WSR 22-23-068
EMERGENCY RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed November 10, 2022, 9:22 a.m., effective November 10, 2022, 9:22 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Add new sections to chapter 392-122 WAC to describe the compliance rules and calculations concerning provisions in SSHB [2SHB] 1664 (2022) and the 2022 supplemental budget (ESSB 5693) related to physical, social, and emotional support in schools. These changes are required to ensure that local education agencies receive an allocation for basic education that is in alignment with the state budget.
Citation of Rules Affected by this Order: New WAC 392-122-430, 392-122-435, 392-122-440, 392-122-445, 392-122-450, and 392-122-455.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The 2022 supplemental budget (ESSB 5693) implements SSHB [2SHB] 1664, which provides increased funding allocations for physical, social, and emotional support through the prototypical school funding model beginning with the 2022-23 school year. Maximum allocations to local education agencies are subject to compliance rules as drafted by the office of superintendent of public instruction (OSPI). These changes are required to ensure that local education agencies receive an allocation for basic education that is in alignment with the state budget. Without these rules, local education agencies could receive state basic education allocations in excess of what RCW and state budget language allows.
OSPI is in the process of regular rule making for these rule sections. A hearing was held on September 29, 2022 (WSR 22-17-159).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 6, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: November 10, 2022.
Chris P. S. Reykdal
State Superintendent of Public Instruction
OTS-3884.1
PHYSICAL, SOCIAL, AND EMOTIONAL SUPPORT
NEW SECTION
WAC 392-122-430Physical, social, and emotional support (PSES) staff—Apportionment of state moneys.
(1) State moneys for PSES staff shall be allocated as provided in this chapter.
(2) PSES staff allocations based on the prototypical school formula provided in RCW
28A.150.260 and the Omnibus Appropriations Act for PSES staff will be based upon budgeted assumptions as provided in the F-203 revenue estimate from September through December for the year budgeted.
(3) School districts, charter schools, and tribal compact schools must input their estimated PSES staffing penalty units, if applicable, for purposes of funding from September through December.
(4) Enrollment will only include student full-time equivalent (FTE) enrolled in the general education program 01 as defined in RCW
28A.150.260.
(5) Funded ratios starting with January apportionment will be based on actual average annual FTE enrollment reported in the P-223.
(6) School districts, charter schools, and tribal compact schools must meet the legislative compliance requirements of PSES staffing to generate the full allotment.
NEW SECTION
WAC 392-122-435Physical, social, and emotional support (PSES)—Student enrollment.
(1) Grade level enrollment reported on the P-223 will be considered in the compliance calculations for January, March, and June.
(2) Only students in program 01 – Basic education will be included in the calculation. Enrollment in career and technical education, skill center, alternative learning experience, open doors, and running start programs will be excluded from the calculation.
NEW SECTION
WAC 392-122-440Physical, social, and emotional support (PSES)—Staff.
(1) The superintendent of public instruction will include in the calculation of PSES compliance of those staff that are coded in programs 01 or 97 to one of the following duty root and activity code combinations:
• Duty root 39 – All activities – Orientation and mobility specialist;
• Duty root 42 – All activities – Counselor;
• Duty root 43 – All activities – Occupational therapist;
• Duty root 44 – All activities – Social worker;
• Duty root 45 – All activities – Speech, language pathology/audio;
• Duty root 46 – All activities – Psychologists;
• Duty root 47 – All activities – Nurse;
• Duty root 48 – All activities – Physical therapist;
• Duty root 49 – All activities – Behavior therapist;
• Duty root 64 – All activities – Contractor ESA;
• Duty root 96 – Activity 24 – Family engagement coordinator;
• Duty roots 91 – 99 – Activity 25 – Pupil management and safety;
• Duty roots 91 – 99 – Activity 26 – Health/related services.
(2) S-275 data as of the published apportionment cutoff dates in January, March, and June will be considered in the calculation.
(3) Districts must prioritize funding allocated for PSES staff to staff who hold a valid ESA certificate appropriate for that role.
(4) Staff coded to the above duty roots and activity codes in program 21 will be multiplied by the annual percentage of students receiving special education instruction used in the determination of 3121 revenue for inclusion in the compliance calculation.
NEW SECTION
WAC 392-122-445Physical, social, and emotional support (PSES) compliance—Contracted and supplemental staff.
(1) Eligible staff working under contract and staff not required to be reported in the S-275 must be reported to the superintendent of public instruction prior to the published S-275 apportionment cutoff dates in January, March, and June to be considered.
(2) The full-time equivalency of supplemental staff reported must be reported as less than a 1.0 full-time equivalent (FTE).
(3) The full-time equivalency (FTE) of staff providing services under contract should be reported as determined in the contracting agreement or defined at the local school district level.
(4) Supplemental staff reporting should include decreases as well as increases in staff after October 1st and not reflected in report S-275. Decreases include terminations, retirements, unpaid leave, and reassignments of staff.
NEW SECTION
WAC 392-122-450Physical, social, and emotional support (PSES) compliance—Calculations.
(1) Funded staffing units will be calculated using each grade level funding formula calculations.
(2) Staffing units will be combined at the district level and compared to the staffing units generated using the prototypical funding model.
(3) Penalty units are determined by subtracting the prototypical funded staff units from the district's actual funded units.
(4) Staff in the S-275 or the supplemental tool not assigned to a valid grade grouping will be included into the high school funding formula.
NEW SECTION
WAC 392-122-455Physical, social, and emotional support (PSES)—Penalty for noncompliance.
(1) Penalty units identified by the calculations will be split between certificated instructional staff and classified staff based on the percentage that each contributes to the combined total of certificated instructional staff and classified staff in the physical, social, and emotional support staff for that school year at the state level.
(2) Any adjustments to those calculations will be made in January, March, and June apportionment payments.