PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-16-077.
Title of Rule: Chapter 392-127 WAC, Finance certificated instructional staff ratio (46:1000) compliance.
Purpose: To update and simplify the kindergarten through twelfth grade (K-12) 46:1000 staff ratio compliance requirements and processes.
Other Identifying Information: These rules parallel proposed changes made.
Statutory Authority for Adoption: RCW 28A.150.290.
Statute Being Implemented: RCW 28A.150.200(2).
Summary: A number of minor changes are proposed to: Remove obsolete language, simplify definitions, and update the state reporting process, and maintain consistency with K-4 and vocational staff ratio rules.
Reasons Supporting Proposal: Changes are needed to update and simplify staff ratio compliance procedures 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: These rules govern school district compliance with the requirement for maintaining at least forty-six certificated instructional staff per 1000 K-12 full-time equivalent (FTE) students. The following changes are proposed:
• The method of calculating supplemental staff (changes after October 1) is simplified to match S-275 reporting instructions. This change is parallel to the supplemental staff calculation proposed in the new K-4 staff ratio rules.
• OSPI reporting requirements are updated to reflect the use of monthly electronic apportionment reports to inform school districts of staff ratio calculations.
• The process for calculating and withholding the penalty is clarified.
• Obsolete language is repealed.
• An out-of-place section (WAC 392-127-810) is repealed.
• Minor drafting changes are made.
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-3386.1
AMENDATORY SECTION(Amending Order 96-03, filed 2/13/96,
effective 3/15/96)
WAC 392-127-011
Other ratio requirements.
School districts are advised that compliance with this chapter does not ensure compliance with the following statutes:
(1) RCW 28A.150.250, which requires that the ratio of students per classroom teacher in kindergarten through third grade be no greater than the ratio of students per classroom teacher in fourth through twelfth grade.
(2) The Biennial Operating Appropriations Act which sets
forth a staffing and funding process to increase certificated
instructional staff ratios in kindergarten through ((third))
fourth grade to a level greater than that provided in statute.
[Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), § 392-127-011, filed 2/13/96, effective 3/15/96. Statutory Authority: 1990 c 33. 91-16-011 (Order 91-12), § 392-127-011, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-011, filed 6/1/90, effective 7/2/90.]
As used in
this chapter, "full-time equivalent enrollment" means for the
period selected by a school district, the total full-time
equivalent students reported by a school district pursuant to WAC 392-121-122 (((1) and (2) and for school years through 1994-95
minus:
Special education full-time equivalent students calculated pursuant to WAC 392-122-131 and based on the enrollment reported by a school district pursuant to WAC 392-122-106)) excluding running start and University of Washington transition school students reported pursuant to subsections (3) and (4) of that section.
[Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), § 392-127-015, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.150.290 and 28A.150.100(2). 93-21-089 (Order 93-18), § 392-127-015, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-015, filed 6/1/90, effective 7/2/90.]
As
used in this chapter, "supplemental full-time equivalent staff"
means the ((sum of a school district's addition, reduction, or
reassignment)) net change in full-time equivalents for basic
education certificated instructional employees after October 1 of
the school year and not reflected in Report S-275. Supplemental
full-time equivalent staff are determined as follows:
(1) Determine the basic education certificated instructional 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 basic education certificated instructional 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.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-065, filed 6/1/90, effective 7/2/90.]
As used in this chapter, "basic education certificated instructional staff ratio" means the following calculation:
(1) Add the full-time equivalent basic education certificated instructional employees as reported on the S-275 and any supplemental full-time equivalent staff reported to the superintendent of public instruction;
(2) Divide the result obtained in subsection (1) of this section by the full-time equivalent enrollment for October or that period selected by the school district; and
(3) Multiply the result obtained in subsection (2) of this section by one thousand.
[Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), § 392-127-070, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-070, filed 6/1/90, effective 7/2/90.]
At any time prior to September 30
following the end of a school year, school districts may report
to the superintendent of public instruction ((prior to September
30 of the following school year)) supplemental full-time
equivalent staff for the ((current)) school year pursuant to WAC 392-127-065 and instructions provided by the superintendent.
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-085, filed 6/1/90, effective 7/2/90.]
For those school districts with a basic
education certificated instructional staff ratio of less than
forty-six ((shown on the school district's final report)), the
superintendent shall ((withhold from the next apportionment
payment the following)) reduce the district's basic education
general apportionment entitlement for the school year by the
amount determined as follows:
(1) Subtract the current school year final basic education certificated instructional staff ratio as reported to the school district from forty-six;
(2) Multiply the result obtained in subsection (1) of this section by the current school year full-time equivalent enrollment and further divide by one thousand; and
(3) Multiply the result obtained in subsection (2) of this
section by the school district's average salary, average
mandatory fringe benefits, and health insurance benefits ((for))
per certificated instructional staff unit used for the purpose of
calculating the school district's general apportionment
entitlement for the current school year.
(((4) The result obtained in subsection (3) of this section
is the amount that the superintendent of public instruction shall
withhold from the next apportionment payment for the school
district in question.))
[Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), § 392-127-111, filed 6/1/90, effective 7/2/90.]
With each monthly apportionment payment for the school year beginning in January, the superintendent of public instruction shall show calculations of the district's basic education certificated instructional staff ratio and any penalty calculated pursuant to WAC 392-127-111. Calculations shall be based on the most current data from the district's Report S-275 and any optional reports received by the superintendent of public instruction by the 15th of the month.
[]
The following sections of the Washington Administrative Code are repealed:
| WAC 392-127-030 | Current school year--Definition. |
| WAC 392-127-035 | Following school year--Definition. |
| WAC 392-127-040 | Academic year--Definition. |
| WAC 392-127-050 | Addition FTE--Definition. |
| WAC 392-127-055 | Reduction FTE--Definition. |
| WAC 392-127-060 | Reassignment FTE--Definition. |
| WAC 392-127-095 | Initial report by the superintendent of public instruction. |
| WAC 392-127-101 | Interim report by the superintendent of public instruction. |
| WAC 392-127-106 | Final report by the superintendent of public instruction. |
| WAC 392-127-810 | Finance--Limitations on enrollment counts. |