Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-12-100.

     Title of Rule and Other Identifying Information: WAC 392-140-970 through 392-140-974, Finance -- Special allocations -- Salary bonus for teachers who attain certification by the National Board for Professional Teaching Standards.

     Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on July 14, 2008, at 9:00 a.m.

     Date of Intended Adoption: July 15, 2008.

     Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201, by July 11, 2008.

     Assistance for Persons with Disabilities: Contact Clarice Nnanubu by July 11, 2008, TTY (360) 664-3631 or (360) 725-6271.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions will update guidance on the administration of the salary bonus for teachers and other certificated staff that hold current certification by the National Board for Professional Teaching Standards. These revisions will implement 2SHB 2262, as passed during the 2007 legislative session and codified as RCW 28A.405.415, provisions in the 2007-09 state operating budget, SHB 1128, section 513(41), and provisions in the 2008 state supplemental operating budget ESHB 2687, section 511(41).

     Major rule revisions:

-	Broaden the scope of those eligible for the bonus to include not only teachers, but other certificated instructional staff and principals.
-	Broaden the scope of those eligible for the bonus to include employees of the Washington school for the deaf and Washington school for the blind.
-	Include provisions to administer additional bonuses for teachers and other certificated staff with instructional assignments in challenging, high-poverty schools, including the definition of a high-poverty school.
-	Include provisions to prorate the additional bonus for those staff who are assigned less than full-time or for less than a full-year to high-poverty schools.
-	Beginning in the 2008-09 school year and thereafter, the salary bonus is included in the definition of "earnable compensation" for retirement purposes.
-	Other "housekeeping" updates.

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

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

     Name of Proponent: Office of superintendent of public instruction, governmental.

     Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.

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

     A cost-benefit analysis is not required under RCW 34.05.328. 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).

June 4, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1042.1

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-970, filed 7/9/02, effective 8/9/02.]

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-971, filed 7/9/02, effective 8/9/02.]

     (1) "Form SPI 1525" means the form provided by the superintendent of public instruction on which districts may request payment of the salary bonus for teachers and other certificated instructional staff who ((attain)) hold current certification by the national board for professional teaching standards.

     (2) "Teachers and other certificated instructional staff" ((means an employee)) includes employees assigned to one of the following duties as defined in the S-275 Personnel Reporting Handbook:

     (a) Elementary teacher, duty root 31;

     (b) Secondary teacher, duty root 32;

     (c) Other teacher, duty root 33;

     (d) Long-term substitute teacher, duty root 52;

     (e) Contractor teacher, duty root 63; or

     (f) If the district certifies that the employee is assigned teaching responsibilities or serves as a mentor teacher:

     (i) Other support personnel, duty root 40;

     (ii) Library media specialist, duty root 41;

     (iii) Counselor, duty root 42; ((or))

     (iv) Occupational therapist, duty root 43;

     (v) Social worker, duty root 44;

     (vi) Speech-language pathologist or audiologist, duty root 45;

     (vii) Psychologist, duty root 46;

     (viii) Nurse, duty root 47;

     (ix) Physical therapist, duty root 48;

     (x) Reading resource specialist, duty root 49; or

     (xi) Contractor educational staff associate, duty root 64;

and excludes employees not assigned to the above duties. This excludes those employees whose duties consist entirely of the following:

     (g) Certificated administrative staff, duty roots 11 through 25;

     (h) Extracurricular, duty root 51; or

     (i) Classified staff, duty roots 90 through 99.

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-972, filed 7/9/02, effective 8/9/02.]

     (1) Hold current certification by the national board for professional teaching standards; 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; or

     (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); or

     (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.

     (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 the employee is in an instructional assignment in schools where at least seventy percent of the students qualify for the federal free or reduced-price lunch program, subject to the following conditions and limitations:

     (a) For the 2007-08 school year, "schools where at least seventy percent of the students qualify for the federal free or reduced-price lunch program" shall be defined as schools where the prior year percentage of students eligible for the federal free or reduced-price lunch program was at least seventy percent, as determined by any of the following sources:

     (i) The October 2006 count by the child nutrition section of the office of superintendent of public instruction; or

     (ii) The October 2006 count by the core student records system of the office of superintendent of public instruction.

     (b) For the 2008-09 school year, "schools where at least seventy percent of the students qualify for the federal free or reduced-price lunch program" shall be defined as schools in which either of the two prior years percentage of students eligible for the federal free or reduced-price lunch program was at least seventy percent, as determined by any of the following sources:

     (i) The October 2006 or October 2007 count by the child nutrition section of the office of superintendent of public instruction; or

     (ii) The October 2006 or October 2007 count by the core student records system of the office of superintendent of public instruction.

     (c) For the 2009-10 school year and thereafter, "schools where at least seventy percent of the students qualify for the federal free or reduced-price lunch program" shall be defined as schools in which either of the two prior years percentage of students eligible for the federal free or reduced-price lunch program was at least seventy percent, as determined by the October count of the core student records system of the office of superintendent of public instruction.

     (d) Teachers and other certificated instructional staff that meet the qualifications for additional bonuses 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 additional bonuses in a prorated manner, subject to the following conditions and limitations:

     (i) The portion of the employee's assignment to schools where at least seventy percent of the students qualify for the federal free or reduced-price lunch program shall be determined as of either October 1 of the current school year or the employee's employment contract date for the current school year.

     (ii) If the employee's assignment to schools where at least seventy percent of the students qualify for the federal free or reduced-price lunch program 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.

[Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-973, filed 7/9/02, effective 8/9/02.]

     (2) Districts shall document each ((teacher's)) employee's eligibility by maintaining on file for audit a copy of the ((teacher's)) employee's national board certification notice and((, if the teacher is not shown on Report S-275,)) evidence of employment and duties assigned. For employees eligible for additional bonuses pursuant to WAC 392-140-973(3), districts shall also document the employee's instructional assignments in schools where at least seventy percent of the students qualify for the federal free or reduced-price lunch program.

     (3) Report forms received by the superintendent of public instruction by the 15th of the month shall be paid in that month's apportionment and displayed on Report 1197, in revenue account 4158.

     (4) For each candidate, the superintendent of public instruction shall send the district the amount of the salary bonus set in the operating appropriations act plus an amount for the district's (employer) portion of ((social security)) mandatory fringe benefits.

     (5) The district shall pay the bonus to the employee in a lump sum amount on a supplemental contract pursuant to RCW 28A.400.200.

     (6) The salary bonus is excluded from the definition of "earnable compensation" under RCW 41.32.010(10) teachers' retirement.

[Statutory Authority: RCW 28A.150.290(1) and section 513(11) of ESSB 5404 (the 2003-05 state operating budget). 03-21-100, § 392-140-974, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-974, filed 7/9/02, effective 8/9/02.]

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