WSR 14-02-036
[Filed December 23, 2013, 12:10 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-17-055.
Title of Rule and Other Identifying Information: K-3, High poverty funding—Process and definition of eligible schools.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamker [Wanamaker] Conference Room, 600 Washington Street, Olympia, WA 98504, on February 5, 2014, at 10:00 a.m.
Date of Intended Adoption: February 6, 2014.
Submit Written Comments to: T. J. Kelly, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 664-3683.
Assistance for Persons with Disabilities: Contact Wanda Griffin by February 1, 2014, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2013-15 Biennial Appropriations Act makes receipt of K-1 high poverty funding contingent on districts demonstrating hiring to meet the funded class size. Current rule does not inform districts as to if their schools are eligible for K-3 high poverty funding until October, after the school year starts. The intent of this CR-102 is to inform interested parties of changes in that timeline which will allow schools to be notified which schools are eligible to receive K-3 high poverty funds in the spring prior to the school year starting.
Reasons Supporting Proposal: To inform districts as to if they will be receiving funding in time for them to make staffing decisions and budget appropriately.
Statutory Authority for Adoption: RCW 28A.150.290 and 84.52.0531.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting and Implementation: T. J. Kelly, OSPI, Olympia, Washington, (360) 725-6301; and Enforcement: JoLynn Berge, OSPI, Olympia, Washington, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 per subsection (5)(a)(1)[(i)]. Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
December 23, 2013
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 13-21-022, filed 10/7/13, effective 11/7/13)
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, and the school is not part of a district that receives any type of K-6 small school funding or the school does not receive remote and necessary 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 will be pulled on March 31st to 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 secondary CEDARS extract of October data will be pulled on July 30th. An updated list of eligible schools will be presented to districts in August.
On 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 mid-October.))
CEDARS data as of October of the previous school year will be used to determine school eligibility. A CEDARS extract of October 1st data will be pulled on March 31st to be used as the basis for K-3 high poverty funding eligibility for the subsequent school year. The list of eligible schools will be published by mid April. No changes to CEDARS data made after March 31st will be considered, and appeals will not be allowed.
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 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. Districts must meet the legislative compliance requirements of the K-3 high poverty funding in order to retain the full allotment.