WSR 97-16-118

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed August 6, 1997, 11:45 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-21-092.

Title of Rule: Chapter 392-165 WAC, Special service programs--Chapter 2 of the Education Consolidation and Improvement Act of 1981, financial assistance to local school districts.

Purpose: To update the WAC language to reflect the changes in ESEA by the 1994 Improving America's School Act.

Statutory Authority for Adoption: RCW 28A.300.070.

Summary: All changes in the WAC reflect the changes in the Improving America's School Act. The name for chapter 2 becomes Title 6 -Innovative Education Program Strategies.

Reasons Supporting Proposal: Federal law and rules/regulations have been changed and these changes are reflected in the proposed update of chapter 392-165 WAC.

Name of Agency Personnel Responsible for Drafting and Implementation: Gayle Pauley, Old Capitol Building, 753-2858; and Enforcement: Jane Gutting, Old Capitol Building, 753-0793.

Name of Proponent: Superintendent of Public Instruction, governmental.

Rule is necessary because of federal law, Public Law 103-382, October 20, 1994, Title VI.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule will have a minor or negligible economic impact.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Wanamaker Conference Room, Old Capitol Building, 600 South Washington Street, Olympia, WA 98504-7200, on September 9, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jim Rich by August 26, 1997, TDD (360) 664-3631, or (360) 753-6733.

Submit Written Comments to: Rules Coordinator, Legal Services, P.O. Box 47200, Olympia, WA 98504-7200, FAX (360) 753-4201, by September 8, 1997.

Date of Intended Adoption: September 10, 1997.

July 9, 1997

Dr. Terry Bergeson

Superintendent of

Public Instruction

SPECIAL SERVICE PROGRAMS--((CHAPTER 2)) TITLE VI - INNOVATIVE EDUCATION PROGRAM STRATEGIES OF THE EDUCATION CONSOLIDATION AND ((IMPROVEMENT)) IMPROVING AMERICA'S SCHOOLS ACT OF ((1981)) 1994, FINANCIAL ASSISTANCE TO LOCAL SCHOOL DISTRICTS

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-105 Purpose. The purpose of this chapter is to ensure compliance by the state of Washington, including the superintendent of public instruction and local school districts, with the provisions of Public Law ((100-297, Elementary Secondary School Improvement Amendments of 1988, Chapter 2)) 103-382, Improving America's Schools Act of 1994, Title VI, -- and its implementing regulations, particularly 34 CFR Part 298.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-105, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-105, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-115 Definition--((Chapter 2)) Title VI. As used in this chapter, the term "((Chapter 2)) Title VI" shall mean that part of Public Law 100-297 which is commonly referred to as ((Chapter 2)) Title VI of the ((Elementary and Secondary School Improvement Amendments of 1988)) Improving America's Schools Act of 1994.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-115, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-115, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-120 Definition--Accounting manual. As used in this chapter, the term Accounting Manual shall mean the Accounting Manual for Public School Districts in the state of Washington issued September ((1989)) 1993, by the superintendent of public instruction and the state auditor.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-120, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-120, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-130 Definition--Activity. As used in this chapter, the term "activity(ies)" shall be as defined in the Accounting Manual glossary of terms (((i.e., a "specific line of work carried on by a school district in order to perform its mission"))). For financial accounting purposes "activity" shall be defined further as the second field of uniform expenditure classification established in the Accounting Manual for ((Chapter 2)) Title VI and shall include all activities listed on Form SPI F-1000B.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-130, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-130, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-135 Definition--Program. As used in this chapter, the term "program" shall be as defined in the Accounting Manual glossary of terms (((i.e., "a plan of)) activities designed to accomplish a set of objectives(("))). For financial accounting purposes, "program" shall be defined further as the first field of uniform expenditure classification established in the Accounting Manual and for ((Chapter 2)) Title VI shall include all approved activities supported by ((Chapter 2)) Title VI moneys.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-135, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-140 Definition--Direct expenditure. As used in this chapter, the term "direct expenditure" shall be as defined for "direct expenditure" in the Accounting Manual glossary of terms (((i.e., "those elements of cost which can be easily, obviously and conveniently identified with specific programs, . . ."))).

