Original Notice.

Preproposal statement of inquiry was filed as WSR 01-16-109.

Title of Rule: WAC 392-140-900 through 392-140-913, Finance -- Special allocations -- K-4 staff enhancement.

Purpose: To update the state funding formula for kindergarten through fourth grade (K-4) staff for the 2001-02 school year and thereafter.

Statutory Authority for Adoption: RCW 28A.150.290(1).

Summary: The maximum state funded ratio of certificated instructional staff per 1000 full-time equivalent students in kindergarten through forth grade (K-4) is increased from 53.2/1000 to 55.4/1000.

Reasons Supporting Proposal: Rule revisions are needed to implement language in the 2001-03 State Operating Appropriations Act. These revisions will provide the correct calculation of the school district's funded K-4 staffing ratio.

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. Rule revisions are needed to implement language in the 2001-03 State Operating Appropriations Act. These revisions will provide for the correct calculation of the school district's funded K-4 staff ratio. See changes described below for more information.

Proposal Changes the Following Existing Rules: The maximum state-funded K-4 staff ratio increases from 53.2 certificated instructional staff (CIS) per 1,000 FTE students to 55.4 CIS per 1,000 FTE students. This is due to the inclusion of funds previously provided in the Better schools -- Staff program.

Supplemental contracts for extended learning opportunities (additional classroom contact hours provided by teachers beyond the normal school day) for K-6 students are included in the calculation of the state-funded K-4 staff ratio. Nine hundred hours of supplemental contracts equals one FTE staff. These hours are limited to the following assignments as defined in the S-275 personnel reporting instructions: Program 01 - Basic education; and Activity 27 - Teaching; and Duty roots: 31 - Elementary teacher; or 33 - Other teacher, or 63 - Contractor teacher; and Duty suffix 4 - Extended Learning Opportunities; and K-6 Grade groups - K, E, or M.

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 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

Hearing Location: Old Capitol Building, Bruno Conference Room, 2nd Floor, P.O. Box 47200, Olympia, WA 98504-7200, on January 8, 2001 [2002] at 9 a.m.

Assistance for Persons with Disabilities: Contact Sheila Emery by January 2, 2001 [2002], TDD (360) 664-3631, or (360) 725-6271.

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 January 7, 2001 [2002].

Date of Intended Adoption: January 9, 2001 [2002].

November 17, 2001

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-5311.1

AMENDATORY SECTION(Amending WSR 01-08-048, filed 3/30/01, effective 4/30/01)

WAC 392-140-903   K-4 Staff enhancement -- Definitions.   As used in WAC 392-140-900 through 392-140-913:

(1) "Report S-275" means the school district personnel report as defined in WAC 392-121-225.

(2) "Form SPI 1158" means the form provided by the superintendent of public instruction on which school districts report ((supplemental)) a net change in K-12 full-time equivalent (FTE) staff and/or ((supplemental)) K-4 FTE staff ((for the school year)) after October 1 and K-6 supplemental contracts for extended learning opportunities not reportable on Report S-275.

(3) "Report 1159" means the report produced by the superintendent of public instruction displaying the calculations of K-4 certificated instructional staffing and K-4 apportionment ratios and other information as necessary.

(4) "Form SPI 1160" means the form provided by the superintendent of public instruction on which school districts may select the period of enrollment the superintendent of public instruction shall use to calculate staffing ratios.

(5) "Form SPI 1230" means the form provided by the superintendent of public instruction on which school districts ((have)) had the option of reporting 1989-90 FTE K-3 basic education classified instructional assistants ((pursuant to WAC 392-140-716 and 392-140-745)) before September 1, 1999.

(6) "Form SPI 1230K-4" means the form provided by the superintendent of public instruction on which school districts have the option of reporting 1989-90 FTE K-4 basic education classified instructional assistants after September 1, 1999.

(7) "FTE K-4 basic education enrollment" means the school district's K-4 full-time equivalent enrollment reported for basic education funding pursuant to WAC 392-121-122 for the month of October or such other period selected by the district on optional Form SPI 1160.

(8) "FTE basic education certificated instructional employee" means the FTE calculated pursuant to WAC 392-121-215 for a basic education certificated instructional employee assigned in whole or in part to the following programs as defined in the Accounting Manual for Public School Districts in the State of Washington:

(a) Basic education, program 01;

(b) Vocational, basic, state, program 31;

(c) Skills center, basic, state, program 45; and

(d) District-wide support, program 97.

