WSR 18-16-123
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed August 1, 2018, 11:44 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-11-129.
Title of Rule and Other Identifying Information: WAC 392-122-900 General provision—Indirect cost limitations, carryover limitations and recoveries, carryover and recovery calculation rules for learning assistance program (LAP) high poverty allocations for the 2017-18 school year.
Hearing Location(s): On September 5, 2018, at 11:00 a.m., at the Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Olympia, WA 98501. If you are planning to testify, please arrive by 11:00 a.m.
Date of Intended Adoption: September 7, 2018.
Submit Written Comments to: T. J. Kelly, OSPI, P.O. Box 47200, Olympia, WA 98504, email thomas.kelly@k12.wa.us, fax 360-664-3683, other 360-725-6301, by September 5, 2018.
Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-754-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by August 29, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is considering revising the LAP carryover and recovery calculation rules for the purpose of ensuring that funding for students in need of additional support as appropriated by the legislature can be utilized as the legislature intended. This proposed rule change will allow the funding generated at high poverty schools this school year to be spent at the schools which generated the funding next year, instead of being recovered by the state.
Reasons Supporting Proposal: This rule change will allow the funding to have maximum benefit to the high poverty students in receiving districts.
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, 600 South Washington, Olympia, WA, 360-725-6301; and Enforcement: Lisa Dawn-Fisher, OSPI, 600 South Washington, Olympia, WA, 360-725-6292.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: No small business economic impact statement has been prepared under chapter
19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW
19.85.030 (1) or (2).
August 1, 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 392-122-900General provision—Indirect cost limitations, carryover limitations and recoveries.
Categorical apportionment moneys shall be expended for allowable categorical program costs. Indirect cost charges to categorical programs are limited as provided in this section. Categorical moneys may be carried over from one school district or charter school fiscal year to another only as provided in this section.
(1) The superintendent of public instruction shall recover categorical program allocations made pursuant to this chapter if not expended by the school district or charter school during the school year for allowable program costs.
(2) For the 2000-01 school year and thereafter, "allowable program costs" means direct program expenditures plus allowable indirect program charges.
(a) Direct program expenditures are expenditures directly traceable to the program for the school year reported consistent with the Accounting Manual for Public School Districts in the State of Washington and instructions provided by the superintendent of public instruction including the Administrative Budgeting, and Financial Reporting Handbook.
(b) For the purposes of this section, special education program expenditures shall be reduced (abated) by revenues to account 7121 special education revenues from other districts or charter schools.
(c) For special education, highly capable, and transitional bilingual, allowable indirect program charges equal direct program expenditures times the percentage calculated from the school district's or charter school's annual financial statements (Report F-196) for two school years prior as follows:
(i) Divide direct expenditures for program 97 ((districtwide)) district-wide support by;
(ii) Total general fund direct expenditures for all programs minus direct expenditures for program 97 ((districtwide)) district-wide support; and
(iii) Round to three decimal places.
(d) For the learning assistance program, allowable indirect program charges equal the direct program expenditures times the federal restricted indirect rate calculated by the superintendent of public instruction.
(e) For the institutional education program, allowable indirect program charges equal the state institutional education program allocation times the percentage allocated for indirect costs pursuant to the biennial operating appropriations act and the state funding formula.
(3) Commencing with the 1994-95 school year allocation, a school district or charter school may carry over from one school district fiscal year to the next up to ten percent of the state learning assistance program allocation. For the 2017-18 school year only, a school district or charter school may carry over all unspent learning assistance program high poverty allocations to the 2018-19 school year. Carryover moneys shall be expended solely for allowable learning assistance program costs.
(4) Commencing with the 1997-98 school year allocation, a district or charter school may carry over from one school fiscal year to the next up to ten percent of state special education program allocation. Carryover moneys shall be expended solely for allowable state special education program costs.
(5) Commencing with the 1998-99 school year allocation, a school district may carry over from one school district fiscal year to the next up to ten percent of the state institutional education program allocation. Carryover moneys shall be expended solely for allowable state institutional education program costs.
(6) The amount recovered pursuant to this section for special education, highly capable, bilingual, and learning assistance programs shall be determined as follows:
(a) Sum the state allocation for the categorical program for the school year and any carryover from the prior school year if applicable;
(b) Determine the district's or charter school's allowable program costs for the school year pursuant to this section;
(c) If the result of (a) of this subsection exceeds the result of (b) of this subsection, the difference less any allowable carryover shall be recovered.
(7) For the 2017-18 school year only, learning assistance program high poverty allocations are not subject to the recovery provisions outlined in WAC 392-122-900 (6)(a) through (c).
(8) The amount recovered pursuant to this section for the institutional education program shall be determined as follows:
(a) Sum the state allocation for the institutional education program for the school year excluding any amount provided for indirect costs, and any carryover from the prior school year if applicable;
(b) Determine the school district's direct expenditures for the institutional education program as reported on Report F-196 or such other document filed pursuant to instructions provided by the superintendent of public instruction;
(c) If the amount of (a) of this subsection exceeds the amount of (b) of this subsection, the difference less any allowable carryover shall be recovered.
(((8))) (9) This section applies to categorical program allocations to school districts, educational service districts and, in the case of institutional education programs, entities contracting to provide an institutional education program funded under this chapter.