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-140, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-142 Definition--Indirect expenditure. As used in this chapter, the term "indirect expenditure" shall be as defined in the Accounting Manual glossary of terms (i.e., "those expenditure elements that cannot be easily, obviously and conveniently identified with specific programs . . ."). For ((Chapter 2)) Title VI each district shall be entitled to the restricted indirect expenditure rate established and disseminated annually to school districts by the superintendent of public instruction.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-142, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-170 Definition--Project. As used in this chapter, the term "project" shall mean all activities supported with ((Chapter 2)) Title VI moneys in either a particular school building or combination of school buildings.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-170, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-170, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-180 Definition--((Children)) Students. As used in this chapter, the term (("children")) "students" shall mean ((persons up to age twenty-one)) each enrolled student as defined in WAC ((392-121-170 and persons who are of preschool age)) 392-121-122.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-180, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-210 Definition--Instructional staff. As used in this chapter, the term "instructional staff" shall mean certificated and classified persons whose services deal directly with or aid in the teaching of students or in improving teaching learning activities, and who are identified in the Accounting Manual ((under Activity 22, Learning Resources; Activity 23, Principals; Activity 24, Guidance and Counseling; Activity 25, Psychological, Speech and Hearing Services; and Activity 27, Teaching)).

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-210, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-245 Definition--Supplement. As used in this chapter, the term "supplement" shall mean an increase in the level of expenditures for a project as a result of the expenditure of ((Chapter 2)) Title VI moneys.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-245, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-260 Definition--Consultation with parents and educators and others. As used in this chapter, the term "consultation with parents and educators and others" shall mean planned, systematic contact two or more times a year with parents, teachers, and administrators of children being served by ((Chapter 2)) Title VI, -- including parents, teachers, and administrators of served private school children, -- other interested parents, teachers, administrators, librarians, school counselors, social workers, psychologists, and other pupil personnel deemed appropriate. All of these must be consulted in the allocation of funds for programs authorized by ((Chapter 2)) Title VI and in the design, planning, and implementation of these programs.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-260, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-260, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-302 Private school participation in ((Chapter 2)) Title VI--Program requirement. Each school district that receives ((Chapter 2)) Title VI moneys shall make available for expenditure in the private schools within the district, an amount equal to the private school enrollment within the district times the average allotment per student (combined public and private enrollment) from ((Chapter 2)) Title VI moneys.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-302, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-304 Private school ((Chapter 2)) Title VI equipment--Program requirement. Each school district that provides equipment and materials which is purchased with ((Chapter 2)) Title VI moneys to a private school shall retain title to all such equipment and materials and keep on file an inventory supplied by the private school which indicates the location and use of such equipment and materials. The school district will monitor each private school every year to ensure that inventories are maintained according to EDGAR((, 34 C.F.R. Subtitle A, section 74.137-74.140)).

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-304, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-304, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-310 Parent, educator, and community involvement in program planning--Program requirement. Each school district that seeks an allocation of funds under ((Chapter 2)) Title VI shall provide for systematic consultation two or more times during the year with parents((, teachers, administrators, and educators and other groups involved including librarians, school counselors, social workers, etc.)) of children attending elementary and secondary schools in the area served by the local educational agency, with teachers and administrative personnel in such schools, and with other groups involved in the implementation of Title VI such as librarians, school counselors, and other pupil services personnel, in the design, planning, implementation, and allocation of funds for programs authorized under ((Chapter 2)) Title VI. The designated local administrator will submit these program plans and budget to the school district board of directors for approval. Such consultation shall be documented to demonstrate compliance with this section.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-310, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-310, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-315 School district application required. Each school district that seeks an allocation of federal funds under ((Chapter 2)) Title VI from the state shall submit an ((annual)) application that shall be for a period not to exceed three fiscal years, may provide for the allocation of funds to programs for a period of three years, and may be amended annually as may be necessary to reflect changes without filing a new application on forms provided by the superintendent of public instruction.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-315, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-320 Substance of ((annual)) school district application. The school district's ((annual)) application, required by WAC 392-165-315, shall contain the following:

(1) Assurances as required by WAC 392-165-322.

(2) Planned ((Chapter 2)) Title VI expenditures by program object and activity in each targeted ((assistance area)) use of funds as required by WAC 392-165-325.

(3) Description of the projects, and activities the district has designed to carry out programs under one or more of the following ((seven)) eight targeted ((assistance areas)) use of funds:

(a) ((Meeting needs of students at risk;

(b) Acquisition and use of instructional and educational materials;

(c) Innovative programs designed to carry out school-wide improvements and effective schools programs;

(d) Training and professional staff development;

(e) Programs of training to enhance ability of teachers and counselors to identify students with reading problems that place them at risk for illiteracy in their adult years;

(f) Programs to enhance personal excellence of students and student achievement; and

(g) Other innovative projects which would enhance the educational program and climate of a school.)) Technology related to the implementation of school-based reform programs, including professional development to assist teachers and other school officials regarding how to use effectively such equipment and software.

