Original Notice.

Preproposal statement of inquiry was filed as WSR 99-11-062.

Title of Rule: WAC 392-140-900 through 392-140-913, enhanced state funding to school districts for kindergarten through forth grade (K-4) instructional staff.

Purpose: To implement the 1999-2001 State Operating Appropriations Act proviso that includes fourth grade in the state staffing enhancement formerly provided for kindergarten through third grade instructional staff, and to simplify reporting processes.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: Section 502 (2)(a)(iii), chapter 309, Laws of 1999.

Summary: The state staff ratio allocation is changed from a maximum of 54.3 certificated instructional staff (CIS) units per 1000 K-3 students to a maximum of 53.2 CIS units per 1000 K-4 students.

Reasons Supporting Proposal: Changes are needed to implement in the 1999-2001 state operating budget and to simplify staff ratio calculations and reports.

Name of Agency Personnel Responsible for Drafting: Ben Gravely, Office of Superintendent of Public Instruction, (360) 753-2298; Implementation: Allen H. Jones, Office of Superintendent of Public Instruction, (360) 753-6708; and Enforcement: Michael L. 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: In most respects the new rules are the same as the old K-3 staff ratio rules except for the addition of fourth grade to the calculations. However, the following changes are proposed to simplify the reporting requirements:

• The calculation of supplemental staff FTEs is simplified to match S-275 reporting methodology.

• 1989-90 fourth grade classified instructional assistants are imputed if a district does not file a new 1230 report.

• District may update 1989-90 classified instructional assistants to reflect current activity coding for aides.

• Classified instructional assistants are converted to certificated staff equivalent two-for-one ratio rather than using a ratio of certificated to classified actual salaries.

• Staff ratio reports are to be routinely distributed with monthly apportionment reports.

These changes will have little or no fiscal impact for most districts. The ability to adjust 1989-90 classified staff previously reported will make the calculation more fair. The two-for-one conversion of classified to certificated staff will have slight negative or positive for about a dozen districts.

Proposal Changes the Following Existing Rules: As described above.

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

RCW 34.05.328 does not apply to this rule adoption. Not relevant.

Hearing Location: Brouillet Conference Room, 4th Floor, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on November 23, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Sheila Emery by November 9, 1999, 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 November 22, 1999.

Date of Intended Adoption: November 24, 1999.

October 8, 1999

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-3385.1

K-4 STAFF ENHANCEMENT
NEW SECTION
WAC 392-140-900
K-4 Staff enhancement--Applicable provisions.

The provisions of WAC 392-140-900 through 392-140-913 apply to the determination of staff/student ratios used in apportionment of state basic education moneys to school districts based on the district's kindergarten through fourth grade (K-4) staff and students.

[]

The authority for WAC 392-140-900 through 392-140-913 is the Biennial Operating Appropriations Act established by the legislature for each school year; and RCW 28A.150.290(1).

[]

The purpose of WAC 392-140-900 through 392-140-913 is to set forth the policies and procedures used by the superintendent of public instruction to determine enhanced state funding for certificated instructional staff for grades kindergarten through four above the minimum ratios set forth in RCW 28A.150.260 (2)(c).

[]

As used in WAC 392-140-900 through 392-140-913:

(1) "Report S-275" means the school district personnel report as defined in WAC 392-121-225.

(2) "Form SPI 1158" means the form provided by the superintendent of public instruction on which school districts report supplemental K-12 full-time equivalent (FTE) staff and/or supplemental K-4 FTE staff for the school year.

(3) "Report 1159" means the report produced by the superintendent of public instruction displaying the calculations of K-4 certificated instructional staffing and K-4 apportionment ratios and other information as necessary.

(4) "Form SPI 1160" means the form provided by the superintendent of public instruction on which school districts may select the period of enrollment the superintendent of public instruction shall use to calculate staffing ratios.

(5) "Form SPI 1230" means the form provided by the superintendent of public instruction on which school districts have the option of reporting 1989-90 FTE K-3 basic education classified instructional assistants pursuant to WAC 392-140-716 and 392-140-745.

(6) "Form SPI 1230K-4" means the form provided by the superintendent of public instruction on which school districts have the option of reporting 1989-90 FTE K-4 basic education classified instructional assistants after September 1, 1999.

(7) "FTE K-4 basic education enrollment" means the school district's K-4 full-time equivalent enrollment reported for basic education funding pursuant to WAC 392-121-122 for the month of October or such other period selected by the district on optional Form SPI 1160.

(8) "FTE basic education certificated instructional employee" means the FTE calculated pursuant to WAC 392-121-215 for a basic education certificated instructional employee assigned in whole or in part to the following programs as defined in the Accounting Manual for Public School Districts in the State of Washington:

(a) Basic education, program 01;

(b) Vocational, basic, state, program 31;

(c) Skills center, basic, state, program 45;

(d) Instruction support, program 94; and

(e) District-wide support, program 97.

