WSR 19-02-067
PERMANENT RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed December 28, 2018, 11:00 a.m., effective January 28, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of the amendment to WAC 392-140-973 is to allow schools that participate in the community eligibility provision (CEP) meal service option and have historically been high-poverty schools ("challenging schools") for purposes of the National Board Certified Teacher (NBCT) bonus to continue to qualify as challenging schools for the duration of their CEP eligibility. Under this rule, the office of superintendent of public instruction will use historical data for CEP schools going back two years prior to CEP participation to determine if the school is an NBCT bonus challenging school. If the school met challenging school eligibility in either of the two years prior to CEP, it will be considered a challenging school for the current year.
Citation of Rules Affected by this Order: Amending WAC 392-140-973(3).
Statutory Authority for Adoption: RCW 28A.150.290(1) and 28A.405.415.
Adopted under notice filed as WSR 18-21-186 on October 24, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 28, 2018.
Chris P. S. Reykdal
State Superintendent
of Public Instruction
AMENDATORY SECTION(Amending WSR 18-14-103, filed 7/3/18, effective 8/3/18)
WAC 392-140-973Salary 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 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 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.
(g) A school participating in the community eligibility provision as authorized by section 11 (a)(1) of the Richard B. Russell National School Lunch Act may be designated as a challenging, high poverty school if the school was a challenging, high poverty school based on the student headcount enrollment eligible for the federal free or reduced price lunch program in either of the two school years immediately prior to the school's participation in the community eligibility provision.