WSR 97-20-093

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed September 29, 1997, 10:40 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-15-116.

Title of Rule: Local enhancement funds, the rule sets forth the formula for distributing moneys to school districts and the required reporting procedures to ensure accountability in the use of the resources.

Purpose: The purpose of this rule is to communicate allocation rates, conditions on receipt of moneys, and reporting requirements relating to local enhancement funds that were appropriated by the legislature for the 1997-99 biennium.

Other Identifying Information: These allocations are to be used to enhance the ability of instructional staff to teach and assess the state standards as well as for other educational needs as identified by the district.

Statutory Authority for Adoption: 1997-99 State Operating Appropriations Act.

Summary: The rule defines the purpose of local enhancement funds, establishes conditions and allocation rates, clarifies limitations on expenditures, and specifies reporting requirements.

Reasons Supporting Proposal: This rule will communicate important changes in the program, reduce requirements, clarify reporting, explain areas of local discretion, and ensure accountability.

Name of Agency Personnel Responsible for Drafting: Rick Wilson, Office of Superintendent of Public Instruction, (360) 753-2298; Implementation: Tom R. Hulst, Office of Superintendent of Public Instruction, (360) 753-2298; and Enforcement: Tom Hulst/Steve Shish, Office of Superintendent of Public Instruction, (360) 753-2298.

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: Local enhancement funds, the rule sets forth the formula for distributing moneys to school districts and the required reporting procedures to ensure accountability in the use of the resources.

The purpose of this rule is to communicate allocation rates, conditions on receipt of moneys to school districts, and the required reporting requirements relating to local enhancement funds that were appropriated by the legislature for the 1997-99 biennium.

These allocations are to be used to enhance the ability of instructional staff to teach and assess the state standards as well as for other educational needs as identified by the district.

Proposal Changes the Following Existing Rules: This rule will communicate important changes in the program, reduce requirements, clarify reporting, explain areas of local discretion, and ensure accountability.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Wanamaker Conference Room, 2nd Floor, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on November 6, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jim Rich by October 23, 1997, TDD (360) 664-3631, or (360) 753-6733.

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 November 5, 1997.

Date of Intended Adoption: November 7, 1997.

September 26, 1997

Terry Bergeson

Superintendent of

Public Instruction

1997-99 LOCAL ENHANCEMENT FUNDS

NEW SECTION

WAC 392-140-800 1997-99 Local enhancement funds--Applicable provisions. WAC 392-140-800 through 392-140-836 apply to the distribution of moneys to school districts for local educational enhancement including the administration of learning improvement allocations pursuant to the 1997-99 State Operating Appropriations Act.

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NEW SECTION

WAC 392-140-802 1997-99 Local enhancement funds--Definition--Learning improvement allocations. As used in WAC 392-140-800 through 392-140-836 learning improvement allocations means that portion of total local enhancement funds which is allocated to school districts to enhance the ability of instructional staff to teach and assess the essential academic learning requirements for reading, writing, communication, and math in accordance with the timelines and requirements established under RCW 28A.630.885; as well as to provide special emphasis to the successful teaching of reading.

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NEW SECTION

WAC 392-140-804 1997-99 Local enhancement funds--Definition--Local education program enhancement. As used in WAC 392-140-800 through 392-140-836 local education program enhancement means that portion of total local enhancement funds which is allocated to school districts to meet educational needs as identified by the school district, including alternative education programs.

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NEW SECTION

WAC 392-140-806 1997-99 Local enhancement funds--Definition--Essential academic learning requirements. As used in WAC 392-140-800 through 392-140-836, the essential academic learning requirements means those specific academic and technical skills and knowledge based on the student learning goals set forth in RCW 28A.630.885 (3)(a) and adopted by the commission on student learning. Such requirements shall not limit the instructional strategies used by schools or school districts or require the use of specific curricula.

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NEW SECTION

WAC 392-140-808 1997-99 Local enhancement funds--Definition--Assessment system. As used in WAC 392-140-800 through 392-140-836, assessment system means a series of assessments pursuant to RCW 28A.630.885 used to determine if students have successfully learned the essential academic learning requirements as developed by the commission on student learning.

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NEW SECTION

WAC 392-140-810 1997-99 Local enhancement funds--Definition--School year. As used in WAC 392-140-800 through 392-140-836 "school year" means the period beginning September 1 and ending the following August 31.

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NEW SECTION

WAC 392-140-812 1997-99 Local enhancement funds--Definition--School district. As used in WAC 392-140-800 through 392-140-836 "school district" means the same as defined in WAC 392-140-069.

