WSR 19-18-076
[Filed September 3, 2019, 2:26 p.m.]
Subject of Possible Rule Making: WAC 392-140-973 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national boardEligibility.
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: The office of superintendent of public instruction (OSPI) is considering rule making to allow schools that participate in the National School Breakfast and Lunch Program's Provision 2 meal service option and have historically been challenging high-poverty schools (challenging schools) for purposes of the National Board Certified Teaches [Teachers] (NBCT) bonus to continue to qualify as challenging schools for the duration of their Provision 2 eligibility. Provision 2 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. Provision 2 schools do not need to collect household applications to determine students' school meal program eligibility. Instead, it allows schools to establish claiming percentages and to serve all meals at no charge for a four year period. 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 [lunch] (FRPL). Because Provision 2 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. Requiring the use of prior year data to determine FRPL headcount enrollment eligibility will cause individual teachers in some historically challenging Provision 2 schools to lose the challenging schools.
OSPI is also considering making technical and housekeeping revisions to chapter 392-140 WAC.
Process for Developing New Rule: Early solicitation of public comments and recommendations respecting new, amended, or repealed rules, and consideration of the comments and recommendations in the course of drafting rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Steven Mueller, OSPI, P.O. Box 47200, Olympia, WA 98504, phone 360-725-6119, fax 360-753-4201, TTY 360-664-3631, email, web site
September 3, 2019
Chris P. S. Reykdal
State Superintendent
of Public Instruction