WSR 09-01-091

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

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

     Title of Rule and Other Identifying Information: Chapter 392-122 WAC, entire chapter.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY February 23, 2009.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To change out-dated references throughout the chapter and remove WAC related to traffic safety education.

     Reasons Supporting Proposal: This includes deleting a WAC references where the WAC was repealed and revising several WACs where changes took place to some of the WACs used as references and this chapter wasn't updated at the time of the changes. The state no longer funds traffic safety education so the WAC is being deleted pertaining to it.

     Statutory Authority for Adoption: RCW 28A.150.290.

     Statute Being Implemented: RCW 28A.150.290.

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

     Name of Proponent: Superintendent of public instruction, governmental.

     Name of Agency Personnel Responsible for Drafting: Mitch Thompson, 600 South Washington Street, Olympia, (360) 725-6306; Implementation: Calvin W. Brodie, 600 South Washington Street, Olympia, (360) 725-6301; and Enforcement: Jennifer Priddy, 600 South Washington Street, Olympia, (360) 725-6292.

December 16, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-2085.1


AMENDATORY SECTION(Amending WSR 96-03-002, filed 1/3/96, effective 2/3/96)

WAC 392-122-135   State special education program -- Eligible special education students.   Eligible special education students are those students:

     (1) For the 1994-95 school year as defined in:

     (a) WAC 392-171-381 (developmentally disabled preschool students);

     (b) WAC 392-171-386 (seriously behaviorally disabled students);

     (c) WAC 392-171-391 (communication disordered students);

     (d) WAC 392-171-396 (orthopedically impaired students);

     (e) WAC 392-171-401 (health impaired students);

     (f) WAC 392-171-406 (specific learning disabled students);

     (g) WAC 392-171-421 (mentally retarded students);

     (h) WAC 392-171-431 (multidisability students);

     (i) WAC 392-171-436 (deaf students);

     (j) WAC 392-171-441 (hard of hearing students);

     (k) WAC 392-171-446 (visually impaired students); and

     (l) WAC 392-171-451 (deaf-blind students); and

     (2) For the 1995-96 school year and thereafter:

     (a) Meeting the definition of enrolled student in WAC 392-121-106, enrolled in a course of study pursuant to WAC 392-121-107 and who qualify and are receiving special education services pursuant to chapter 392-172A WAC; or

     (b) Who are under six years of age, qualify as developmentally delayed pursuant to WAC ((392-172-114)) 392-172A-01035 and are receiving special education services pursuant to chapter 392-172A WAC; or

     (c) Who are under six years of age, qualify as communication disordered pursuant to WAC ((392-172-120)) 392-172A-01035 and are receiving special education services pursuant to chapter 392-172A WAC.

[Statutory Authority: RCW 28A.150.290. 96-03-002, § 392-122-135, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-135, filed 10/2/84.]


AMENDATORY SECTION(Amending WSR 96-03-002, filed 1/3/96, effective 2/3/96)

WAC 392-122-140   State special education program -- Home and/or hospital care.   State special education program moneys shall be allocated to school districts for students eligible under WAC ((392-172-218)) 392-172A-02100 temporarily requiring home and/or hospital care at the maximum rate provided annually by the superintendent of public instruction for the purpose of distributing home and/or hospital care allocations.

[Statutory Authority: RCW 28A.150.290. 96-03-002, § 392-122-140, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-140, filed 10/2/84.]


AMENDATORY SECTION(Amending WSR 05-15-126, filed 7/18/05, effective 8/18/05)

WAC 392-122-145   State special education program -- Home and/or hospital care -- Extended absences.   Students eligible under WAC ((392-172-218)) 392-172A-02100 temporarily requiring home and/or hospital care shall be counted as enrolled students pursuant to WAC 392-121-106 as follows:

     (1) Students not deemed eligible special education students pursuant to WAC 392-122-135 whose absence from the regular attendance continues through two consecutive monthly enrollment report days shall be dropped from the rolls and shall not be counted as an enrolled student on the next monthly enrollment report day unless attendance has resumed. Such students shall only be eligible for home and/or hospital care allocations until attendance in the regular program is resumed.

     (2) Students deemed eligible special education students pursuant to WAC 392-122-135 shall be reported as enrolled students for the duration of the home and/or hospital care.

[Statutory Authority: RCW 28A.150.290. 05-15-126, § 392-122-145, filed 7/18/05, effective 8/18/05; 96-03-002, § 392-122-145, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. 91-03-118 (Order 2), § 392-122-145, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-145, filed 10/2/84.]


AMENDATORY SECTION(Amending WSR 96-03-002, filed 1/3/96, effective 2/3/96)

WAC 392-122-166   State special education program allocation.   The board of directors of a school district may request the superintendent of public instruction to pay a portion of the district's special education allocation to another school district or an educational service district. The request must be submitted on Form ((1324)) 1295 and must state the dollar amount of the transfer. The board can modify the dollar amount of the transfer by submitting another Form ((1324)) 1295 to the superintendent of public instruction. Unless the form requesting a transfer states a timeline for making the transfer, the superintendent of public instruction shall execute the transfer pursuant to the provisions of WAC 392-121-400.

