Date of Adoption: August 29, 2002.

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

     Citation of Existing Rules Affected by this Order: Repealing WAC 392-140-960; and amending WAC 392-140-950, 392-140-961, 392-140-962, 392-140-965, and 392-140-967.

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

     Other Authority: Section 503(7) of the 2001-03 state budget and 2002 supplemental budget.

      Adopted under notice filed as WSR 02-15-149 on July 22, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 1.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 1.
     Effective Date of Rule: Thirty-one days after filing.

September 17, 2002

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-5323.3

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

WAC 392-140-950   Learning improvement days--Applicable provisions.   The provisions of WAC 392-140-950 through 392-140-967 govern state funding for up to three learning improvement days for certificated instructional staff in the ((1999-2000)) 2001-02 school year and up to two days in the 2002-03 school year and thereafter.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-950, filed 9/28/99, effective 9/29/99.]

     (1) A learning improvement day is a scheduled work day on a district or school calendar.

     (2) The length of a learning improvement day shall not be less ((that)) than the length of a full work day for certificated instructional staff on a school day during the school year: Provided, That two half days may be scheduled in lieu of one full learning improvement day if the combined work hours equal or exceed hours in a full learning improvement day.

     (3) No learning improvement day, or half day, shall be scheduled on a school day as defined in WAC 392-121-033.

     (4) A school district may schedule learning improvement days for different school buildings or groups of employees on different calendar days.

     (5) Learning improvement days shall be compensated as part of the employee's base contract.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-955, filed 9/28/99, effective 9/29/99.]

     (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)(i) For the 2001-02 school year, take the lesser of three days or the result of (((c))) (b) of this subsection but not less than zero.

     (ii) For the 2002-03 school year and thereafter, take the lesser of two days or the result of (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.

     (3) After the close of the school year, the superintendent shall fund the lesser of:

     (a) The number of days determined pursuant to subsection (2) of this section; or

     (b) The number of days reported by the district pursuant to WAC 392-140-967.

[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) For general apportionment, the derived base salary allocation for learning improvement days as shown on LEAP Document 12E shall be reduced pro rata for any district with less than three learning improvement days in the 2001-02 school year, or less than two learning improvement days in the 2002-03 school year and thereafter in selected state-funded programs.

     (2) Special education allocations shall be adjusted based on adjustments to the unenhanced basic education allocation per full-time equivalent student.

     (3) For transitional bilingual, highly capable, and learning assistance program allocations, the additional state allocation per pupil for three learning improvement days in the 2001-02 school year and for two learning improvement days in the 2002-03 school year and thereafter as calculated by the superintendent shall be reduced pro rata for any district with ((less than three)) fewer learning improvement days in selected state-funded programs.

     (4) For state institutional education programs the salary allocation for three learning improvement days in the 2001-02 school year and for two learning improvement days in the 2002-03 school year and thereafter as calculated by the superintendent shall be reduced pro rata for any district with ((less than three)) fewer learning improvement days in state institutional education programs. Educational service districts or contractors operating state-funded institutional education programs shall be eligible for learning improvement day funding in the same manner as school districts.

     (5) ((The superintendent shall reduce or eliminate a district's)) Allocations for learning improvement((s)) days ((if the district fails to report as required by WAC 392-140-967, or if the district's report indicates that the activities provided during learning improvement days do not meet the requirements of WAC 392-140-957)) are subject to adjustment or recovery based on findings of the Washington state auditor and chapters 392-115 and 392-117 WAC.

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-962, 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.]

[Statutory Authority: RCW 28A.150.290(2) and 1999 c 309 § 503(7). 99-20-021 (Order 98-07), § 392-140-967, filed 9/28/99, effective 9/29/99.]

     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