(b) Programs for the acquisition and use of instructional and educational materials including library services and material (including media materials), assessments, reference materials, computer software and hardware for instructional use, and other curricular material which are tied to high academic standards that will be used to improve student achievement and which are part of an overall education reform program.

(c) Promising education reform projects, including effective schools and magnet schools.

(d) Programs to improve higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school.

(e) Programs to combat illiteracy in the student and adult population, including parent illiteracy.

(f) Programs to provide for the educational needs of gifted and talented children.

(g) School reform activities that are consistent with the Goals 2000: Educate America Act.

(h) School improvement programs or activities under sections 1116 and 1117 of the ESEA.

(4) The reasons for selection of such programs, projects, and activities.

(5) Description of how assistance with ((Chapter 2)) Title VI dollars will contribute to goals of the program of improving student achievement or improving quality of education for students.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-320, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-320, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-322 One year assurances. Each school district that receives an allocation of federal funds under ((Chapter 2)) Title VI shall submit to the superintendent of public instruction once a year the following:

(1) An assurance of school district compliance with chapter 392-165 WAC.

(2) An assurance that funds received under ((Chapter 2)) Title VI shall supplement and not supplant funds available from nonfederal sources.

(3) An assurance that children enrolled in eligible private, nonprofit schools which have submitted a statement of intention to participate in ((Chapter 2)) Title VI programs within the district shall be provided equitable participation in benefits of funds received from ((Chapter 2)) Title VI.

(4) An assurance that the school district shall keep records and provide information to the superintendent of public instruction regarding ((Chapter 2)) Title VI programs in such manner as required by the superintendent of public instruction.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-322, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-322, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-325 Planned expenditures by program object and activity. Each school district's planned expenditures shall be summarized for all ((Chapter 2)) Title VI expenditures in each of the ((seven)) eight targeted ((assistance areas)) use of funds selected by program object and activity on forms provided by the superintendent of public instruction.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-325, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-325, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-330 Board approval. The local board of directors shall review and approve the ((annual)) application before submitting it to the office of the superintendent of public instruction.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-330, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-330, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-340 Approved budget variance((--Ten percent)) allowed. School districts may make annual expenditure adjustments ((on Form SPI F-1000B by increasing some approved activity-object cell amounts of up to ten percent of and decreasing others without filing a request for a budget revision with the superintendent of public instruction provided the increases, in total, do not exceed ten percent of the grand subtotal, (i.e., the sum of all objects of expenditure shown on the subtotal line of the approved Federal Project Budget, Form SPI F-1000B) and do not increase the amount of the grand subtotal)) as stated in bulletins published by the superintendent of public instruction.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-340, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 88-21-017 (Order 88-22), 392-165-340, filed 10/7/88; 84-06-019 (Order 84-6), 392-165-340, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-345 Budget revisions--Updating planned expenditures. Except as provided in WAC 392-165-340, each school district shall expend ((Chapter 2)) Title VI moneys in accordance with the ((budget documentation)) planned expenditures and program description included in the application submitted to and approved by the superintendent of public instruction. A school district shall be required to file a request for a budget revision to its approved budget whenever one of the following circumstances apply:

(1) The district intends to increase expenditure beyond the approved amount;

(2) The district intends to change by more than ((ten percent of the grand subtotal)) established amounts as stated in bulletins published by the superintendent of public instruction;

(3) The district intends to expend moneys in any activity or object where no moneys were previously budgeted.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-345, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 88-21-017 (Order 88-22), 392-165-345, filed 10/7/88; 84-06-019 (Order 84-6), 392-165-345, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-347 ((Chapter 2)) Title VI carryover provisions. Local school districts may carry over unobligated ((Chapter 2)) Title VI funds to the fiscal year succeeding the year for which they were appropriated. However, local districts are not allowed to do the following:

(1) Carry over a large amount of funds that preclude the district from operating its current ((Chapter 2)) Title VI projects successfully; or

(2) Designing current projects to use only a small amount of the allocation to carry over a large amount of funds.

