WSR 17-23-193 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed November 22, 2017, 10:35 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-19-105. Title of Rule and Other Identifying Information: Vocational indirect cost limit, chapter 392-121 WAC. Hearing Location(s): On January 9, 2018, at 1:00 p.m., at the Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Olympia, WA 98501. Date of Intended Adoption: January 12, 2018. Submit Written Comments to: T. J. Kelly, P.O. Box 47200, Olympia, WA 98504-7200, email thomas.kelly@k12.wa.us, fax 360-664-3683, by January 9, 2018. Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-753-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by January 2, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these proposed changes to chapter 392-121 WAC is to limit indirect cost charges to school district state-funded vocational secondary programs as required under the Biennial Operating Appropriations Act. The change in rules would reduce the vocational indirect rate to five percent, ensure that no district has minimum expenditures greater than its total program allocation, and ensure that districts and vocational education programs have access to the correct proportionate share of their allocation as directed in the Appropriations Act. Reasons Supporting Proposal: This proposal will align OSPI's vocational indirect cost limit rules with state statutes. Rule is not necessitated by federal law, federal or state court decision. Name of Agency Personnel Responsible for Drafting and Implementation: T. J. Kelly, Olympia, Washington, 360-725-6301; and Enforcement: Lisa Dawn-Fisher, Olympia, Washington, 360-725-6292. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Not applicable. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.030. Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2). November 22, 2017 Chris P. S. Reykdal State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-570 Vocational indirect cost limit—Applicable code provisions—Purpose—Effective date.
(1) WAC 392-121-570 through 392-121-578 define the ((fifteen)) five percent limit on indirect cost charges to school district state-funded vocational-secondary programs as required by the Biennial Operating Appropriations Act. These rules do not apply to federal vocational funding which is governed by federal policies.
(2) The purpose of these sections is to assure that state allocations for vocational education are expended by school districts and charter schools to support state vocational programs. The minimum levels defined here are not to be construed as recommended expenditure levels.
(3) These sections are effective for the ((2002-03)) 2017-18 school year and thereafter.
(4) WAC 392-121-570 through 392-121-578 also apply to program 34, with program 34 substituted wherever program 31 appears. Running start does not apply to program 34.
AMENDATORY SECTION (Amending WSR 17-01-020, filed 12/12/16, effective 12/24/16)
WAC 392-121-571 Vocational indirect cost limit—Definitions.
As used in WAC 392-121-570 through 392-121-578:
(1) "Program 31" means the high school vocational-basic-state program as defined in the Accounting Manual for Public School Districts in the State of Washington.
(2) "Program 34" means the middle school vocational-basic-state program as defined in the Accounting Manual for Public School Districts in the State of Washington.
(3) "Basic allocation for vocational students" means the amount of money generated by a school district's or charter school's vocational full-time equivalent enrollment in the general apportionment formula using the state funding formula factors including the grade 4-12 staffing ratios without enhancement, and using the district's or charter school's average certificated instructional district-wide staff mix factor ((for program 31 staff)) from the district's S-275 personnel report.
(4) "Enhancement allocation for vocational students" means the additional money above the basic allocation for vocational students generated by a school district's or charter school's vocational full-time equivalent enrollment as a result of the enhanced state vocational staffing ratio and enhanced nonemployee related cost allocation for vocational students. This enhancement shall be calculated using the ((district's)) district-wide or charter school's average certificated instructional staff mix factor ((for program 31)).
(5) "Vocational running start allocation" means the amount generated in the general apportionment formula by a school district's or charter school's running start students enrolled in vocational courses in a community or technical college pursuant to chapter 392-169 WAC.
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-573 Vocational indirect cost limit—Calculation of minimum program 31 expenditures.
Each school district's or charter school's minimum program 31 expenditures equal the sum of the following amounts:
(1) ((Eighty-five)) Ninety-five percent of the total basic and vocational enhancement allocations for vocational students;
(2) Ninety-three percent of the vocational running start allocation; plus
(3) Any carryover from the prior school year allowed under WAC 392-121-578.
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