Original Notice.

Preproposal statement of inquiry was filed as WSR 00-09-072.

Title of Rule: WAC 392-140-920 through 392-140-938, better schools.

Purpose: Rules are required for permanent adoption of emergency rules to fund better schools program which provides additional funding to school districts to assist students in meeting the essential academic learning requirements.

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

Summary: The rules implement the better schools program which govern allocation and expenditure of state better schools funding for class size reduction and extended learning opportunities.

Reasons Supporting Proposal: Permanent adoption of emergency rules in WAC 392-140-920 through 392-140-938 will allow for a formal hearing and consideration of additional public comment on better schools funding provided in the 2000 legislative session.

Name of Agency Personnel Responsible for Drafting: Linda Harrison, Office of Superintendent of Public Instruction, (360) 753-2298; Implementation: Allen Jones, Office of Superintendent of Public Instruction, (360) 753-6708; and Enforcement: Mike Bigelow, Office of Superintendent of Public Instruction, (360) 753-1718.

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules implement the better schools programs funded in the 2000 state supplemental budget (section 518, chapter 1, Laws of 2000 2nd sp. sess.).

     These programs provide additional funding to school districts to assist students in meeting the essential academic learning requirements.

     The proposed change to the existing emergency rules will clarify the conditions for receipt of moneys. It is anticipated that the effect of permanent adoption of the rules to implement better school programs will facilitate school district's understanding of how better schools allocations are calculated and paid by the Superintendent of Public Instruction, conditions for receipt of moneys and grounds for reducing or recovering allocations, and school district requirements for accounting for better schools revenues and expenditures.

Proposal Changes the Following Existing Rules: Existing rules are emergency rules adopted on June 8, 2000.

     The only proposed change to the existing emergency rules pertain to WAC 392-140-935. This proposal removes the last sentence of that section and replaces it with language taken verbatim from the legislative appropriations language.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact.

RCW 34.05.328 does not apply to this rule adoption. The Superintendent of Public Instruction 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).

Hearing Location: Preston Conference Room, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on October 11, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Sheila Emery by September 27, 2000, TDD (360) 664-3631.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by October 10, 2000.

Date of Intended Adoption: October 12, 2000.

August 29, 2000

Dr. Terry Bergeson

Superintendent of Public Instruction

OTS-4199.2

BETTER SCHOOLS -- STAFF
NEW SECTION
WAC 392-140-920
Better schools -- Staff -- Applicable provisions -- Authority -- Purpose.

The provisions of WAC 392-140-920 through 392-140-930 govern allocation and expenditure of state better schools moneys for class size reduction and extended learning opportunities. The authority for these rules is the better schools program language in the state Operating Appropriations Act and RCW 28A.150.290(1). The purpose of this funding is to reduce class size and provide extended learning opportunities to assist students in meeting the essential academic learning requirements and student assessment performance standards.

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As used in WAC 392-140-920 through 392-140-930:

     (1) The following terms mean the same as defined in WAC 392-140-903:

     Report S-275;

     Form SPI 1158;

     Report 1159;

     Form SPI 1160;

     FTE K-4 basic education enrollment;

     Actual average salary for basic education classified instructional assistants.

     (2) "Better schools certificated instructional employee" means a certificated instructional employee as defined in WAC 392-121-205 employed to reduce class size and/or provide additional student contact for the purposes of the better schools program as defined in the state Operating Appropriations Act and assigned in whole or in part to Program 62 Better Schools -- Staff -- State as defined in the Accounting Manual for Public School Districts in the State of Washington:

     (3) "Supplemental contracts for extended learning opportunities" means time-related supplemental contracts with certificated instructional employees to provide additional classroom contact hours beyond the normal school day for more than half-day or half-year kindergarten, before-and-after school programs, weekend school programs, summer school programs, and inter-session opportunities to assist students in meeting the essential academic learning requirements and student assessment performance standards.

     (4) "District FTE K-4 better schools certificated instructional staff" means the sum of:

     (a) The district's full-time equivalent better schools certificated instructional employees in grades kindergarten through four (K-4) determined in the same manner as basic education staff in WAC 392-140-903 (9) and (10) substituting the better schools program for basic education programs; plus

     (b) One FTE for each 900 hours of supplemental contracts for extended learning opportunities for students in grades K-6 in the better schools program.

     (5) "Better schools classified instructional assistant" means a person employed to provide additional student contact for the purposes of the better schools program as described in the state Operating Appropriations Act and assigned in whole or in part to:

     (a) Program 62 - better schools -- Staff -- State;

     (b) Activity 27 - teaching; and

     (c) Duty 910 - aide.

     (6) "Better schools classified instructional assistant FTE" means the number determined for a better schools classified instructional assistant as follows:

     (a) Determine the hours per year that the employee is assigned as a better schools classified instructional assistant; and

     (b) Divide by 2080.

     (7) "District FTE better schools classified instructional assistants" means the sum of a school district's better schools classified instructional assistant FTE staff.

     (8) "Certificated FTE equivalent of better schools classified instructional assistants" means the number determined for a school district as follows:

     (a) Sum the district's FTE better schools classified instructional assistants from Report S-275 and any net change in FTE classified instructional assistants after October 1 as reported on Form SPI 1158;

     (b) Multiply the result of subsection (8)(a) of this section by the ratio of the district's actual average salary for basic education classified instructional assistants to the district's average basic education certificated instructional staff salary for the purpose of general apportionment.

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(1) Districts shall report better schools staff on Report S-275.

