Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-17-056.

     Title of Rule and Other Identifying Information: WAC 392-140-970 through 392-140-975, Finance -- Special allocations -- Salary bonus for teachers and other certificated staff who hold current certification by the national board.

     Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 Washington Street S.E., Olympia, WA 98504, on December 2, 2010, at 10:00 a.m.

     Date of Intended Adoption: December 2, 2010.

     Submit Written Comments to: Legal Services, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail ross.bunda@k12.wa.us, fax (360) 753-4201, by December 2, 2010.

     Assistance for Persons with Disabilities: Contact Kristin Collins by December 2, 2010, TTY (360) 664-3631 or (360) 725-6270.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions terminate the eligibility of principals to receive the bonus for the 2010–11 school [year] and thereafter, pursuant to section 513 (21)(a)(i) of the 2010–11 State Operating Supplemental Appropriations Act, ESSB 6444. Additionally, schools which provide institutional education programs pursuant to WAC 392-122-205 shall be designated as challenging, high poverty schools with the student headcount enrollment eligible for the federal free or reduced price lunch program at one hundred percent and shall not be subject to the requirement of serving thirty of [or] more students, for purpose[s] of the challenging, high poverty school bonus.

     Statutory Authority for Adoption: RCW 28A.150.290(1) and 28A.405.415.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [OSPI], governmental.

     Name of Agency Personnel Responsible for Drafting: Ross Bunda, OSPI, (360) 725-6308; Implementation: Cal Brodie, OSPI, (360) 725-6301; and Enforcement: Shawn Lewis, OSPI, (360) 725-6292.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact.

     A cost-benefit analysis is not required under RCW 34.05.328. OSPI 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).

October 12, 2010

Randy Dorn

State Superintendent

of Public Instruction

OTS-3613.1

AMENDATORY SECTION(Amending WSR 08-17-013, filed 8/8/08, effective 9/8/08)

WAC 392-140-970   Salary bonus for teachers and other certificated staff who hold current certification by the national board -- Applicable provisions -- Authority.   The provisions of WAC 392-140-970 through ((392-140-974)) 392-140-975 govern administration of the salary bonus for teachers and other certificated staff who hold current certification by the national board for professional teaching standards. The authority for WAC 392-140-970 through ((392-140-974)) 392-140-975 is the state Biennial Operating Appropriations Act, RCW 28A.405.415, and 28A.150.290(1).

[Statutory Authority: RCW 28A.150.290(1). 08-17-013, § 392-140-970, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-970, filed 7/9/02, effective 8/9/02.]

     (1) Elementary teacher, duty root 31;

     (2) Secondary teacher, duty root 32;

     (3) Other teacher, duty root 33;

     (4) Other support personnel, duty root 40;

     (5) Library media specialist, duty root 41;

     (6) Counselor, duty root 42;

     (7) Occupational therapist, duty root 43;

     (8) Social worker, duty root 44;

     (9) Speech-language pathologist or audiologist, duty root 45;

     (10) Psychologist, duty root 46;

     (11) Nurse, duty root 47;

     (12) Physical therapist, duty root 48;

     (13) Reading resource specialist, duty root 49;

     (14) Long-term substitute teacher, duty root 52;

     (15) Contractor teacher, duty root 63;

     (16) Contractor educational staff associate, duty root 64;

     (((17) Elementary principal, duty root 21;

     (18) Elementary vice-principal, duty root 22;

     (19) Secondary principal, duty root 23; or

     (20) Secondary vice-principal, duty root 24;)) and excludes employees not assigned to the above duties. This excludes employees whose duties consist entirely of the following:

     (((21))) (17) Superintendent, duty root 11;

     (((22))) (18) Deputy/assistant superintendent, duty root 12;

     (((23))) (19) Other district administrator, duty root 13;

     (20) Elementary principal, duty root 21;

     (21) Elementary principal, duty root 22;

     (22) Secondary principal, duty root 23;

     (23) Secondary vice-principal, duty root 24;

     (24) Other school administrator, duty root 25;

     (25) Extracurricular, duty root 51; or

     (26) Classified staff, duty roots 90 through 99.

