of basic education allocation funding
from a school district shall occur for a noncompliance provided
that the school district has been given a reasonable amount of
time to remediate the noncompliance situation, not to exceed
forty school business days from the time the district receives
notice of the noncompliance from the ((superintendent of public
instruction)) state board of education. It is presumed that
forty school business days is a reasonable time for school
districts to correct an existing noncompliance. The
((superintendent of public instruction)) state board of education
may extend such timeline only if the district demonstrates, by
clear and convincing evidence, that such timeline is not
reasonable to make the necessary corrections. For the purposes
of this section, a school business day shall mean any calendar
day, exclusive of Saturdays, Sundays, and any federal and school
holidays upon which the office of the superintendent of the
school district is open to the public for the conduct of
business. A school business day shall be concluded or terminated
upon the closure of said office for the calendar day.
(e) The superintendent of public instruction, or his/her designee, after notification by the state board of education to a school district regarding an existing noncompliance, shall enter into a compliance agreement with the school district that shall include, but not be limited to, the following criteria:
(i) A deadline for school district remediation of the noncompliance(s), not to exceed forty school business days per noncompliance as specified in (d) of this subsection.
(ii) A listing of all the noncompliance areas and the necessary terms that must be satisfied in each area in order for the school district to gain compliance status. This listing also shall specify additional deadlines for the accomplishment of the stated terms if different from the final deadline as specified in subsection (1) of this section.
(iii) A closing statement specifying that a school district's failure to remediate a noncompliance by the determined deadline shall result in the immediate withholding of the district's basic education allocation funding by the superintendent of public instruction.
(iv) The date and the signatures of the superintendent of the school district, or his/her designee, and the superintendent of public instruction, or his/her designee, to the agreement. A copy of the completed compliance agreement shall be sent to the chairperson of the school district's board of directors.
(f) In the event a school district fails to sign the compliance agreement within five school business days from the date of issuance or does not satisfy the terms of the signed compliance agreement within the designated amount of time, the superintendent of public instruction shall withhold state funds for the basic education allocation until program compliance is assured.
(g) The superintendent of public instruction shall withhold state funds for the basic education allocation to a school district based on the following procedure:
(i) For the first month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold twenty-five percent of the state funds for the basic education allocation to a school district.
(ii) For the second month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold fifty percent of the state funds for the basic education allocation to a school district.
(iii) For the third month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold seventy-five percent of the state funds for the basic education allocation to a school district.
(iv) For the fourth month, and every month thereafter, that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold one hundred percent of the state funds for the basic education allocation to a school district until compliance is assured.
(h) Any school district may appeal to the state board of
education the decision of noncompliance by the ((superintendent
of public instruction)) state board of education staff. Such
appeal shall be limited to the interpretation and application of
these rules and regulations by such superintendent of public
instruction. Such appeal shall not stay the withholding of any
state funds pursuant to this section. The state board of
education may not waive any of the basic education entitlement
requirements as set forth in this chapter, except as provided in
WAC 180-16-225.
[Statutory Authority: RCW 28A.58.754(6). 84-11-043 (Order 2-84), § 180-16-195, filed 5/17/84. Statutory Authority: RCW 28A.04.120. 83-13-002 (Order 3-83), § 180-16-195, filed 6/2/83. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), § 180-16-195, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. 78-06-097 (Order 3-78), § 180-16-195, filed 6/5/78.]
The following
requirement((s)), while not imposed by the "Basic Education Act
of 1977," ((are)) is hereby established by the state board of
education as a related supplemental condition((s)) to a school
district's entitlement to state basic education allocation funds.
(((1) Student to certificated staff ratio requirement. The
ratio of students enrolled in a school district to full-time
equivalent certificated employees shall not exceed twenty-three
to one: Provided, That nonhigh school districts or school
districts that have a student enrollment of two hundred fifty or
less in grades nine through twelve may, as an alternative to the
foregoing requirement, have a ratio of students to full-time
equivalent certificated classroom teachers of twenty-six to one
or less. For the purpose of this subsection, "certificated
employees" shall mean those employees who are required by state
statute or by rule of the state board of education, or by written
policy of the school district to possess a professional education
permit, certificate or credential issued by the superintendent of
public instruction, as a condition to employment and "classroom
teacher" shall be defined as in WAC 180-16-210 and the students
to classroom teachers ratio shall be computed in accordance with
WAC 180-16-210(1).
(2))) Current and valid certificates. Every school district
employee required by WAC ((180-75-055)) 180-79A-140 to possess a
professional education permit, certificate, or credential issued
by the superintendent of public instruction for his/her position
of employment, shall have a current and valid permit, certificate
or credential. In addition, effective August 31, 1987, classroom
teachers, principals, vice principals, and educational staff
associates shall be required to possess endorsements as required
by WAC ((180-16-221, 180-16-231, and 180-16-236)) 180-82-105,
180-82-120, and 180-82-125, respectively.
(((3) Other program requirements self evaluation. Each
school district shall adopt a procedure to ensure awareness of
and compliance with other program requirements, including
provisions set forth in WAC 180-16-240.))
[Statutory Authority: RCW 28A.58.754(6), 28A.58.085 and 28A.58.090. 90-01-137, § 180-16-220, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.58.090. 86-20-056 (Order 14-86), § 180-16-220, filed 9/29/86. Statutory Authority: RCW 28A.58.754(6). 86-13-015 (Order 5-86), § 180-16-220, filed 6/10/86; 84-11-043 (Order 2-84), § 180-16-220, filed 5/17/84. Statutory Authority: 28A.04.120(4). 81-08-026 (Order 1-81), § 180-16-220, filed 3/26/81. Statutory Authority: RCW 28A.04.120. 80-06-093 (Order 7-80), § 180-16-220, filed 5/29/80. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), § 180-16-220, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. 78-06-097 (Order 3-78), § 180-16-220, filed 6/5/78.]
The following section of the Washington Administrative Code is repealed:
| WAC 180-16-240 | Compliance with other program requirements. |