WSR 11-23-119




[ Filed November 21, 2011, 10:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-20-068.

Title of Rule and Other Identifying Information: K-3 high poverty funding -- Process and rules for determining an eligible school.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 Washington Street S.E., Olympia, WA 98504, on December 28, 2011, at 11:30 a.m.

Date of Intended Adoption: December 28, 2011.

Submit Written Comments to: T. J. Kelly, P.O. Box 47200, Olympia, WA 98504, e-mail, fax (360) 664-3683, by December 27, 2011.

Assistance for Persons with Disabilities: Contact Wanda Griffin by December 27, 2011, TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this request is to establish the process and definition of an eligible school with respect to K-3 high poverty funding. This will allow the state to allocate the funds allotted in the biennial budget bill for enhanced K-3 class size for districts that have more than fifty percent poverty.

Reasons Supporting Proposal: Without this definition and process being established, there will be no clear method to follow when distributing the K-3 high poverty allocation in the biennial budget.

Statutory Authority for Adoption: 2ESHB 1087, section 502.

Statute Being Implemented: WAC 392-140-915.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: OSPI recommends approving the statutory language that has been submitted with this request.

Name of Proponent: OSPI, governmental.

Name of Agency Personnel Responsible for Drafting: T. J. Kelly, OSPI, Olympia, Washington, (360) 725-6181; Implementation: JoLynn Berge, OSPI, Olympia, Washington, (360) 725-6301; and Enforcement: Shawn Lewis, OSPI, Olympia, Washington, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change is required to implement a funding mechanism established by the legislature. A fiscal note was previously prepared and submitted to the legislature upon drafting of the bill and inclusion in the biennial budget.

A cost-benefit analysis is not required under RCW 34.05.328. This change is required to implement a funding mechanism established by the legislature. A fiscal note was previously prepared and submitted to the legislature upon drafting of the bill and inclusion in the biennial budget.

November 21, 2011

Randy Dorn

State Superintendent


WAC 392-140-915   High poverty funding -- Process and definition of eligible schools.   For the purposes of this section, an eligible school is one in which the free and reduced priced lunch percentage for students in grades K-6 exceeds fifty percent within the school building, the school itself does not receive remote and necessary funding and the school is not part of a district that receives small school funding. CEDARS data as of October of the previous school year will be used to determine school eligibility. If a school is determined to be eligible, the K-3 full-time equivalent enrollment as reported to the office of superintendent of public instruction on the P-223 will be used to generate funding at an enhanced class size as determined by the legislature.

A preliminary CEDARS extract of October data as of March 31st will be used to determine a preliminary list of eligible schools to be published in April. This list will be used by districts as a basis for estimating the total eligible high poverty enrollment to be put into the F-203 for budgeting purposes. Districts will have until September 30th to make adjustments to this data before it is considered final for funding purposes.

A second CEDARS extract of October data as of July 30th will be used to update the list of eligible schools and will be available in August.

As of September 30th, the October CEDARS data for the previous school year will be considered final for K-3 high poverty funding purposes. A final data extract will be used to determine schools that are eligible for high poverty funding. Final determination of eligible schools for the current school year will be available in October.

Funding of K-3 high poverty schools will be based upon budgeted K-3 enrollment in eligible high poverty schools as stated in a district's F-203, and used as the basis for funding from September through December. Funding based on average annual full-time equivalent enrollment reported in final approved eligible schools will begin in January and continue through August.


Washington State Code Reviser's Office