[Statutory Authority: RCW 28A.150.290(1). 08-17-013, § 392-140-972, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-972, filed 7/9/02, effective 8/9/02.]

     (1) Hold current certification by the national board for professional teaching standards; and

     (2) Who are:

     (a) Teachers and other certificated staff employed full time or part time under written contract by Washington public school districts or educational service districts pursuant to RCW 28A.405.210; or

     (b) Teachers and other certificated staff employed full time or part time by a contractor pursuant to WAC 392-121-188 and 392-121-206 (2)(a); or

     (c) Teachers and other certificated staff employed full time or part time by the Washington school for the deaf or Washington school for the blind((; or

     (d) Beginning in the 2007-08 school year and thereafter, national board certified teachers who received the bonus as a teacher or other certificated instructional staff in Washington and become public school principals or vice-principals shall continue to receive the bonus for as long as they are principals or vice-principals and maintain the national board certification)).

     (3) In addition to bonuses provided by subsection (2) of this section, teachers and other certificated staff shall be eligible for additional bonuses if the employee is in an instructional assignment in challenging, high poverty schools, subject to the following conditions and limitations:

     (a) For the 2009-10 school year and thereafter, challenging, high poverty schools are schools eligible by either:

     (i) Eligibility in the prior year; or

     (ii) Schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:

     (A) 70 percent for elementary schools;

     (B) 60 percent for middle schools; or

     (C) 50 percent for high schools; as determined by the October 1 count of the core student records system or successor data collection and reporting systems, such as the comprehensive education data and research system (CEDARS), of the office of superintendent of public instruction.

     (b) For purposes of the national board challenging, high poverty schools bonus, a ((building)) school shall be categorized based upon the highest grades served as follows:

     (i) A ((building)) school whose highest grade served is 6th grade or lower shall be considered an elementary school;

     (ii) A ((building)) school whose highest grade served is either 7th, 8th, or 9th grade shall be considered a middle school;

     (iii) A ((building)) school whose highest grade served is either 10th, 11th, or 12th grade shall be considered a high school((; provided, that, a building)).

     (c) A school shall be considered only if it serves thirty or more students, or is the largest ((building)) school in the district serving its designated category.

     (((c))) (d) Schools that provide institutional education programs pursuant to WAC 392-122-205 shall be designated as challenging; high poverty schools with the student headcount enrollment eligible for the federal free or reduced price lunch program at one hundred percent and shall be subject to the requirement in this subsection of serving thirty or more students.

     (e) The student enrollment data used shall include the state-funded students in kindergarten through twelfth grade, plus prekindergarten students in special education.

     (((d))) (f) Teachers and other certificated staff that meet the qualifications for additional bonuses under this subsection who are assigned for less than one full school year or less than full time for the school year shall receive the additional bonuses in a prorated manner, subject to the following conditions and limitations:

     (i) The portion of the employee's assignment to challenging, high poverty schools shall be determined as of either October 1 of the current school year or the employee's employment contract date for the current school year.

     (ii) If the employee's assignment to challenging, high poverty schools is less than 1.0 full-time equivalent, the proration shall use the methodology in WAC 392-121-212 and shall be rounded to three decimal places.

     (((e) Principals and vice-principals shall not be eligible for additional bonuses that are based on instructional assignments in challenging, high poverty schools.))

[Statutory Authority: RCW 28A.150.290(1). 10-12-020, § 392-140-973, filed 5/21/10, effective 6/21/10; 09-07-043, § 392-140-973, filed 3/11/09, effective 4/11/09; 08-17-013, § 392-140-973, filed 8/8/08, effective 9/8/08. Statutory Authority: RCW 28A.150.290(2) and 2001 c 7 § 514(12). 02-15-023, § 392-140-973, filed 7/9/02, effective 8/9/02.]

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