(9) "FTE K-4 basic education certificated instructional employee" means for a FTE basic education certificated instructional employee the following:

(a) If the basic education certificated instructional employee serves only K-4 students, one hundred percent of the FTE assigned to basic education; or

(b) If the basic education certificated instructional employee serves K-4 students and students of one or more other grades, multiply the FTE assigned to basic education by:

(i) The proportion of time spent serving K-4 students to all time serving students;

(ii) The proportion of K-4 students served to all students served; or

(iii) Any combination of (i) or (ii) of this subsection as appropriate.

(10) "FTE K-4 basic education certificated instructional staff" means the sum of FTE K-4 basic education certificated instructional employees for a school district.

(11) "Extended learning opportunities" means additional classroom contact time provided to students by teachers beyond the normal school day for more than half-day or half-year kindergarten, before-and-after school programs, weekend school programs, summer school programs, and inter-session opportunities to assist students in meeting the essential academic learning requirements and student assessment performance standards.

(12) "K-6 basic education supplemental contracts for extended learning opportunities" means time-related supplemental contracts for extended learning opportunities provided by teachers for students enrolled in grades kindergarten through six (K-6). For the purposes of this subsection, these supplemental contract hours shall include only the following staff assignments as defined in the S-275 Personnel Reporting Handbook:

(a) Program 01, basic education; and

(b) Activities 27, teaching; and

(c) Duty roots:

(i) 31, elementary teacher; or

(ii) 33, other teacher; or

(iii) 63, contractor teacher; and

(d) Duty suffix 4, extended learning opportunities; and

(e) Grade groups:

(i) K, kindergarten; or

(ii) E, elementary (grades 1, 2, 3, or 4); or

(iii) M, middle (grades 5 or 6).

(13) "Basic education classified instructional assistant" means a person who is assigned in whole or in part to:

(a) Program 01 - basic education; 31 - vocational, basic, state; or 45 - skills center, basic, state; and

(b) Activity 27 - teaching; and

(c) Duty 910 - aide.

(((12))) (14) "Basic education classified instructional assistant FTE" means the number determined for a basic education classified instructional assistant as follows:

(a) Determine the hours per year that the employee is assigned as a basic education classified instructional assistant; and

(b) Divide by 2080.

(((13))) (15) "District FTE K-4 basic education classified instructional assistants" means the sum of a school district's FTE K-4 basic education classified instructional assistants.

(a) If the basic education classified instructional assistant serves only K-4 students, one hundred percent of the FTE determined pursuant to ((WAC 392-140-903(12))) subsection (14) of this section.

(b) If the basic education classified instructional assistant serves K-4 students and students of one or more other grades, multiply the FTE determined pursuant to ((WAC 392-140-903(12))) subsection (14) of this section by:

(i) The proportion of time spent serving K-4 students to all time serving students;

(ii) The proportion of K-4 students served to all students served; or

(iii) Any combination of (b)(i) or (ii) of this subsection as appropriate.

(((14))) (16) "Actual average salary for basic education classified instructional assistants" means the dollar amount determined for a school district for a school year as follows:

(a) For each basic education certificated instructional assistant reported on Report S-275 determine the assignment salary reported;

(b) Sum the dollar amounts determined pursuant to (a) of this subsection; and

(c) Divide the result of (b) of this subsection by the sum of the school district's FTE basic education classified instructional assistants as reported on Report S-275.

[Statutory Authority: RCW 28A.150,290 [28A.150.290], 28A.505.140. 01-08-048, 392-140-903, filed 3/30/01, effective 4/30/01. Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-903, filed 1/3/00, effective 2/3/00.]

(1) Required Report S-275. School districts shall report K-4 basic education certificated instructional staff employed as of October 1 of the school year on Report S-275 pursuant to instructions provided by the superintendent of public instruction. K-6 basic education supplemental contracts for extended learning opportunities provided by staff employed by the district as of October 1 shall be reported on Report S-275 and shall be updated throughout the school year as needed to reflect actual hours employed.

(2) Optional Form SPI 1158. School districts may use this form to report the following:

(a) Net changes in K-4 basic education certificated instructional staff after October 1 determined as follows:

(i) Determine the base contract K-4 basic education 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 base contract K-4 basic education FTE as of October 1 actually reported for the employee on the school district's most current Report S-275.

