WSR 18-03-110 EMERGENCY RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed January 19, 2018, 8:29 a.m., effective January 19, 2018, 8:29 a.m.] Effective Date of Rule: Immediately upon filing. Purpose: To align state rules governing vocational education program minimum expenditures to the changes made in the 2017-2019 Appropriations Act. Citation of Rules Affected by this Order: Amending WAC 392-121-570, 392-121-571, and 392-121-573. Other Authority: SSB 5883 – 2017-2019 Biennial Appropriations Act. Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule. Reasons for this Finding: The 2017-2019 Biennial Operating Appropriations Act limits indirect cost charges to school district state-funded vocational-secondary programs. Emergency rules are therefore necessary to reduce the vocational program indirect rate to five percent, ensure that no district has minimum expenditures greater than its total program allocation, and ensure that districts and vocational education programs have access to the correct proportionate share of their allocations as directed in the Appropriations Act. A public hearing regarding a proposed permanent rule (WSR 17-23-193) was held on January 9, 2018, and office of superintendent of public instruction is actively undertaking the appropriate procedures to adopt this emergency rule as a permanent rule. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: January 19, 2018. Chris P. S. Reykdal State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-570 Vocational indirect cost limit—Applicable code provisions—Purpose—Effective date.
(1) WAC 392-121-570 through 392-121-578 define the ((fifteen)) five percent limit on indirect cost charges to school district state-funded vocational-secondary programs as required by the Biennial Operating Appropriations Act. These rules do not apply to federal vocational funding which is governed by federal policies.
(2) The purpose of these sections is to assure that state allocations for vocational education are expended by school districts and charter schools to support state vocational programs. The minimum levels defined here are not to be construed as recommended expenditure levels.
(3) These sections are effective for the ((2002-03)) 2017-18 school year and thereafter.
(4) WAC 392-121-570 through 392-121-578 also apply to program 34, with program 34 substituted wherever program 31 appears. Running start does not apply to program 34.
AMENDATORY SECTION (Amending WSR 17-01-020, filed 12/12/16, effective 12/24/16)
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 district-wide staff mix factor ((for program 31 staff)) from the district's S-275 personnel report.
(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)) district-wide or charter school's average certificated instructional staff mix factor ((for program 31)).
(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 392-121-573 Vocational indirect cost limit—Calculation of minimum program 31 expenditures.
Each school district's or charter school's minimum program 31 expenditures equal the sum of the following amounts:
(1) ((Eighty-five)) Ninety-five percent of the total basic and vocational enhancement allocations for vocational students;
(2) Ninety-three percent of the vocational running start allocation; plus
(3) Any carryover from the prior school year allowed under WAC 392-121-578.
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