WSR 00-02-064

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed January 3, 2000, 11:51 a.m. ]

Date of Adoption: December 22, 1999.

Purpose: These rules update and simplify the calculation and reporting of school district compliance with the state requirement for forty-six certificated instructional staff per one thousand full-time equivalent students in grades kindergarten through twelve (K-12).

Citation of Existing Rules Affected by this Order: Repealing WAC 392-127-030, 392-127-035, 392-127-040, 392-127-050, 392-127-055, 392-127-060, 392-127-095, 392-127-101, 392-127-106 and 392-127-810; and amending WAC 392-127-011, 392-127-015, 392-127-065, 392-127-070, 392-127-085, 392-127-111, and 392-127-112.

Statutory Authority for Adoption: RCW 28A.150.290(2).

Other Authority: RCW 28A.150.200(2).

Adopted under notice filed as WSR 99-21-007 on October 8, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 6, Repealed 10.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 2, Repealed 10.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 6, Repealed 10. Effective Date of Rule: Thirty-one days after filing.

December 22, 1999

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-3386.1


AMENDATORY SECTION(Amending Order 96-03, filed 2/13/96, effective 3/15/96)

WAC 392-127-011
Other ratio requirements.

School districts are advised that compliance with this chapter does not ensure compliance with the following statutes:

(1) RCW 28A.150.250, which requires that the ratio of students per classroom teacher in kindergarten through third grade be no greater than the ratio of students per classroom teacher in fourth through twelfth grade.

(2) The Biennial Operating Appropriations Act which sets forth a staffing and funding process to increase certificated instructional staff ratios in kindergarten through ((third)) fourth grade to a level greater than that provided in statute.

[Statutory Authority: RCW 28A.150.290.      96-05-022 (Order 96-03), § 392-127-011, filed 2/13/96, effective 3/15/96.      Statutory Authority: 1990 c 33.      91-16-011 (Order 91-12), § 392-127-011, filed 7/26/91, effective 8/26/91.      Statutory Authority: RCW 28A.41.170(1).      90-12-078 (Order 10), § 392-127-011, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending Order 96-03, filed 2/13/96, effective 3/15/96)

WAC 392-127-015
FTE enrollment -- Definition.

As used in this chapter, "full-time equivalent enrollment" means for the period selected by a school district, the total full-time equivalent students reported by a school district pursuant to WAC 392-121-122 (((1) and (2) and for school years through 1994-95 minus:

Special education full-time equivalent students calculated pursuant to WAC 392-122-131 and based on the enrollment reported by a school district pursuant to WAC 392-122-106)) excluding running start and University of Washington transition school students reported pursuant to subsections (3) and (4) of that section.

[Statutory Authority: RCW 28A.150.290.      96-05-022 (Order 96-03), § 392-127-015, filed 2/13/96, effective 3/15/96.      Statutory Authority: RCW 28A.150.290 and 28A.150.100(2).      93-21-089 (Order 93-18), § 392-127-015, filed 10/20/93, effective 11/20/93.      Statutory Authority: RCW 28A.41.170(1).      90-12-078 (Order 10), § 392-127-015, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending Order 10, filed 6/1/90, effective 7/2/90)

WAC 392-127-065
Supplemental FTE staff -- Definition.

As used in this chapter, "supplemental full-time equivalent staff" means the ((sum of a school district's addition, reduction, or reassignment)) net change in full-time equivalents for basic education certificated instructional employees after October 1 of the school year and not reflected in Report S-275. Supplemental full-time equivalent staff are determined as follows:

(1) Determine the basic education certificated instructional FTE that would be reported for each employee for the school year on Report S-275 if the current date were substituted for the October 1 snapshot date as required in S-275 instructions and subtract the basic education certificated instructional FTE as of October 1 actually reported for the employee on the school district's most current Report S-275.

(2) Include decreases as well as increases in staff after October 1 and not reflected in Report S-275. Decreases include terminations, retirements, unpaid leave, and reassignment of staff.

[Statutory Authority: RCW 28A.41.170(1).      90-12-078 (Order 10), § 392-127-065, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending Order 96-03, filed 2/13/96, effective 3/15/96)

WAC 392-127-070
Basic education certificated instructional staff ratio -- Definition.

As used in this chapter, "basic education certificated instructional staff ratio" means the following calculation:

(1) Add the full-time equivalent basic education certificated instructional employees as reported on the S-275 and any supplemental full-time equivalent staff reported to the superintendent of public instruction;

(2) Divide the result obtained in subsection (1) of this section by the full-time equivalent enrollment for October or that period selected by the school district; and

(3) Multiply the result obtained in subsection (2) of this section by one thousand.

[Statutory Authority: RCW 28A.150.290.      96-05-022 (Order 96-03), § 392-127-070, filed 2/13/96, effective 3/15/96.      Statutory Authority: RCW 28A.41.170(1).      90-12-078 (Order 10), § 392-127-070, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending Order 10, filed 6/1/90, effective 7/2/90)

WAC 392-127-085
School district reporting -- Optional report -- Staff changes.

At any time prior to September 30 following the end of a school year, school districts may report to the superintendent of public instruction ((prior to September 30 of the following school year)) supplemental full-time equivalent staff for the ((current)) school year pursuant to WAC 392-127-065 and instructions provided by the superintendent.

[Statutory Authority: RCW 28A.41.170(1).      90-12-078 (Order 10), § 392-127-085, filed 6/1/90, effective 7/2/90.]


AMENDATORY SECTION(Amending Order 10, filed 6/1/90, effective 7/2/90)

WAC 392-127-111
Calculation of penalty for failure to maintain staffing ratio.

For those school districts with a basic education certificated instructional staff ratio of less than forty-six ((shown on the school district's final report)), the superintendent shall ((withhold from the next apportionment payment the following)) reduce the district's basic education general apportionment entitlement for the school year by the amount determined as follows:

(1) Subtract the current school year final basic education certificated instructional staff ratio as reported to the school district from forty-six;

(2) Multiply the result obtained in subsection (1) of this section by the current school year full-time equivalent enrollment and further divide by one thousand; and

(3) Multiply the result obtained in subsection (2) of this section by the school district's average salary, average mandatory fringe benefits, and health insurance benefits ((for)) per certificated instructional staff unit used for the purpose of calculating the school district's general apportionment entitlement for the current school year.

(((4) The result obtained in subsection (3) of this section is the amount that the superintendent of public instruction shall withhold from the next apportionment payment for the school district in question.))

[Statutory Authority: RCW 28A.41.170(1).      90-12-078 (Order 10), § 392-127-111, filed 6/1/90, effective 7/2/90.]


NEW SECTION
WAC 392-127-112
Reporting by the superintendent of public instruction.

With each monthly apportionment payment for the school year beginning in January, the superintendent of public instruction shall show calculations of the district's basic education certificated instructional staff ratio and any penalty calculated pursuant to WAC 392-127-111. Calculations shall be based on the most current data from the district's Report S-275 and any optional reports received by the superintendent of public instruction by the 15th of the month.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-127-030 Current school year -- Definition.
WAC 392-127-035 Following school year -- Definition.
WAC 392-127-040 Academic year -- Definition.
WAC 392-127-050 Addition FTE -- Definition.
WAC 392-127-055 Reduction FTE -- Definition.
WAC 392-127-060 Reassignment FTE -- Definition.
WAC 392-127-095 Initial report by the superintendent of public instruction.
WAC 392-127-101 Interim report by the superintendent of public instruction.
WAC 392-127-106 Final report by the superintendent of public instruction.
WAC 392-127-810 Finance -- Limitations on enrollment counts.

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