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

(b) K-6 basic education supplemental contracts for extended learning opportunities for staff that were not employed by the district as of October 1 of the school year and not reported on Report S-275.

(3) Optional Form SPI 1160. School districts may use this form to select an enrollment period other than October:

(a) Enrollment for any month of the school year; or

(b) Annual average enrollment for the school year.

(4) Optional Form SPI 1230 K-4. School districts may use this form to report 1989-90 FTE K-4 classified instructional assistants. This is a one-time form. Once filed, the information from this form is used for all subsequent years unless revised by the district.

(5) Optional report forms for a school year must be filed with the superintendent of public instruction by September 30 following the close of the school year.

[]

(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.)) The K-4 staff ratio equivalent of K-6 basic education supplemental contracts for extended learning opportunities shall be determined as follows:

(1) Sum hours of K-6 basic education supplemental contracts for extended learning opportunities reported on Report S-275 and optional Form SPI 1158 if provided;

(2) Divide the result of subsection (1) of this section by 900;

(3) Divide the result of subsection (2) of this section by the district's FTE K-4 basic education enrollment; and

(4) Multiply the result of subsection (3) of this section by 1000.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-905, filed 1/3/00, effective 2/3/00.]

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-907, filed 1/3/00, effective 2/3/00.]

(1) Sum the increase in the district's K-4 basic education classified instructional assistants ((and any supplemental FTE K-4 classified instructional assistants)) determined pursuant to WAC ((392-140-905 and reported by the district on Form SPI 1158)) 392-140-907;

(2) Divide the result of subsection (1) of this section by the district's FTE K-4 basic education enrollment;

(3) Multiply the result of subsection (2) of this section by the ratio of actual average salary for basic education classified instructional assistants to average basic education certificated instructional staff salary for the purpose of apportionment; and

(4) Multiply the result of subsection (3) of this section by 1000.

(((5) The lesser of 1.30 or the result of subsection (4) of this section is the district's recognized K-4 certificated staff ratio equivalent of increased K-4 classified instructional assistants.))

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-908, filed 1/3/00, effective 2/3/00.]

(1) Add FTE K-4 basic education certificated instructional ((staff)) employees from Report S-275 and any ((supplemental)) net change in FTE K-4 basic education certificated instructional staff ((determined pursuant to WAC 392-140-905 and)) reported on Form SPI ((Form)) 1158 pursuant to WAC 392-140-903;

(2) Divide the result of subsection (1) of this section by FTE K-4 basic education enrollment; and

(3) Multiply the result obtained in subsection (2) of this section by 1000.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-910, filed 1/3/00, effective 2/3/00.]

(1) For the months of September through December, the superintendent shall use the district's estimated K-4 ratio as submitted on Report F-203 Estimates of State Revenue, or as submitted on a letter to the superintendent after submission of Report F-203.

(2) Beginning with the January apportionment payment and each month thereafter, the superintendent shall calculate the district's K-4 apportionment ratio as the greater of (a) or (b) of this subsection:

(a) The district's minimum state-funded K-4 staffing ratio, using FTE enrollment for state apportionment, and calculated as follows:

(i) Sum the district's K-3 FTE enrollment times 0.049 and the district's fourth grade FTE enrollment times 0.046;

(ii) Divide the result of (a)(i) of this subsection by the district total K-4 FTE enrollment;

(iii) Multiply the result of (a)(ii) of this subsection by 1000.

(b) The lesser of:

(i) ((53.2)) 55.4; or

(ii) The sum of the following:

(A) The district's K-4 certificated instructional staff ratio pursuant to WAC 392-140-910; and ((the district's K-4 certificated staff ratio equivalent of increased K-4 classified instructional assistants pursuant to WAC 392-140-908 if applicable))

(B) The lesser of 2.2 or the district's K-4 staff ratio equivalent of K-6 basic education supplemental contracts for extended learning opportunities pursuant to WAC 392-140-904; and

(C) If the district's K-4 basic education instructional staff ratio is 51.00 or greater, the district's K-4 certificated staff ratio equivalent of the increased K-4 classified instructional assistants pursuant to WAC 392-140-908 if applicable, otherwise zero.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 502 (2)(a)(iii). 00-02-063, 392-140-912, filed 1/3/00, effective 2/3/00.]

     The following section of the Washington Administrative Code is repealed:

WAC 392-140-911

K-4 Staff enhancement--School district reporting--Optional reports.

Washington State Code Reviser's Office