     (a) Supplemental contracts for extended learning opportunities shall identify the number of hours of student contact for the school year.

     (b) Changes in supplemental contracts for extended learning opportunities after October 1 as updates to Report S-275.

     (c) Contracted staff shall be reported to the extent feasible using duty codes provided for contracted staff.

     (2) Districts may report net changes in better schools staff after October 1 on optional Form SPI 1158 as follows:

     (a) Determine the better schools FTE that would be reported for each employee for the school year on Report S-275 if the current date were substituted for the October 1 snapshot date as required in S-275 instructions and subtract the better schools FTE as of October 1 actually reported for the employee on the school district's most current Report S-275.

     (b) Include decreases as well as increases in staff after October 1 not reflected in Report S-275. Decreases include terminations, retirements, unpaid leave, and reassignment of staff.

     (c) Identify changes by grade group when appropriate.

     (3) Districts may select an alternate month for the K-4 basic education enrollment used in calculating better schools staff ratios by filing optional Form SPI 1160. The month selected shall be used for both basic education and better schools staff ratio calculations.

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A school district's K-4 better schools staff ratio is calculated as follows:

     (1) Sum the district's FTE K-4 better schools certificated instructional staff from Report S-275 and Form SPI 1158;

     (2) Divide the result of subsection (1) of this section by the district's K-4 basic education enrollment; and

     (3) Multiply the result of subsection (2) of this section by 1000.

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A school district's combined K-4 staff ratio equals the sum of:

     (1) The district's K-4 basic education staff ratio determined pursuant to WAC 392-140-910;

     (2) The district's K-4 better schools staff ratio determined pursuant to WAC 392-140-925.

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A school district's state-funded better schools staff ratio shall be the lesser of 2.2 or the number determined as follows:

     (1) If the district's combined K-4 staff ratio is less than 55.4 then:

     (a) Sum the district's FTE K-4 better schools certificated instructional staff from Report S-275 and Form SPI 1158;

     (b) Divide the result of (a) of this subsection by the district's K-4 basic education enrollment; and

     (c) Multiply the result of (b) of this subsection by 1000.

     (2) If the district's combined K-4 staff ratio is 55.4 or greater then include the following additional staff FTE in the calculation of the district's state-funded better schools staff ratio:

     (a) FTE grades 5-12 better schools certificated instructional staff from Report S-275 and Form SPI 1158;

     (b) Grades 7-12 supplemental contracts for extended learning opportunities from Report S-275.

     (c) The certificated FTE equivalent of better schools classified instructional assistants determined pursuant to WAC 392-140-922(8).

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A school district may request an adjustment to the state-funded better schools staff ratio by submitting a letter to the superintendent of public instruction. The superintendent shall allow adjustments to districts demonstrating that the district has appropriately expended the better schools staff allocation but has not reached the 2.2 staff ratio for one or more of the following reasons:

     (1) Contracted services for students are not reflected on Report S-275.

     (2) The district's better schools staff ratio is adversely affected by participation in a consortium or interdistrict cooperative.

     (3) The mix factor of better schools staff significantly exceeded the district's basic education mix factor used for better schools funding.

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A school district's better schools staff allocation for a school year shall be calculated as follows:

     (1) Determine the number of funded certificated instruction staff units by multiplying the district's state-funded better schools staff ratio by the district's annual average K-4 FTE students for purpose of general apportionment and divide by 1000; and

     (2) Calculate the value of these funded staff units using the district's general apportionment funding factors including the district's basic education mix factor, LEAP certificated instructional base salary, learning improvement days, and state-funded health insurance, mandatory benefit, nonemployee related cost, and substitute teacher rates.

     (3) Allocations for the months of September through December shall be based on the district's budgeted funding variables use for general apportionment including K-4 FTE students, basic education mix factor, learning improvement days and state-funded better schools staff ratio. Beginning in January, allocations shall be based on funding variables calculated by the superintendent of public instruction using the most current enrollment data and personnel data reported by the district received by the superintendent of public instruction by the 15th of the month.

     (4) Better schools staff allocations shall be paid out on the apportionment payment schedule in RCW 28A.510.250.

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Beginning in January of each school year, the superintendent of public instruction will provide to each school district monthly reports showing the calculation of the district's state-funded better schools staff ratio and state allocation for better schools staff.

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The provisions of WAC 392-140-935 through 392-140-938 govern the allocation and expenditure of state moneys for professional development in the better schools program. The authority for these rules is the better schools program language in the Biennial Operating Appropriations Act and RCW 28A.150.290(1). This funding is to be used for additional professional development for certificated and classified staff, including additional paid time for curriculum and less on redesign and development work and training to ensure that instruction is aligned with state standards and student needs.

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A school district's better schools professional development allocation for a state fiscal year shall equal the district's October P-105 headcount enrollment for the prior school year multiplied by the per student dollar amount stated in the state operating appropriations act.

     (1) School districts may request adjustment to the prior year's October P-105 enrollment at any time, however, funding for any increase in enrollment that causes total state allocations to exceed the state appropriation shall be contingent on a supplemental appropriation by the legislature.

     (2) Better schools professional development allocations shall be paid out in twelve equal payments during the twelve months of the state fiscal year, July through June.

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As a condition for retaining these moneys the school district superintendent shall certify that all better schools professional development moneys have been allocated to school buildings without deduction for administrative or indirect costs and that expenditure of funds is determined by staff at each school site. Allocations to buildings may be based on the number of students or staff at each building or by some other reasonable method determined by the district.

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