A school district that wishes to carry over ((fifty)) fifteen percent or more of the allocation shall submit a written plan to the superintendent of public instruction for prior approval by April 30.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-347, filed 8/31/92, effective 10/1/92.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-360 Supervisory expenditures. A school district that charges any portion of supervisory expenditures as a direct expenditure to the ((Chapter 2)) Title VI program shall document such expenditures, including the proportion of supervisory FTE so designated and will keep time and effort documentation on all staff paid in part or full time with ((Chapter 2)) Title VI funds.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-360, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-360, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-362 Reallocation of ((Chapter 2)) Title VI funds. The superintendent of public instruction may reallocate funds to other local districts from a district that does not choose to participate in the ((Chapter 2)) Title VI program, a district that has ((Chapter 2)) Title VI funds that exceeds the amount required to run a program, or that are recovered by the superintendent of public instruction based on a determination by the state that the local district has failed to spend local ((Chapter 2)) Title VI funds in accordance with applicable law. Reallocation of funds may be made only during the fiscal year for which funds were appropriated or during the succeeding fiscal year; must be made in accordance with the purpose of ((Chapter 2)) Title VI; and must be spent in accordance with the requirements in ((Chapter 2)) Title VI federal regulations.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-362, filed 8/31/92, effective 10/1/92.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-365 End-of-year report--Annual requirement. Each school district that receives an allocation of funds under ((Chapter 2)) Title VI shall submit to the superintendent of public instruction each year an end-of-year report on forms provided by the superintendent of public instruction. The end-of-year report shall be received by the superintendent of public instruction no later than July 20, or in the event such date is a Saturday, Sunday, or holiday, the working day immediately following such date, and shall contain all information requested.

((The evaluation information shall include but not be limited to:

(1) The number of students served in related Chapter 2 program areas;

(2) The number of staff served through staff development activities;

(3) The number of full-time equivalent staff funded by Chapter 2;

(4) Fiscal information as related to planned expenditures; and

(5) Other information as required consistent with the responsibilities of the superintendent of public instruction under Chapter 2.)) In addition, selected districts may be requested to participate in the preparation of descriptive case studies.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-365, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-415 Budget revision requirements--Two revisions limitation. ((Districts may request no more than two budget revisions per school fiscal year.)) Number of budget revisions allowed will be stated in the annual application procedures.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-415, filed 8/31/92, effective 10/1/92.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-425 Construction. No ((Chapter 2)) Title VI funds may be used to perform repairs, minor remodeling, or construction of private school facilities. A local school district may use ((Chapter 2)) Title VI funds to perform repairs, minor remodeling, or construction of public facilities as may be necessary to carry out its responsibility under this part.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-425, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-425, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-430 Acquisition, control and disposition of equipment. Except to purchase technology related to the implementation of school-based reform programs and computer hardware for instructional purposes listed in WAC 392-165-325 ((Chapter 2)) Title VI funds may not be used to purchase general classroom instructional equipment unless that instructional equipment is used only as a part of a specific program under one of the ((seven)) eight targeted assistance areas and has prior approval on the ((Chapter 2)) Title VI application. All equipment purchased from ((Chapter 2)) Title VI funds must be labeled "((Chapter 2)) IASA - Title VI." Inventories must be maintained and updated every two years. Districts will follow all procedures for usage, inventory, and disposition listed in the Education Department General Administration Regulations (EDGAR) 34 C.F.R. 80.32.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-430, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-430, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-440 ((Chapter 2)) Title VI audit. Audit of ((Chapter 2)) Title VI programs shall be conducted in ((compliance with 34 CFR 298.17)) accordance with OMB curriculers A128 or A133, whichever is applicable. Local educational agencies receiving . . . . . . an average of five thousand dollars each under this Title VI shall not be audited more frequently than once every five years.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-440, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-450 Compliance agreement. Notwithstanding any of the actions prescribed by WAC 392-165-445, any school district found out of compliance with this chapter may, as a substitute for withholding or repayment actions referenced in WAC 392-165-455, be required to enter into a compliance agreement with the superintendent of public instruction to ensure that noncompliant ((Chapter 2)) Title VI program practices are corrected within a period of time specified in that agreement, as a condition to continuous receipt of ((Chapter 2)) Title VI moneys. If a district fails to achieve compliance within the specified time, the withholding and/or repayment procedures prescribed by WAC 392-165-455 and 34 CFR 298.17(d) shall be instituted by the superintendent of public instruction.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-450, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 84-6, filed 2/29/84)

WAC 392-165-455 Withholding of ((Chapter 2)) Title VI payments. (1) If the superintendent of public instruction determines that a school district is not in substantial compliance with federal statute and regulation or with this chapter, the superintendent of public instruction shall have the authority to withhold payment in whole or in part of ((Chapter 2)) Title VI moneys to the offending district. In deciding whether to withhold payments, the superintendent of public instruction shall provide:

(a) Reasonable notice to the school district of the reasons for the proposed withholding; and

(b) An opportunity for the school district within thirty calendar days of such notice to give reason why the withholding should not be instituted.

