Date of Adoption: March 11, 2004.

     Purpose: The purpose is to reflect legislative changes and policy changes by the Special Education State Oversight Committee for 2003-04 school year regarding special education safety net procedure for school districts and educational service districts. Legislative changes require adaptation of Worksheet A for districts participating in pilot program according to provisions of RCW 28A.630.015(4) and change in state oversight committee membership. Policy changes remove provision for supplemental safety net funding and make minor language clarifications.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-140-600, 392-140-605, 392-140-608, 392-140-609, 392-140-626, 392-140-630, 392-140-640, 392-140-643, 392-140-646, and 392-140-653.

     Statutory Authority for Adoption: RCW 28A.150.290.

     Other Authority: Section 507(7), chapter 309, Laws of 1999.

      Adopted under notice filed as WSR 04-04-005 on February 22, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

April 2, 2004

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-6771.1

AMENDATORY SECTION(Amending WSR 03-02-053, filed 12/26/02, effective 1/26/03)

WAC 392-140-600   Special education safety net -- Applicable provisions.   The provisions of WAC 392-140-600 through 392-140-685 apply to the determination of safety net allocations of Individuals with Disabilities Education Act (IDEA) federal funds for the ((2002-03)) 2003-04 school year and thereafter.

[Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). 03-02-053, § 392-140-600, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. 01-04-023, § 392-140-600, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). 00-03-015, § 392-140-600, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. 96-19-095 (Order 96-15), § 392-140-600, filed 9/18/96, effective 10/19/96.]

     (1) School districts may make application for safety net funding for high-cost individual student(s). The school district making application for safety net funding shall certify that:

     (a) The district recognizes that differences in costs attributable to district philosophy, service delivery choice, or accounting practice are not a legitimate basis for safety net awards.

     (b) The application complies with the respective safety net application standards of WAC 392-140-616;

     (c) The application provides true and complete information to the best of the school district's knowledge;

     (d) The district understands that safety net funding is not an entitlement, is subject to adjustment and recovery, may not be available in future years, must be expended in program 24, and federal Medicaid has been billed for all services to eligible students;

     (e) The district is making reasonable effort to provide appropriate services for students in need of special education using state funding generated by the basic education apportionment and special education funding formulas and federal funding;

     (f) The district's special education services are operated in a reasonably efficient manner;

     (g) Indirect costs included for purposes of determining safety net allocations do not exceed the allowable percent for federal special education program plus one percent;

     (h) Any available state and federal funding is insufficient to address the additional needs;

     (i) The costs of any supplemental contracts are not included for purposes of determining safety net awards. Supplemental contracts are those contracts made pursuant to RCW 28A.400.200(4) excluding extended school year contracts (ESY) required by an IEP; and

     (j) The costs of any summer school instruction are not included for purposes of making safety net determinations excluding extended school year contracts (ESY) required by an IEP.

     (2) Worksheet A shall be included with the application and must demonstrate the need for safety net funding. Worksheet A is used to determine a maximum amount of eligibility for a school district. Award amounts may be less than the maximum amount of eligibility determined on Worksheet A. School districts are encouraged and may be required to submit additional information designed to assist the state oversight committee in analyzing the application.

     (3) All high-cost individual student applications shall include worksheets "A" and "C" and summary published in the safety net application, and certification of standards and criteria pursuant to WAC 392-140-616.

     (((4) At the final meeting of the year, the state oversight committee may consider supplemental safety net funding needs of applicant districts that have exhausted their pool of high-cost individual students. This supplemental funding is limited to the remaining safety net funding available pursuant to WAC 392-140-660.

     Districts making application for supplemental safety net funds shall convincingly demonstrate to the committee that their request for supplemental funding is not due to district philosophy, service delivery choice, or accounting practice.))

[Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). 03-02-053, § 392-140-605, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. 02-05-036, § 392-140-605, filed 2/12/02, effective 2/13/02; 01-04-023, § 392-140-605, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). 00-03-015, § 392-140-605, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). 98-08-013 (Order 98-05), § 392-140-605, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. 96-19-095 (Order 96-15), § 392-140-605, filed 9/18/96, effective 10/19/96.]

[Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. 96-19-095 (Order 96-15), § 392-140-608, filed 9/18/96, effective 10/19/96.]

     (1) The IEPs comply with federal and state procedural requirements.

     (2) The delivery of specially designed instruction identified on the IEP complies with state standards (regularly scheduled teaching or training activities provided or designed by special education qualified staff).

     (3) The provision of special education services conforms with areas of need identified in the student's evaluation and/or reevaluation made pursuant to chapter 392-172 WAC.

     (((4) The state oversight committee determines:

     (a) There are no unresolved state audit examination issues related to special education which are material in nature;

     (b) There are no unresolved state child count verification issues which are material in nature; and

     (c) All corrections to state enrollment reporting, required for resolution of (a) and (b) of this subsection, are completed.))

[Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). 03-02-053, § 392-140-609, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. 02-05-036, § 392-140-609, filed 2/12/02, effective 2/13/02; 01-04-023, § 392-140-609, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. 96-19-095 (Order 96-15), § 392-140-609, filed 9/18/96, effective 10/19/96.]

     (1) Application worksheet "A" shall demonstrate a fiscal need in excess of:

     (a) Any previous safety net awards for the current school year; and

     (b) All other available revenue for special education, including all carryover of state and federal special education revenue.

     (2) Awards shall not exceed the amount of need demonstrated on the worksheet "A."

