WSR 18-17-183
[Filed August 22, 2018, 10:16 a.m.]
Subject of Possible Rule Making: The office of superintendent of public instruction (OSPI) is considering amending WAC 392-140-973 to allow schools that participate in the National School Breakfast and Lunch Program's Community Eligibility Provision (CEP) meal service option and have historically been challenging high-poverty schools ("challenging schools") for purposes of the National Board Certified Teacher (NBCT) bonus to continue to qualify as challenging schools for the duration of their CEP eligibility.
OSPI is further considering amending the rules to clarify that [a] challenging school full-time employee must be reported directly to OSPI on or before June 15 of any given year.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.150.290(1) and 28A.405.415.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: CEP is a federal nonpricing meal service option for schools in low-income areas that allows high-poverty schools to serve breakfast and lunch at no cost to all of their enrolled students. CEP schools do not need to collect household applications to determine students' school meal program eligibility. Instead, the schools are reimbursed using a formula based on the percentage of students categorically eligible for free meals based on their participation in other specific means-tested programs. WAC 392-140-973 provides that NBCT certificated instructional staff who work in challenging schools are eligible for a salary bonus. Challenging schools are defined as schools that meet a minimum threshold based on prior year headcount enrollment of students eligible for free of [or] reduced price meals (FRPL). Because CEP schools are not required to collect household applications, OSPI has not been able to consistently determine under the current rule whether high-poverty schools that were historically classified as challenging schools meet the FRPL headcount enrollment threshold for purposes of NBCT bonus eligibility.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Carrie Dubuque, OSPI, P.O. Box 47200, Olympia, WA 98504, phone 360-725-6119, TTY 360-664-3631, email, web site
August 22, 2018
Chris P. S. Reykdal
State Superintendent
of Public Instruction