(9) "FTE K-4 basic education certificated instructional employee" means for a FTE basic education certificated instructional employee the following:

(a) If the basic education certificated instructional employee serves only K-4 students, one hundred percent of the FTE assigned to basic education; or

(b) If the basic education certificated instructional employee serves K-4 students and students of one or more other grades, multiply the FTE assigned to basic education by:

(i) The proportion of time spent serving K-4 students to all time serving students;

(ii) The proportion of K-4 students served to all students served; or

(iii) Any combination of (i) or (ii) of this subsection as appropriate.

(10) "FTE K-4 basic education certificated instructional staff" means the sum of FTE K-4 basic education certificated instructional employees for a school district.

(11) "Basic education classified instructional assistant" means a person who is assigned in whole or in part to:

(a) Program 01 - basic education; 31 - vocational, basic, state; or 45 - skills center, basic, state; and

(b) Activity 27 - teaching; and

(c) Duty 910 - aide.

(12) "Basic education classified instructional assistant FTE" means the number determined for a basic education classified instructional assistant as follows:

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

(b) Divide by 2080.

(13) "District FTE K-4 basic education classified instructional assistants" means the sum of a school district's FTE K-4 basic education classified instructional assistants.

(a) If the basic education classified instructional assistant serves only K-4 students, one hundred percent of the FTE determined pursuant to WAC 392-140-903(12).

(b) If the basic education classified instructional assistant serves K-4 students and students of one or more other grades, multiply the FTE determined pursuant to WAC 392-140-903(12) by:

(i) The proportion of time spent serving K-4 students to all time serving students;

(ii) The proportion of K-4 students served to all students served; or

(iii) Any combination of (b)(i) or (ii) of this subsection as appropriate.

[]

"Supplemental FTE staff" means the school district's net change in FTE K-4 basic education certificated instructional staff or FTE K-4 basic education classified instructional assistants after October 1 of the school year determined as follows:

(1) Determine the K-4 basic education 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 K-4 basic education FTE as of October 1 actually reported for the employee on the school district's most current Report S-275.

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

[]

For the purposes of WAC 392-140-900 through 392-140-913 a school district's FTE K-4 basic education classified instructional assistants in the 1989-90 school year shall be determined as follows:

(1) If the school district submitted Form SPI 1230 before September 1, 1999, and does not submit Form SPI 1230K-4, then the number shall be estimated by the superintendent of public instruction by multiplying the number of K-3 basic education classified instructional assistants reported by the district on Form SPI 1230 by the district's 1989-90 final annual average FTE K-4 basic education enrollment and dividing by the district's 1989-90 final annual average FTE K-3 basic education enrollment.

(2) If the school district submits Form SPI 1230K-4 after September 1, 1999, then the superintendent shall use the number of 1989-90 FTE K-4 basic education classified instructional assistants reported on Form SPI 1230K-4.

(3) A school district submitting Form SPI 1230K-4 may update 1989-90 FTE basic education classified instructional assistants to reflect the most current activity definitions allowed for duty root 91 - aides. The school district may exclude any classified instructional assistants previously reported on Form SPI 1230 that would be reported in the current school year in activity 24 -guidance and counseling, activity 25 - pupil management and safety, or activity 26 - health related services.

(4) Districts filing Form SPI 1230K-4 shall retain documentation of 1989-90 staff assignment data for audit.

[]

The superintendent of public instruction shall calculate a district's increase in K-4 basic education classified instructional assistants for a school year by determining the district's FTE K-4 basic education classified instructional assistants for the school year reported on the district's Report S-275 for the school year, and subtracting the district's FTE K-4 basic education classified instructional assistants in the 1989-90 school year determined pursuant to WAC 392-140-906.

[]

For those school districts with an increase in K-4 basic education classified instructional assistants and a K-4 certificated instructional staffing ratio of 51.00 or greater, the superintendent of public instruction shall recognize a K-4 certificated staff ratio equivalent of up to 1.30 calculated as follows:

(1) Sum the increase in the district's K-4 basic education classified instructional assistants and any supplemental FTE K-4 classified instructional assistants determined pursuant to WAC 392-140-905 and reported by the district on Form SPI 1158;

(2) Divide the result of subsection (1) of this section by two;

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

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

(5) The lesser of 1.30 or the result of subsection (4) of this section is the district's recognized K-4 certificated staff ratio equivalent of increased K-4 classified instructional assistants.

[]

The superintendent of public instruction shall calculate each school district's K-4 certificated instructional staffing ratio as follows:

(1) Add FTE K-4 basic education certificated instructional staff from Report S-275 and any supplemental FTE K-4 basic education certificated instructional staff determined pursuant to WAC 392-140-905 and reported on SPI Form 1158;

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

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

[]

At any time prior to September 30 following the end of a school year school districts may report to the superintendent of public instruction:

(1) On Form SPI 1158, supplemental FTE staff determined pursuant to WAC 392-140-905.

(2) On Form SPI 1160, one of the following optional periods of enrollment:

(a) Enrollment for any month of the school year; or

(b) Annual average enrollment for the school year; and

(3) On Form SPI 1230K-4, 1989-90 FTE K-4 classified instructional assistants.

