WSR 14-08-074
[Filed March 31, 2014, 2:59 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-24-059.
Title of Rule and Other Identifying Information: These rules address the details and methodology of the K-1 high poverty staffing compliance calculation as required by the legislature.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 Washington, Olympia, WA 98504, on May 7, 2014, at 10:00 a.m.
Date of Intended Adoption: May 7, 2014.
Submit Written Comments to: T. J. Kelly, P.O. Box 47200, Olympia, WA 98504, e-mail, fax (360) 664-3683, by May 7, 2014.
Assistance for Persons with Disabilities: Contact Wanda Griffin by May 1, 2014, (360) 725-6132.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These are new rules that are necessary to address the details and methodology for determining compliance with K-1 high poverty funding starting with the 2014-15 school year. This is the second CR-102 filed for these rules, as a significant change in the language was made prior to the initial rules hearing.
Reasons Supporting Proposal: To ensure that school districts are being funded in accordance with the Omnibus Appropriations Act.
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, (360) 725-6301; and Enforcement: JoLynn Berge, OSPI, (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).
March 31, 2014
Randy Dorn
Superintendent of
Public Instruction
WAC 392-140-921 K-1 high poverty class size compliance.
The superintendent of public instruction shall determine which high poverty schools are eligible for enhanced funding for class size reduction per WAC 392-140-915. High poverty class size compliance will be measured at each eligible school independent of other eligible schools within a district. A demonstrated class size will be measured at each eligible school. That demonstrated class size will be converted to a funded class size, and a weighted average funded class size by district will be calculated and used for funding purposes.
Compliance calculations will be performed in January, March, and June of each school year. The most recent weighted average funded class size will be used for funding purposes. Districts will be funded based on their budgeted high poverty class size from September through December. Only districts with at least one high poverty eligible school may budget an enhanced class size.
WAC 392-140-923 K-1 high poverty class size—Enrollment.
School level enrollment by grade at each of the high poverty eligible schools will be considered from the current school year October 1 CEDARS data inclusive of changes through the enrollment count day in January, March, and June. All students in ALE programs will be excluded from the compliance calculation. First grade and full day kindergarten students will be considered a 1.0 FTE, while half day kindergartners will be considered a 0.5 FTE.
WAC 392-140-932 K-1 high poverty class size—Teachers.
The superintendent of public instruction shall include in the calculation of high poverty class size compliance those teachers reported on the S-275 at the eligible schools that are coded in programs 01 and 79 to grade group K or 1, and are reported in one of the following duty roots:
• Duty Root 31 – Elementary teacher
• Duty Root 33 – Other teacher
• Duty Root 52 – Substitute teacher
• Duty Root 63 – Contractor teacher
S-275 data as of the published apportionment cutoff dates in January, March, and June will be considered in the calculation.
Program 21 special education teachers coded to grade K or 1 at the eligible schools multiplied by the annual percentage of students in special education instruction used in determination of a district's 3121 revenue will be included.
Teachers coded to program 02 alternative learning experience shall be excluded.
WAC 392-140-933 K-1 demonstrated class size.
Demonstrated class size at each school will be calculated by dividing the total teachers for that school as described in WAC 392-140-932 into the calculated total of K-1 student FTE for that school. Funded class size will equal the demonstrated class size to a maximum of 24.1 and a minimum of 20.3 students per teacher.
A weighted average of funded class sizes across all high poverty eligible schools will be calculated by multiplying eligible enrollment as defined in WAC 392-140-923 at each school by the funded class size at each school. The results of that calculation for each school will be summed and divided by the total K-1 calculate enrollment at all eligible schools to arrive at a district wide weighted average funded class size. This weighted average funded class size will be used for funding purposes.