     (3) Worksheets submitted with safety net applications are to reflect the state adopted excess cost method of accounting, consistently applied for both years presented.

     (4) The safety net oversight committee may revise the district's worksheet "A" submitted for errors or omissions or more current information.

     (5) The school district shall provide clarifying information as requested by the state oversight committee.

     (6) After the close of the school year, the safety net oversight committee may review the worksheet "A" used to determine need for a district's award against the actual final school year enrollments, revenues, and expenditures reported by the district. Based upon the results of this review:

     (a) The safety net allocation for the school year may be adjusted or recovered; or

     (b) If the committee finds that a portion of the safety net allocation was not needed to balance revenues and expenditures, the committee may consider that portion of the allocation available to meet the needs of the ensuing school year.

     (7) The state safety net oversight committee shall adapt the worksheet "A" - Demonstration of Need as appropriate for applications prepared by districts participating in the pilot program according to the provisions of RCW 28A.630.015(4).

     (8) In accordance with the state of Washington Accounting Manual for Public School Districts and proposed federal language, demonstrated need shall not include legal fees, court costs, or other costs associated with a cause of action brought on behalf of a child to ensure a free appropriated public education.

[Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). 03-02-053, § 392-140-626, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290. 01-04-023, § 392-140-626, filed 1/30/01, effective 1/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). 00-03-015, § 392-140-626, filed 1/7/00, effective 2/7/00.]

[Statutory Authority: RCW 28A.150.290. 02-05-036, § 392-140-630, filed 2/12/02, effective 2/13/02. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 507(7). 00-03-015, § 392-140-630, filed 1/7/00, effective 2/7/00. Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). 98-08-013 (Order 98-05), § 392-140-630, filed 3/18/98, effective 4/18/98.]

     (1) The state oversight committee members will be appointed by the office of superintendent of public instruction.

     (2) The state director of special education shall serve as an ex officio, nonvoting committee member and act as the state oversight committee manager.

     (3) Members of the state oversight committee from school districts and/or educational service districts will be appointed based on their knowledge of special education program service delivery and funding, geographical representation, size of district(s) served, and other demographic considerations which will guarantee a representative state committee.

     (4) Alternate members shall be appointed. In the event a member is unable to attend a committee meeting, an alternate member shall attend.

     (5) Membership appointments shall be made for a period of one year. The oversight committee manager may replace a portion of the committee each year in order to enhance representation.

[Statutory Authority: RCW 28A.150.290 and 1997 c 149 § 507(8). 98-08-013 (Order 98-05), § 392-140-640, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. 96-19-095 (Order 96-15), § 392-140-640, filed 9/18/96, effective 10/19/96.]

     (2) All applications received by the state oversight committee will be reviewed for completeness by the state oversight committee manager or designee. Applications must include all necessary forms, worksheets, and attachments described in the instruction bulletin published by the superintendent of public instruction. If applications are not complete, they will ((be returned to the submitting school district)) not be considered by the committee.

     (3) The state oversight committee manager will forward to the committee members copies of the applications in a timely manner.

     (4) The state oversight committee manager will be responsible for presenting each application for consideration to the committee.

     (5) Committee members shall question and discuss the application content for completeness, accuracy, and understanding of the reason(s) for the applicant's need for safety net funding.

     (6) The committee may request that a submitting school district provide clarifying information.

     (7) Committee members will individually indicate their agreement or disagreement with the action of the committee pursuant to WAC 392-140-646.

     (8) A majority vote by the committee members will be sufficient to determine the committee action.

     (9) The state oversight committee manager will ensure that notes are taken which summarize the questions and discussion related to each application. A decision summary for each application shall include the amount of the initial request, funding adjustments recommended by the committee, the amount of any award to be made, and the reasons for and against the action taken by the committee.

     (10) Committee members shall each sign the decision summary.

     (11) The state oversight committee manager, on behalf of the committee, will notify the applicant school district in writing of the determination of the committee. The school district will be provided a copy of the decision summary.

     (12) All applications received by the state oversight committee will be retained by the superintendent of public instruction for use in the evaluation of the safety net funding process and to provide the superintendent of public instruction with information with which to make future decisions regarding the safety net process.

[Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 507(7). 03-02-053, § 392-140-643, filed 12/26/02, effective 1/26/03. Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. 96-19-095 (Order 96-15), § 392-140-643, filed 9/18/96, effective 10/19/96.]

     (1) After the state oversight committee determines:

     (a) There are no unresolved audit examination issues related to special education that are material in nature;

     (b) There are no unresolved state child count verification issues which are material in nature; and

     (c) All corrections to state enrollment reporting, required for resolution of (a) and (b) of this subsection, are completed.

     (2) An application reviewed during an application cycle may be:

     (a) Approved;

     (b) Disapproved; or

     (c) Returned to the submitting school district, for possible resubmission at a later date during the school year, because information contained in the application is insufficient to establish a need for safety net funding.

     (((2))) (3) The amount approved shall be equal to or less than the amount for which application was made.

     (((3))) (4) The approval may be contingent on additional requirements imposed by the committee such as development of an action plan to resolve a specified problem prior to submission of any future safety net application to assure school district compliance with the criteria and standards set forth in these safety net regulations.

     (((4))) (5) The approvals are subject to adjustment and recovery pursuant to WAC 392-140-675 through 392-140-685.

[Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. 96-19-095 (Order 96-15), § 392-140-646, filed 9/18/96, effective 10/19/96.]

[Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. 96-19-095 (Order 96-15), § 392-140-653, filed 9/18/96, effective 10/19/96.]

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