[Statutory Authority: RCW 28A.150.290. 96-03-002, § 392-122-166, filed 1/3/96, effective 2/3/96.]


AMENDATORY SECTION(Amending Order 98-09, filed 10/20/98, effective 11/20/98)

WAC 392-122-235   State institutional education program -- Determination of average state institutional program certificated instructional staff salary for the purpose of apportionment.   The determination of average institutional education program certificated instructional staff salary used in the institutional education allocation formula for the purposes of apportionment shall be the same as specified in WAC 392-121-299((:)); provided, that the words "state institutional education program" shall be substituted for "basic education" throughout that section.

[Statutory Authority: 1998 c 244 § 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), § 392-122-235, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. 91-03-118 (Order 2), § 392-122-235, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-235, filed 10/2/84.]


AMENDATORY SECTION(Amending Order 2, filed 1/23/91, effective 2/23/91)

WAC 392-122-600   State learning assistance program -- Applicable code provisions.   The following sections of this chapter are applicable to the distribution of state moneys for the state learning assistance program:

     (1) WAC 392-122-600 through 392-122-610;

     (2) WAC 392-122-900((: Provided, That allowable expenditures including indirect expenditures shall be determined pursuant to WAC 392-162-095)); and

     (3) WAC 392-122-905 through 392-122-910.

[Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. 91-03-118 (Order 2), § 392-122-600, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-600, filed 10/2/84; 84-13-020 (Order 84-10), § 392-122-600, filed 6/13/84.]


AMENDATORY SECTION(Amending Order 84-36, filed 10/2/84)

WAC 392-122-705   Formula for the distribution of state moneys for the state transitional bilingual program.   (1) As used in this section the term "eligible student" shall mean those students defined under WAC 392-160-005(((c))) (3) and 392-150-015.

     (2) A district's entitlement for state moneys for the state transitional bilingual program shall be calculated as follows:

     (a) Multiplying the number of eligible students by the per pupil allocation established in the State Appropriation Act for the state transitional bilingual program.

     (b) The result of the calculation provided in (a) of this subsection is the district's entitlement subject to WAC 392-122-710 and its provision for enrollment adjustment.

[Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-705, filed 10/2/84; 84-13-020 (Order 84-10), § 392-122-705, filed 6/13/84.]


AMENDATORY SECTION(Amending WSR 96-03-002, filed 1/3/96, effective 2/3/96)

WAC 392-122-710   Distribution of state moneys for the transitional bilingual program.   The superintendent of public instruction shall apportion to districts for the state transitional bilingual program the amount calculated per district in WAC 392-122-705 according to the apportionment schedule provided in RCW 28A.510.250. Monthly payments to districts shall be adjusted during the year to reflect changes in the district's reported eligible students as reported on the P223, monthly report of school district enrollment form. For the purpose of transitional bilingual allocations, the district's eight-month average annual headcount enrollment of eligible students as defined in WAC 392-160-005 (((1)(c))) (3) and 392-160-015 shall be the average of such enrollment for the first school day of the second reporting month and the subsequent seven months.

[Statutory Authority: RCW 28A.150.290. 96-03-002, § 392-122-710, filed 1/3/96, effective 2/3/96. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-122-710, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.170. 86-01-021 (Order 85-16), § 392-122-710, filed 12/9/85; 84-20-078 (Order 84-36), § 392-122-710, filed 10/2/84; 84-13-020 (Order 84-10), § 392-122-710, filed 6/13/84.]


AMENDATORY SECTION(Amending WSR 96-03-002, filed 1/3/96, effective 2/3/96)

WAC 392-122-805   Formula for distribution of state moneys for the state highly capable students education program.   (1) As used in this section, the term "average annual full-time equivalent students" or AAFTE shall be defined as that term defined in WAC 392-121-133.

     (2) A district's entitlement for state moneys for the state highly capable students education program shall be calculated as follows:

     (a) Multiplying the AAFTE of the reporting district ((by one and one-half percent;

     (b) Multiplying the number of students obtained in the above calculation)) by the per pupil allocation established in the State Operating Appropriations Act in effect at the time the apportionment is due; and

     (((c))) (b) The product is the district's entitlement subject to WAC 392-122-810 and its provision for enrollment adjustment.

[Statutory Authority: RCW 28A.150.290. 96-03-002, § 392-122-805, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 28A.150.290, 1989 1st ex.s. c 19 and 1990 1st ex.s. c 16. 91-03-118 (Order 2), § 392-122-805, filed 1/23/91, effective 2/23/91. Statutory Authority: RCW 28A.41.170. 84-20-078 (Order 84-36), § 392-122-805, filed 10/2/84; 84-13-020 (Order 84-10), § 392-122-805, filed 6/13/84.]