[]

The superintendent of public instruction shall determine each school district's ratio of state allocated certificated instructional staff units per one thousand K-4 students for state basic education apportionment as follows:

(1) For the months of September through December, the superintendent shall use the district's estimated K-4 ratio as submitted on Report F-203 Estimates of State Revenue, or as submitted on a letter to the superintendent after submission of Report F-203.

(2) Beginning with the January apportionment payment and each month thereafter, the superintendent shall calculate the district's K-4 apportionment ratio as the greater of (a) or (b) of this subsection:

(a) The district's minimum state-funded K-4 staffing ratio, using FTE enrollment for state apportionment, and calculated as follows:

(i) Sum the district's K-3 FTE enrollment times 0.049 and the district's fourth grade FTE enrollment times 0.046;

(ii) Divide the result of (a)(i) of this subsection by the district total K-4 FTE enrollment;

(iii) Multiply the result of (a)(ii) of this subsection by 1000.

(b) The lesser of:

(i) 53.2; or

(ii) The sum of district's K-4 certificated instructional staff ratio pursuant to WAC 392-140-910 and the district's K-4 certificated staff ratio equivalent of increased K-4 classified instructional assistants pursuant to WAC 392-140-908 if applicable.

[]

Beginning in January of each school year, with each monthly apportionment report to the school district thereafter, the superintendent of public instruction shall provide Report 1159 showing the details of the superintendent's calculation of the district's K-4 apportionment ratio including the most current data from Report S-275 and data from any optional school district reports received by the superintendent of public instruction by the 15th of the month.

[]

Effective February 1, 2000, the following sections of the Washington Administrative Code are repealed:

WAC 392-140-700	K-3 Staff enhancement--Applicable provisions.
WAC 392-140-701	K-3 Staff enhancement--Authority.
WAC 392-140-702	K-3 Staff enhancement--Purpose.
WAC 392-140-710	K-3 Staff enhancement--Definition--Academic year.
WAC 392-140-711	K-3 Staff enhancement--Definition--S-275.
WAC 392-140-712	K-3 Staff enhancement--Definition--SPI Form S-277.
WAC 392-140-713	K-3 Staff enhancement--Definition--SPI Form 1158.
WAC 392-140-714	K-3 Staff enhancement--Definition--SPI Report 1159.
WAC 392-140-715	K-3 Staff enhancement--Definition--SPI Form 1160.
WAC 392-140-716	K-3 Staff enhancement--Definition--SPI Form 1230.
WAC 392-140-720	K-3 Staff enhancement--Definition--FTE K-3 basic education enrollment.
WAC 392-140-721	K-3 Staff enhancement--Definition--FTE basic education certificated instructional employee.
WAC 392-140-722	K-3 Staff enhancement--Definition--FTE K-3 basic education certificated instructional employee.
WAC 392-140-723	K-3 Staff enhancement--Definition--FTE K-3 basic education certificated instructional staff.
WAC 392-140-724	K-3 Staff enhancement--Definition--Average basic education certificated instructional staff salary for the purpose of apportionment.
WAC 392-140-725	K-3 Staff enhancement--Definition--Basic education classified instructional assistant.
WAC 392-140-726	K-3 Staff enhancement--Definition--Basic education classified instructional assistant FTE.
WAC 392-140-727	K-3 Staff enhancement--Definition--FTE K-3 basic education classified instructional assistants.
WAC 392-140-728	K-3 Staff enhancement--Definition--Instructional FTE.
WAC 392-140-730	K-3 Staff enhancement--Definition--K-3 addition FTE.
WAC 392-140-731	K-3 Staff enhancement--Definition--K-3 reduction FTE.
WAC 392-140-732	K-3 Staff enhancement--Definition--K-3 reassignment FTE.
WAC 392-140-733	K-3 Staff enhancement--Calculation of addition, reduction, and reassignment FTE.
WAC 392-140-735	K-3 Staff enhancement--Definition--Supplemental FTE K-3 basic education certificated instructional staff.
WAC 392-140-736	K-3 Staff enhancement--Definition--Supplemental FTE K-3 basic education classified instructional assistants.
WAC 392-140-740	K-3 Staff enhancement--Definition--K-3 certificated instructional staffing ratio.
WAC 392-140-741	K-3 Staff enhancement--Definition--Actual average salary for basic education classified instructional assistants.
WAC 392-140-742	K-3 Staff enhancement--Definition--Increase in K-3 basic education classified instructional assistants from 1989-90.
WAC 392-140-743	K-3 Staff enhancement--Definition--Recognized certificated staff ratio equivalent of increased K-3 classified instructional assistants.
WAC 392-140-744	K-3 Staff enhancement--School district reporting--Required reports.
WAC 392-140-745	K-3 Staff enhancement--School district reporting--Optional reports.
WAC 392-140-746	K-3 Staff enhancement--Calculation of K-3 apportionment ratios.
WAC 392-140-747	K-3 Staff enhancement--Reporting by the superintendent of public instruction.

© Washington State Code Reviser's Office