WSR 16-22-039 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed October 27, 2016, 10:11 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-18-026.
Title of Rule and Other Identifying Information: Vocational indirect cost limit carryover recovery calculations as described in WAC 392-121-571 and 392-121-578 need to be revised to eliminate the language that restricts the allowable program carryover to the value of the career and technical education (CTE) enhancement which is now approximately three percent.
Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Olympia, WA 98501, on December 7, 2016, at 11:00 a.m.
Date of Intended Adoption: December 9, 2016.
Submit Written Comments to: T. J. Kelly, P.O. Box 47200, Olympia, WA 98504-7200, e-mail thomas.kelly@k12.wa.us, fax (360) 664-3683, by December 7, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by November 30, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Current rule limits the amount of carryover a CTE program can bring from one school year to the next to the value of the CTE program enhancement. While the maximum allowable carryover is ten percent, because the enhancement is now less than ten percent, districts cannot actually carryover that level of funds any longer. This rule change will eliminate the language that restricts the carryover to the value of the CTE enhancement, and make it ten percent of the program allocation less recovery.
Reasons Supporting Proposal: This rule change will allow programs to carryover state funds from one school year to the next at a level that will allow them to build budget capacity in future years, and facilitate program growth.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable, no small business impact, no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
October 21, 2016
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-571 Vocational indirect cost limit—Definitions.
As used in WAC 392-121-570 through 392-121-578:
(1) "Program 31" means the high school vocational-basic-state program as defined in the Accounting Manual for Public School Districts in the State of Washington.
(2) "Program 34" means the middle school vocational-basic-state program as defined in the Accounting Manual for Public School Districts in the State of Washington.
(3) "Basic allocation for vocational students" means the amount of money generated by a school district's or charter school's vocational full-time equivalent enrollment in the general apportionment formula using the state funding formula factors including the grade 4-12 staffing ratios without enhancement, and using the district's or charter school's average certificated instructional staff mix factor for program 31 staff from the district's S-275 personnel report.
(((3))) (4) "Enhancement allocation for vocational students" means the additional money above the basic allocation for vocational students generated by a school district's or charter school's vocational full-time equivalent enrollment as a result of the enhanced state vocational staffing ratio and enhanced nonemployee related cost allocation for vocational students. This enhancement shall be calculated using the district's or charter school's average certificated instructional staff mix factor for program 31.
(((4))) (5) "Vocational running start allocation" means the amount generated in the general apportionment formula by a school district's or charter school's running start students enrolled in vocational courses in a community or technical college pursuant to chapter 392-169 WAC.
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-578 Vocational indirect cost limit—Recovery of state allocations.
(1) At the time of the January apportionment calculations after the close of the school year, the superintendent of public instruction shall recalculate each school district's or charter school's minimum direct expenditures.
(2) If the district's or charter school's program 31 expenditures are below the minimum program 31 expenditure amount, the district or charter school shall be allowed to carry over into the ensuing school year an amount equal to up to ten percent of the minimum expenditure amount excluding any carryover from the prior school year((. The actual amount carried over to the ensuing year shall be no more than the vocational enhancement)), less ((the)) recovery.
(3) The superintendent of public instruction shall recover from the district's or charter school's general apportionment allocation as a prior year adjustment an amount equal to the lesser of the district's or charter school's enhancement allocation for vocational students or the following amount:
(a) The district's or charter school's minimum program 31 expenditures; minus
(b) The district's or charter school's program 31 expenditures plus any allowable carryover.
(4) Recoveries made pursuant to this section shall be adjusted after the January apportionment calculation if revised enrollment, staff mix, or expenditure data submitted by the district or charter school and accepted by the superintendent of public instruction materially affects the district's or charter school's recovery amount.
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