WSR 09-01-089

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed December 16, 2008, 10:41 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-21-049.

Title of Rule and Other Identifying Information: WAC 392-140-973 Finance -- Special allocations -- Salary bonus for teachers and other certificated staff who hold current certification by the national board -- Eligibility.

Hearing Location(s): Old Capitol Building, 600 South Washington Street, P.O. Box 47200, Olympia, WA 98504-7200, on January 30, 2009, at 9:00 a.m.

Date of Intended Adoption: February 2, 2009.

Submit Written Comments to: Legal Services, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201, by January 29, 2009.

Assistance for Persons with Disabilities: Contact Clarice Nnanubu by January 29, 2009, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is a "housekeeping" amendment to rule revisions earlier in 2008 regarding the national board bonus. This amendment clarifies the eligibility criteria regarding which schools are deemed challenging, high poverty schools for the 2009-10 school year and thereafter, for purpose of the challenging, high poverty school bonus.

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 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

December 16, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-2088.1


AMENDATORY SECTION(Amending WSR 08-17-013, filed 8/8/08, effective 9/8/08)

WAC 392-140-973   Salary bonus for teachers and other certificated staff who hold current certification by the national board -- Eligibility.   Candidates who are eligible for the bonus shall be limited to those meeting the following requirements:

(1) Hold current certification by the national board for professional teaching standards; and

(2) Who are:

(a) Teachers and other certificated staff employed full time or part time under written contract by Washington public school districts or educational service districts pursuant to RCW 28A.405.210; or

(b) Teachers and other certificated staff employed full time or part time by a contractor pursuant to WAC 392-121-188 and 392-121-206 (2)(a); or

(c) Teachers and other certificated staff employed full time or part time by the Washington school for the deaf or Washington school for the blind; or

(d) Beginning in the 2007-08 school year and thereafter, national board certified teachers who received the bonus as a teacher or other certificated instructional staff in Washington and become public school principals or vice-principals shall continue to receive the bonus for as long as they are principals or vice-principals and maintain the national board certification.

(3) In addition to bonuses provided by subsection (2) of this section, teachers and other certificated staff shall be eligible for additional bonuses if the employee is in an instructional assignment in challenging, high poverty schools, subject to the following conditions and limitations:

(a) For the 2007-08 school year, challenging, high poverty schools are schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced-price lunch program is at least 70 percent, as determined by any of the following sources:

(i) The October 2006 count by the child nutrition section of the office of superintendent of public instruction; or

(ii) The October 2006 count by the core student records system of the office of superintendent of public instruction.

(b) For the 2008-09 school year, challenging, high poverty schools are schools eligible by either:

(i) Subsection (3)(a) of this section; or

(ii) Schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:

(A) 70 percent for elementary schools;

(B) 60 percent for middle schools; or

(C) 50 percent for high schools; as determined by any of the following sources:

(D) The October 2007 count by the child nutrition section of the office of superintendent of public instruction; or

(E) The October 2007 count by the core student records system of the office of superintendent of public instruction. For purposes of the national board challenging, high poverty schools bonus, a building shall be categorized based upon the highest grades served as follows:

(I) A building whose highest grade served is 6th grade or lower shall be considered an elementary school;

(II) A building whose highest grade served is either 7th, 8th, or 9th grade shall be considered a middle school; and

(III) A building whose highest grade served is either 10th, 11th, or 12th grade shall be considered a high school; provided, that, a building shall not be considered unless it serves greater than 20 students as of the October 2006 count, and greater than 30 students as of the October 2007 count, or is the largest building in the district serving its designated category.

(c) For the 2009-10 school year and thereafter, challenging, high poverty schools are schools eligible by either:

(i) Eligibility in the prior year; or

(ii) Schools where, for ((either of)) the ((two)) prior year((s)), the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:

(((i))) (A) 70 percent for elementary schools;

(((ii))) (B) 60 percent for middle schools; or

(((iii))) (C) 50 percent for high schools; as determined by the October count of the core student records system of the office of superintendent of public instruction.

(d) Teachers and other certificated staff that meet the qualifications for additional bonuses under this subsection who are assigned for less than one full school year or less than full time for the school year shall receive the additional bonuses in a prorated manner, subject to the following conditions and limitations:

(i) The portion of the employee's assignment to challenging, high poverty schools shall be determined as of either October 1 of the current school year or the employee's employment contract date for the current school year.

(ii) If the employee's assignment to challenging, high poverty schools is less than 1.0 full-time equivalent, the proration shall use the methodology in WAC 392-121-212 and shall be rounded to three decimal places.

(e) Principals and vice-principals shall not be eligible for additional bonuses that are based on instructional assignments in challenging, high poverty schools.

[Statutory Authority: RCW 28A.150.290(1). 08-17-013, 392-140-973, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 514(12). 02-15-023, 392-140-973, filed 7/9/02, effective 8/9/02.]

Washington State Code Reviser's Office