WSR 09-18-078

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed August 31, 2009, 10:23 a.m. , effective August 31, 2009, 10:23 a.m. ]


Effective Date of Rule: Immediately.

Purpose: To allow school districts to transfer revenue from those received as general apportionment to their student achievement account to offset the reduction caused by the state fiscal stabilization fund grants.

Statutory Authority for Adoption: RCW 28A.150.360.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: School districts received state fiscal stabilization fund grants during the 2008-09 school year. These grants were in place of other revenues for May 2009 through August 2009. Payments for student achievement for July and August 2009 were not made from state moneys; instead they were paid through the state fiscal stabilization fund grant awards. This reduction in student achievement moneys will have an effect on a district's ability to carry over unspent student achievement money into the 2009-10 school year. To bring their final student achievement revenue balance equal to the amount calculated for the 2008-09 school year, school districts need authority to transfer revenues from general apportionment to student achievement. This rule must be in effect before the end of the school year on August 31, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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 1, Amended 0, Repealed 0.

Date Adopted: August 31, 2009.

Randolph I. Dorn

Superintendent of

Public Instruction


NEW SECTION
WAC 392-121-450   Transfer of general apportionment revenues   School districts may make a one-time transfer of revenues from those revenues received as General Apportionment (Revenue Code 3100) into their Student Achievement account (Revenue Code 4166) to assist in the closing of the 2008-2009 school year.

The amount of such transfer is limited to the amount of a school district's allocation for Student Achievement moneys for July and August 2009, as outlined in chapter 541, Laws of 2009.

Revenues transferred in this manner shall be considered as Student Achievement revenues for all purposes including carryover calculations.

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Washington State Code Reviser's Office