PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-17-034.
Title of Rule: WAC 392-140-970 through 392-140-974, Finance -- Special allocations -- Salary bonus for teachers who attain certification by national board.
Purpose: These rules will be part of the state funding formula for K-12 education.
Statutory Authority for Adoption: RCW 28A.150.290(1).
Summary: Rules are needed to implement language in the 2001-03 State Operating Appropriations Act.
Reasons Supporting Proposal: These rules will enable proper administration of the salary bonus.
Name of Agency Personnel Responsible for Drafting: Linda Harrison, Office of Superintendent of Public Instruction, (360) 725-6130; Implementation: Ross Bunda, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Mike Bigelow, Office of Superintendent of Public Instruction, (360) 725-6111.
Name of Proponent: Office of Superintendent of Public Instruction, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rules are part of the state funding formula for K-12 education. Rules are needed to implement language in the 2001-03 State Operating Appropriations Act. These rules will enable proper administration of the salary bonus and identify eligibility requirements.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact.
RCW 34.05.328 does not apply to this rule adoption. The Superintendent of Public Instruction is not subject to RCW 34.05.328 (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
Hearing Location: Bruno Conference Room, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on November 27, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Sheila Emery, 725-6271, TDD (360) 664-3631.
Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by November 26, 2001.
Date of Intended Adoption: December 26, 2001.
October 8, 2001
Dr. Terry Bergeson
Superintendent of
Public Instruction
OTS-5202.1
SALARY BONUS FOR TEACHERS WHO ATTAIN CERTIFICATION BY THE
NATIONAL BOARD
NEW SECTION
WAC 392-140-970
Salary bonus for teachers who attain
certification by the national board -- Applicable
provisions -- Authority.
The provisions of WAC 392-140-970 through
392-140-974 govern administration of the salary bonus for
teachers who attain certification by the national board for
professional teaching standards. The authority for WAC 392-140-970 through 392-140-974 is the state Biennial Operating
Appropriations Act and RCW 28A.150.290(1).
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(1) "Form SPI 1525" means the form provided by the superintendent of public instruction on which districts may request payment of the salary bonus for teachers who attain certification by the national board for professional teaching standards.
(2) "Teacher" means an employee assigned to one of the following duties as defined in the S-275 Personnel Reporting Handbook:
(a) Elementary teacher, duty root 31;
(b) Secondary teacher, duty root 32;
(c) Other teacher, duty root 33;
(d) Long-term substitute teacher, duty root 52;
(e) Contractor teacher, duty root 63; or
(f) If the district certifies that the employee is assigned teaching responsibilities or serves as a mentor teacher:
(i) Other support personnel, duty root 40;
(ii) Library media specialist, duty root 41;
(iii) Counselor, duty root 42; or
(iv) Reading resource specialist, duty root 49.
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(1) Hold current certification by the national board for professional teaching standards; and
(2) Who are:
(a) Teachers employed full time or part time by Washington public school districts or educational service districts pursuant to RCW 28A.405.210; or
(b) Teachers employed full time or part time by a contractor pursuant to WAC 392-121-188 and 392-121-206 (2)(a).
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(2) Districts shall document each teacher's eligibility by maintaining on file for audit a copy of the teacher's national board certification notice and, if the teacher is not shown on Report S-275, evidence of employment and duties assigned.
(3) Report forms received by the superintendent of public instruction by the 15th of the month shall be paid in that month's apportionment and displayed on Report 1197, in revenue account 4158.
(4) For each candidate, the superintendent of public instruction shall send the district the amount of the salary bonus set in the operating appropriations act plus an amount for the district's (employer) portion of social security benefits.
(5) The district shall pay the bonus to the employee in a lump sum amount on a supplemental contract pursuant to RCW 28A.400.200.
(6) The salary bonus is excluded from the definition of "earnable compensation" under RCW 41.32.010(10).
(7) Teachers achieving certification by the national board for professional teaching standards shall receive the salary bonus for no more than three years.
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