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NEW SECTION

WAC 392-140-814 1997-99 Local enhancement funds--Definition--Student learning improvement plan. As used in WAC 392-140-800 through 392-140-836, student learning improvement plan means a written document developed and kept on file at each building that delineates how the learning improvement allocation will be used to achieve the student learning goals, essential academic learning requirements, and implement the assessment system.

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NEW SECTION

WAC 392-140-816 1997-99 Local enhancement funds--Definition--Annual performance report. As used in WAC 392-140-800 through 392-140-836, the annual performance report means that report referenced in RCW 28A.320.205 which requires each school to annually publish and deliver such report to each parent with children enrolled in the school and to make the report available to the community served by the school.

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NEW SECTION

WAC 392-140-818 1997-99 Local enhancement funds--Definition--Enrolled as a Medicaid service provider. Enrolled as a Medicaid service provider means having applied for and received a core provider agreement number pursuant to WAC 388-87-007 from the department of social and health services, medical assistance administration, office of provider services.

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NEW SECTION

WAC 392-140-820 1997-99 Local enhancement funds--Actively pursuing federal matching funds for medical services provided through special education programs. The superintendent of public instruction shall find that a district is actively pursuing federal matching funds if the district is enrolled as a Medicaid service provider, and:

(1) That the district is billing for Medicaid eligible services provided to Medicaid eligible students in its special education program conducted pursuant to chapter 392-171 WAC; or

(2) That the district participates in a special education cooperative and the serving district(s) is billing for all Medicaid eligible services provided to all Medicaid eligible students in the cooperative; or

(3) That the Medicaid eligibility of the students enrolled in special education programs has been verified and none of the district's students enrolled in the district's special education program are eligible for Medicaid; or

(4) That the school district does not have any students needing special education.

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NEW SECTION

WAC 392-140-822 1997-99 Local enhancement funds--Filing truancy petitions as required under RCW 28A.225.030. The superintendent of public instruction shall find that a district is properly filing truancy petitions if the district:

(1) Files petitions and supporting affidavits for civil actions with the juvenile court not later than the seventh unexcused absence by any child within any month during the current school year or not later than the tenth unexcused absence during the current school year; or

(2) Does not have any students for whom it is necessary to file petitions under RCW 28A.225.030.

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NEW SECTION

WAC 392-140-824 1997-99 Local enhancement funds--Conditions on receipt of moneys. School districts shall comply with the following conditions in order to receive local enhancement funds:

(1) Receipt by a school district of one-fourth of the district's local enhancement funds allocation shall be conditioned on a finding by the superintendent of public instruction that:

(a) The school district is enrolled as a Medicaid service provider;

(b) The school district is actively pursuing federal matching funds for medical services provided through special education programs, pursuant to chapter 149, Laws of 1993, during the school year in which local enhancement funds are received; and

(c) The district is filing truancy petitions as required under RCW 28A.225.030.

(2) For receipt by a school district of learning improvement allocations the district shall maintain a policy regarding the involvement of school staff, parents, and community members in instructional decisions.

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NEW SECTION

WAC 392-140-826 1997-99 Local enhancement funds--Definition--Allocation enrollment. As used in WAC 392-140-800 through 392-140-836, "allocation enrollment" means the school district's annual average full-time equivalent students as defined in WAC 392-121-133 plus running start enrollment except in the following cases:

(1) For a school district enrolling less than one hundred annual average full-time equivalent students, allocation enrollment means the sum of the following:

(a) The greater of sixty or the annual average full-time equivalent students enrolled in kindergarten through sixth grade;

(b) The greater of twenty or the annual average full-time equivalent students enrolled in seventh through eighth grade; and

(c) The greater of sixty or the annual average full-time equivalent students enrolled in ninth through twelfth grade.

(2) For a school district operating small school plants designated remote and necessary, allocation enrollment means the sum of the following:

(a) The school district's annual average full-time equivalent enrollment as defined in WAC 392-121-133 plus running start enrollment minus the annual average full-time equivalent enrollment in the small school plants designated remote and necessary; plus

(b) For the small school plant designated remote and necessary:

(i) The greater of sixty or the annual average full-time equivalent students enrolled in kindergarten through sixth grade;

(ii) The greater of twenty or the annual average full-time equivalent students enrolled in seventh through eighth grade; and

(iii) The greater of sixty or the annual average full-time equivalent students enrolled in ninth through twelfth grade.

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NEW SECTION

WAC 392-140-828 1997-99 Local enhancement funds--Allocation of moneys. From moneys appropriated by the legislature for local educational enhancement, the superintendent of public instruction shall apportion money to each eligible school district as follows:

(1) The learning improvement allocation for a school year for districts meeting the conditions on receipt of moneys in WAC 392-140-824 (1) and (2) shall equal the school district's allocation enrollment times a uniform state-wide rate of up to:

(a) $36.69 for students enrolled in grades K-4;

(b) $30.00 for students enrolled in grades 5-7; and

(c) $22.95 for students enrolled in grades 8-12.