(2) Pursuant to the school district response, the superintendent of public instruction shall consider the following factors:

(a) The seriousness of the noncompliance;

(b) The amount of ((Chapter 2)) Title VI moneys involved;

(c) The effect of withholding on participating children; and

(d) The need to withhold payments to prevent further misuse of ((Chapter 2)) Title VI moneys.

(3) If, after consideration of these factors and within thirty calendar days, the superintendent of public instruction decides to initiate a withholding procedure, a date shall be specified by which the school district shall have achieved compliance, or the moneys withheld shall become subject to repayment procedures specified in 34 CFR 298.16.

[Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-455, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-460 Approval of ((Chapter 2)) Title VI program application by the office of the superintendent of public instruction. (1) Final approval of a ((Chapter 2)) Title VI program shall be given to a school district when the superintendent of public instruction has received a completed application in accordance with WAC 392-165-320 through 392-165-327 and 34 CFR 298.6, 298.11, 298.12-298.14 and is assured that the school district has satisfied all yearly reporting requirements and compliance agreements from the previous year.

(2) Programs shall not be implemented without approval from the superintendent of public instruction. The effective approval date shall be July 1, of each year for applications received prior to July 1, or the subsequent date on which the complete application is received by the superintendent of public instruction.

(3) Fiscal expenditures made prior to the effective approval date indicated on an application or a request for budget revision shall not be allowed.

(4) Consistent with P.L. 100.297, any school district shall have an opportunity to appeal a decision of the superintendent of public instruction, first to the superintendent of public instruction and then to the United States Secretary of Education.

(5) All districts with approved, nonprofit, private schools within their boundaries must return to the office of the superintendent of public instruction "Participation in Federal Programs" Form 829 for each school by the end of February, as part of their application. Reimbursement and approval will be withheld until all forms are received.

(6) Applications received after November 30 will not be processed and the funds will be reallocated.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-460, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 84-06-019 (Order 84-6), 392-165-460, filed 2/29/84.]

NEW SECTION

WAC 392-165-490 Allocation to school districts. From the sums made available each year to carry out Title VI, the superintendent of public instruction shall distribute no less than eighty-five percent to school districts according to the relative enrollments in public and private, nonprofit schools within the school districts.

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AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-500 Allocation formula for distribution of ((eighty)) eighty-five percent ((Chapter 2)) Title VI moneys to local school districts. For the purpose of this section, the term:

(1) "Student enrollment" shall mean the head count for public and private schools submitted by the school districts to the office of the superintendent of public instruction on October 1 of each prior year.

(2) "Low income student enrollment" shall mean those students who are eligible for a free or reduced price lunch.

The ((eighty)) eighty-five percent allocation formula to all school districts is based on sixty-seven percent enrollment and thirty-three percent low income based on the number of free and reduced price lunches served.

[Statutory Authority: RCW 28A.300.070. 92-18-067 (Order 92-06), 392-165-500, filed 8/31/92, effective 10/1/92. Statutory Authority: RCW 28A.02.100. 86-15-048 (Order 86-6), 392-165-500, filed 7/18/86; 84-06-019 (Order 84-6), 392-165-500, filed 2/29/84.]

AMENDATORY SECTION (Amending Order 92-06, filed 8/31/92, effective 10/1/92)

WAC 392-165-510 Program compliance review. The superintendent of public instruction shall conduct program compliance review of all school districts receiving ((Chapter 2)) Title VI funds. Reviews shall occur at least once within a four-year plan as established by the superintendent of public instruction. If a school district is not reviewed due to exceptional or uncontrollable circumstances, these districts will have first priority for review the following year.

Following the review the school district will have thirty days to respond to the superintendent of public instruction if there are exceptions. Substantial noncompliance or failure by the school district to respond and/or initiate corrective action in a timely manner shall be subject to actions prescribed in WAC 392-165-440, 392-165-445, and 392-165-450.