Original Notice.

Preproposal statement of inquiry was filed as WSR 01-16-110.

Title of Rule: WAC 392-140-950 through 392-140-967, Finance -- Special allocations -- Learning improvement days.

Purpose: To revise the state funding formula for three learning improvement days for school district certificated instructional staff for the 2001-02 school year and thereafter.

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

Summary: Beginning in the 2001-02 school year, all school districts may qualify for state funding by adding three learning improvement days to the one hundred eighty day base contract.

Reasons Supporting Proposal: 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 learning improvement days in the 2001-02 school year and thereafter.

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 learning improvement days in the 2001-02 school year and thereafter.

Proposal Changes the Following Existing Rules: The revised rules provide for a uniform base of one hundred eighty days for determining eligibility of learning improvement day funding. This change affects about one hundred school districts that had more than one hundred eighty days in the base contract in the 1998-99 school year, which was the previous base.

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 10:15 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-5323.1

AMENDATORY SECTION(Amending Order 98-07, filed 9/28/99, effective 9/29/99)

WAC 392-140-961   Learning improvement days--Determination of the number of funded learning improvement days in the ((1999-2000)) 2001-02 school year and thereafter.   The superintendent of public instruction shall separately determine for selected state-funded programs and for institutional education programs the number of funded learning improvement days for each school district for the ((1999-2000)) 2001-02 school year and for each school year thereafter as follows:

(1) In September through December of each school year, the superintendent will use the number of learning improvement days budgeted by the district and reported on Form F-203.

(2) Monthly, beginning in January of the school year, using current personnel data reported on the S-275 Personnel Report:

(a) Select all certificated instructional staff with assignments in the programs.

(b) ((Exclude staff with administrative assignments if the assignment percent is greater than zero.

(c))) For each employee, subtract one hundred eighty days from the number of days reported in the base contract((, subtract the district's number of days in the base contract for the 1998-99 school year)).

(((d))) (c) Take the lesser of three days or the result of (((c))) (b) of this subsection but not less than zero.

(((e))) (d) Sum the number of days determined for all employees pursuant to (((c))) (b) and (((d))) (c) of this subsection.

(((f))) (e) Divide the result of (((e))) (d) of this subsection by the number of employees and round to two decimal places.

(((g))) (f) The result is the number of funded learning improvement days for the district.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 503(7). 99-20-021 (Order 98-07), 392-140-961, filed 9/28/99, effective 9/29/99.]

(((1) Requests for adjustment to the number of days in the base contract in the 1998-99 school year shall be considered if the district shows that:

(a) The April 1999 S-275 data or calculations were in error;

(b) The district reported days in the base contract for services beyond the regular school calendar for a full-time certificated instructional employee of the district;

(c) The district had a signed multiyear collective bargaining agreement in April 1999 to reduce the number of days in the base contract in subsequent years; or

(d) Other bona fide adjustments are necessary.

(2))) Requests for adjustment to the number of learning improvement days provided in the 1999-2000 school year and thereafter shall be considered if the district shows that the data or calculations are in error, or other bona fide adjustments are necessary.

(((3) Requests for adjustment shall be accompanied by the relevant pages of a signed collective bargaining agreement stating the number of days in the base contract in the school district.))

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 503(7). 99-20-021 (Order 98-07), 392-140-965, filed 9/28/99, effective 9/29/99.]

Effective February 1, 2002, the following section of the Washington Administrative Code is repealed:

WAC 392-140-960

Learning improvement days--Determination of the number of days in the base contract in the 1998-99 school year.

Washington State Code Reviser's Office