(2) The learning improvement allocation for a school year for districts not meeting the conditions on receipt of moneys in WAC 392-140-824(1) shall equal the school district's allocation enrollment times a uniform state-wide rate of up to:

(a) $27.52 for students enrolled in grades K-4;

(b) $22.50 for students enrolled in grades 5-7; and

(c) $17.21 for students enrolled in grades 8-12.

(3) The school district's local education program enhancement allocation for a school year shall equal the school district's allocation enrollment times a uniform state-wide rate of up to either $29.86 for school districts meeting the conditions on receipt of moneys in WAC 392-140-824(1) or $22.40 for districts not meeting the conditions on receipt of moneys in WAC 392-140-824(1).

(4) The school district's learning improvement allocation shall be paid to the school district in accordance with the apportionment schedule and procedures set forth in RCW 28A.510.250 and WAC 392-121-400.

(5) The school district's local education program enhancement allocation shall be paid to the school district in accordance with the apportionment schedule and procedures set forth in RCW 28A.510.250 and WAC 392-121-400.

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NEW SECTION

WAC 392-140-830 1997-99 Local enhancement funds--Allocations of moneys for remote and necessary schools and school districts enrolling fewer than one-hundred annual average full-time equivalent students. In calculating the allocation of moneys for remote and necessary schools and school districts enrolling fewer than one-hundred annual average full-time equivalent students, the uniform state-wide rate specified for grade groups in WAC 392-140-828 shall be applied proportionately to the grade groups indicated in WAC 392-140-826 for such schools and districts.

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NEW SECTION

WAC 392-140-832 1997-99 Local enhancement funds--Allocation of moneys--A distribution formula to districts. The uniform state-wide allocation rates set forth in WAC 392-140-828 shall be used by the superintendent of public instruction to distribute local enhancement funds to school districts. The districts shall have discretion concerning how the funds are distributed to buildings within the district and are not required to use the allocation rates in WAC 392-140-828 as an expenditure rate; provided however, that the district shall expend the allocations in accordance with the purposes, conditions, and limitations set forth in WAC 392-140-834.

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NEW SECTION

WAC 392-140-834 1997-99 Local enhancement funds--Conditions and limitations on expenditures. Expenditure of moneys allocated pursuant to WAC 392-140-800 through 392-140-836 is subject to the following conditions and limitations.

(1) The learning improvement allocations pursuant to WAC 392-140-828 (1) and (2) shall:

(a) Be expended by school districts to enhance the ability of instructional staff to teach and assess the essential academic learning requirements for reading, writing, communication, and math in accordance with the timelines and requirements established under RCW 28A.630.885; and

(b) Give special emphasis to the successful teaching of reading.

(2) Each building planning team in a district shall develop and keep on file a student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The plan shall delineate how the learning improvement allocations will accomplish the learning goals, the essential academic learning requirements, and the assessment system and shall be made available to the public upon request.

(3) The local education program enhancement allocation pursuant to WAC 392-140-828(3) may be expended to meet educational needs identified by the district, including alternative education programs.

(4) The school district shall account for the expenditures of the learning improvement allocation and the local education program enhancement allocation separately in expenditure Program 75, Local Education Program Enhancement.

(5) The 1997-98 student learning improvement allocation may be expended beginning July 1, 1997. Expenditure of these allocations shall end on August 31, 1998, for the first period of the biennium and on August 31, 1999, for the second period.

(6) The local educational program enhancement allocation shall be expended during the period beginning September 1 and ending on or before August 31 of the school year.

(7) The school district shall report to the superintendent of public instruction as provided in WAC 392-140-836.

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NEW SECTION

WAC 392-140-836 1997-99 Local enhancement funds--School district reporting. School districts receiving local enhancement funds shall comply with the following reporting requirements:

(1) Provide parents and the local community with specific information in the annual performance report required in RCW 28A.320.205 on the expenditure of the learning improvement allocations and the results achieved.

(2) File a report by October 1, 1998, and October 1, 1999, with the office of superintendent of public instruction in a format developed by the superintendent of public instruction that:

(a) Enumerates the activities funded by these allocations and specifies the amount expended for each activity; and

(b) Describes how the activity improved the understanding, teaching, and assessment of the essential academic learning requirements by instructional staff; and

(c) Identifies any amounts expended from this allocation for supplemental contracts.

(3) File a report by October 1, 1998, and October 1, 1999, in a format prescribed by the superintendent of public instruction that contains such data as direct expenditures concerning the school year local educational program enhancement allocations.

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