AMENDATORY SECTION(Amending WSR 02-04-023, filed 1/24/02, effective 1/24/02)

WAC 392-122-900   General provision -- Indirect cost limitations, carryover limitations and recoveries.   Categorical apportionment moneys shall be expended for allowable categorical program costs. Indirect cost charges to categorical programs are limited as provided in this section. Categorical moneys may be carried over from one school district fiscal year to another only as provided in this section.

     (1) The superintendent of public instruction shall recover categorical program allocations made pursuant to this chapter if not expended by the school district during the school year for allowable program costs.

     (2) For the 2000-01 school year and thereafter, "allowable program costs" means direct program expenditures ((minus abatements, if applicable,)) plus allowable indirect program charges.

     (a) Direct program expenditures are expenditures directly traceable to the program for the school year reported consistent with the Accounting Manual for Public School Districts in the State of Washington and instructions provided by the superintendent of public instruction including the Administrative Budgeting, and Financial Reporting Handbook.

     (b) For the purposes of this section, special education program expenditures shall be reduced (abated) by revenues to account 7121 special education revenues from other districts.

     (c) For special education, highly capable, and transitional bilingual, ((and traffic safety programs,)) allowable indirect program charges equal direct program expenditures times the percentage calculated from the school district's annual financial statements (Report F-196) for two school years prior as follows:

     (i) Divide direct expenditures for program 97 districtwide support by;

     (ii) Total general fund direct expenditures for all programs minus direct expenditures for program 97 districtwide support; and

     (iii) Round to three decimal places.

     (d) For the learning assistance program, allowable indirect program charges equal the direct program expenditures times the federal restricted indirect rate calculated by the superintendent of public instruction.

     (e) For the institutional education program, allowable indirect program charges equal the state institutional education program allocation times the percentage allocated for indirect costs pursuant to the biennial operating appropriations act and the state funding formula.

     (3) Commencing with the 1994-95 school year allocation, a school district may carry over from one school district fiscal year to the next up to ten percent of the state learning assistance program allocation. Carryover moneys shall be expended solely for allowable learning assistance program costs.

     (4) Commencing with the 1997-98 school year allocation, a district may carry over from one school fiscal year to the next up to ten percent of state special education program allocation. Carryover moneys shall be expended solely for allowable state special education program costs.

     (5) Commencing with the 1998-99 school year allocation, a district may carry over from one school district fiscal year to the next up to ten percent of the state institutional education program allocation. Carryover moneys shall be expended solely for allowable state institutional education program costs.

     (6) The amount recovered pursuant to this section for special education, highly capable, bilingual, and learning assistance((, and traffic safety)) programs shall be determined as follows:

     (a) Sum the state allocation for the categorical program for the school year and any carryover from the prior school year if applicable;

     (b) Determine the district's allowable program costs for the school year pursuant to this section;

     (c) If the result of (a) of this subsection exceeds the result of (b) of this subsection, the difference less any allowable carryover shall be recovered.

     (7) The amount recovered pursuant to this section for the institutional education program shall be determined as follows:

     (a) Sum the state allocation for the institutional education program for the school year excluding any amount provided for indirect costs, and any carryover from the prior school year if applicable;

     (b) Determine the district's direct expenditures for the institutional education program as reported on Report F-196 or such other document filed pursuant to instructions provided by the superintendent of public instruction;

     (c) If the amount of (a) of this subsection exceeds the amount of (b) of this subsection, the difference less any allowable carryover shall be recovered.

     (8) This section applies to categorical program allocations to school districts, educational service districts and, in the case of institutional education programs, entities contracting to provide an institutional education program funded under this chapter.

[Statutory Authority: RCW 28A.150.290 and 1999 c 309 § 512. 02-04-023, § 392-122-900, filed 1/24/02, effective 1/24/02. Statutory Authority: RCW 28A.150.290. 96-03-002, § 392-122-900, filed 1/3/96, effective 2/3/96. Statutory Authority: 1995 2nd sp.s. c 18 § 519. 95-18-074, § 392-122-900, filed 9/1/95, effective 10/2/95. Statutory Authority: RCW 28A.150.290. 92-19-125 (Order 92-08), § 392-122-900, filed 9/21/92, effective 10/22/92. Statutory Authority: RCW 28A.41.170. 86-01-021 (Order 85-16), § 392-122-900, filed 12/9/85; 84-20-078 (Order 84-36), § 392-122-900, filed 10/2/84; 84-13-020 (Order 84-10), § 392-122-900, filed 6/13/84.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-122-265 State institutional education program -- Institutional program traffic safety allocation.
WAC 392-122-300 Traffic safety education -- Applicable provisions.
WAC 392-122-301 Traffic safety education -- Definition -- Completing student.
WAC 392-122-302 Traffic safety education -- Definition -- Low-income student.
WAC 392-122-303 Traffic safety education -- Low-income eligibility -- Documentation and confidentiality.
WAC 392-122-304 Traffic safety education -- Definition -- Low-income tuition assistance.
WAC 392-122-320 Traffic safety education -- Apportionment of state moneys.
WAC 392-122-321 Traffic safety education -- School district reporting.
WAC 392-122-322 Traffic safety education -- Recovery of moneys.

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