WSR 16-19-080
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed September 20, 2016, 12:04 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-16-081.
Title of Rule and Other Identifying Information: Finance-Special allocations, WAC 392-140-973 Salary bonus for teachers and other certificated staff who hold current certification by the national board-Eligibility.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Policy Conference Room, 600 Washington Street S.E., Olympia, WA 98501, on October 26, 2016, at 11:00 a.m.
Date of Intended Adoption: October 28, 2016.
Submit Written Comments to: Ross Bunda, OSPI, P.O. Box 47200, Olympia, WA 98504, e-mail ross.bunda@k12.wa.us, fax (360) 664-3638, by October 26, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by October 19, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions provide updates regarding which new schools operating during their first year may qualify as challenging, high poverty schools for purposes of the national board bonus.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Ross Bunda, OSPI, (360) 725-6308; Implementation and Enforcement: T. J. Kelly, OSPI, (360) 725-6301.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact; no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. 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).
September 20, 2016
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-140-973 Salary bonus for teachers and other certificated instructional staff who hold current certification by the national board-Eligibility.
Staff that are eligible for the bonus shall be limited to those meeting the following requirements:
(1) Hold current certification by the national board for professional teaching standards during the entire school year, unless otherwise specified in the state Biennial Operating Appropriations Act; and
(2) Who are:
(a) Teachers and other certificated instructional 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 instructional 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 instructional staff employed full time or part time by the Washington school for the deaf or Washington school for the blind; or
(d) Teachers and other certificated instructional staff employed full time or part time by a charter school.
(3) In addition to bonuses provided by subsection (2) of this section, teachers and other certificated instructional staff shall be eligible for additional bonuses if in an instructional assignment in challenging, high poverty schools, subject to the following conditions and limitations:
(a) Challenging, high poverty schools are schools where, for the prior year, the student headcount enrollment eligible for the federal free or reduced price lunch program was at least:
(i) 70 percent for elementary schools;
(ii) 60 percent for middle schools; or
(iii) 50 percent for high schools; as determined by the October 1st count of the comprehensive education data and research system (CEDARS) or successor data collection and reporting systems, of the office of superintendent of public instruction, on May 1st of that prior year: Provided, That schools operating during the current school year as their first year may qualify as challenging, high poverty schools based upon current year data, as determined by the October 1st count on May 1st of the current year.
(b) For purposes of the national board challenging, high poverty schools bonus, a school shall be categorized based upon the highest grade served as follows:
(i) A school whose highest grade served is 6th grade or lower shall be considered an elementary school;
(ii) A school whose highest grade served is either 7th, 8th, or 9th grade shall be considered a middle school;
(iii) A school whose highest grade served is either 10th, 11th, or 12th grade shall be considered a high school.
(c) A school shall be considered only if it serves thirty or more students, or is the largest school in the district serving its designated category.
(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 not 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.
(f) Teachers and other certificated instructional staff that meet the qualifications for the challenging, high poverty schools bonus 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 challenging, high poverty schools bonus 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 June 15th of the 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.
