WSR 05-17-174




[ Filed August 23, 2005, 4:35 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-13-098.

Title of Rule and Other Identifying Information: WAC 392-121-262 Finance -- General apportionment -- Certificated instructional staff.

Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on September 29, 2005, at 9:00 a.m.

Date of Intended Adoption: October 13, 2005.

Submit Written Comments to: Legal Services, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 753-4201, by September 26, 2005.

Assistance for Persons with Disabilities: Contact Sheila Emery by September 26, 2005, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules are part of the state funding formula for K-12 education. The 2005 legislature added a sixth criteria to the list of additional criteria for all credits earned by certificated instructional staff after September 1, 1995, for application to the salary schedule developed by the legislative evaluation and accountability program committee.

Reasons Supporting Proposal: Rule revisions are needed to implement provisions in RCW 28A.415.023 amended during the 2005 legislative session.

Statutory Authority for Adoption: RCW 28A.150.290(1).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable, no small business impact.

A cost-benefit analysis is not required under RCW 34.05.328. The Superintendent of Public Instruction is not subject to RCW 34.05.328 (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

August 22, 2005

Marty Daybell

for Dr. Terry Bergeson

Superintendent of

Public Instruction


AMENDATORY SECTION(Amending WSR 02-22-065, filed 11/1/02, effective 12/2/02)

WAC 392-121-262   Definition -- Additional criteria for all credits.   Credits earned after September 1, 1995, must satisfy the following criteria in addition to those found in WAC 392-121-255, 392-121-257, and 392-121-259:

(1) At the time credits are recognized by the school district the content of the course must meet at least one of the following:

(a) It is consistent with a school-based plan for mastery of student learning goals as referenced in RCW 28A.655.110, the annual school performance report, for the school in which the individual is assigned;

(b) It pertains to the individual's current assignment or expected assignment for the following school year;

(c) It is necessary for obtaining endorsement as prescribed by the state board of education;

(d) It is specifically required for obtaining advanced levels of certification; ((or))

(e) It is included in a college or university degree program that pertains to the individual's current assignment or potential future assignment as a certificated instructional staff; or

(f) It addresses research-based assessment and instructional strategies for students with dyslexia, dysgraphia, and language disabilities when addressing learning goal one under RCW 28A.150.210, as applicable and appropriate for individual certificated instructional staff;

(2) Credits which have been determined to meet one or more of the criteria in subsection (1) of this section shall continue to be recognized in subsequent school years and by subsequent school district employers; and

(3) Credits not recognized in a school year may be recognized in a subsequent school year if there is a change in the qualifying criteria such as a change in state board of education rules, a change in the district's strategic plan, a change in the school-based plan for the school in which the individual is assigned, a change in the individual's assignment, or a change in the individual's employer.

[Statutory Authority: RCW 28A.150.290(1) and section 503 (1)(b) of the 2002 supplemental budget. 02-22-065, 392-121-262, filed 11/1/02, effective 12/2/02. Statutory Authority: RCW 28A.150.290 and chapter 28A.415 RCW. 97-22-106 (Order 97-07), 392-121-262, filed 11/5/97, effective 12/6/97. Statutory Authority: RCW 28A.150.290. 95-21-096 (Order 95-09), 392-121-262, filed 10/18/95, effective 11/18/95.]

Washington State Code Reviser's Office