16-03-077  

  • WSR 16-03-077
    PROPOSED RULES
    SUPERINTENDENT OF
    PUBLIC INSTRUCTION
    [Filed January 20, 2016, 9:24 a.m.]
    Original Notice.
    Preproposal statement of inquiry was filed as WSR 15-23-112.
    Title of Rule and Other Identifying Information: Amending WAC 392-140-915 High poverty funding-Process and definition of eligible schools, 392-140-923 K-3 Class size-Enrollment and 392-140-932 K-3 Class size-Teachers; new sections WAC 392-140-916 K-3 class size funding, 392-140-934 K-3 class size-Supplemental FTE teachers, 392-140-937 K-3 demonstrated class size-High poverty schools, 392-140-939 K-3 demonstrated class size-Nonhigh poverty schools, 392-140-942 Weighted average class size-High poverty schools, and 392-140-945 Weighted average class size-Nonhigh poverty schools.
    Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Brouillet Conference Room, 600 South Washington, Olympia, WA 98504-7200, on March 2, 2016, at 10:00 a.m.
    Date of Intended Adoption: March 4, 2016.
    Submit Written Comments to: T. J. Kelly, Director, OSPI, School Apportionment and Financial Services, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Thomas.kelly@k12.wa.us, fax (360) 664-3683, by March 2, 2016.
    Assistance for Persons with Disabilities: Contact Kristin Murphy by February 24, 2016, TTY (360) 664-3631 or (360) 725-6133.
    Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2015-2017 Biennial Appropriations Act made the allocation to school districts intended to provide K-3 teachers in both poverty and nonhigh poverty schools contingent on class size compliance. These rules define how the class size compliance calculations will work.
    Reasons Supporting Proposal: The proposed amendments are required to ensure that districts receive an allocation for K-3 teachers in accordance with state law as prescribed in RCW.
    Statutory Authority for Adoption: RCW 28A.150.290.
    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: JoLynn Berge, Olympia, Washington, (360) 725-6292.
    No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
    A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
    January 19, 2016
    Randy Dorn
    State Superintendent
    AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
    WAC 392-140-915 High poverty funding-Process and definition of eligible schools.
    For the purposes of this section, an eligible school is a school administered by a public school district board or a public charter school board in which the free and reduced priced lunch percentage for students in grades K-6 exceeds fifty percent within the school building. Schools administered by school districts that are part of a district that receives any type of K-6 small school funding or the school does not receive remote and necessary funding are not eligible schools under this section. If a school is determined to be eligible, the K-3 full-time equivalent enrollment as reported to the office of superintendent of public instruction on the P-223 will be used to generate funding at an enhanced class size as determined by the legislature, subject to funding provided in the Omnibus Appropriations Act.
    CEDARS data as of October of the previous school year will be used to determine school eligibility. A CEDARS extract of October 1st data will be pulled on March 31st to be used as the basis for K-3 high poverty funding eligibility for the subsequent school year. The list of eligible schools will be published by mid April. No changes to CEDARS data made after March 31st will be considered, and appeals will not be allowed.
    Funding of K-3 high poverty schools will be based upon budgeted K-3 enrollment in eligible high poverty schools as stated in a district's or charter school's F-203 from September through December. Funding based on average annual full-time equivalent enrollment reported in final approved eligible schools will begin in January and continue through August. Districts and charter schools must meet the legislative compliance requirements of the K-1 high poverty funding in order to retain the full allotment.
    NEW SECTION
    WAC 392-140-916 K-3 class size funding.
    Elementary teacher allocations based on the prototypical schools formula provided in RCW 28A.150.260 and the Omnibus Appropriations Act for grades K-3 at nonhigh poverty and high poverty schools will be based upon budgeted K-3 enrollment at both nonhigh poverty and high poverty schools as stated in the district's F-203 revenue estimate from September through December for the year budgeted. Districts will also input their estimated K-3 and K-3 high poverty weighted average class size for purposes of funding from September through December. K-3 enrollment will not include student full-time equivalent (FTE) enrolled in alternative learning experience programs. Funding based on actual average annual FTE enrollment reported in the P-223 will begin in January and will continue through August. Districts must meet the legislative compliance requirements of both K-3 and K-3 high poverty class size funding in order to generate the full allotment.
    AMENDATORY SECTION (Amending WSR 14-12-004, filed 5/21/14, effective 6/21/14)
    WAC 392-140-923 ((K-1 high poverty)) K-3 class size-Enrollment.
    ((School level enrollment by grade at each of the high poverty eligible schools will be considered from the current school year October 1 CEDARS data inclusive of changes through the enrollment count day in January, March, and June.)) Grade level K-3 high poverty and nonhigh poverty enrollment from a district's P-223 reporting will be considered in the compliance calculations for the months of January, March, and June. All students in ALE programs will be excluded from the compliance calculation. ((First grade and full day kindergarten students will be considered a 1.0 FTE, while half day kindergartners will be considered a 0.5 FTE.))
    AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
    WAC 392-140-932 ((K-1 high poverty)) K-3 class size-Teachers.
    The superintendent of public instruction shall include in the calculation of high poverty class size compliance those teachers reported on the S-275 at the eligible schools that are coded in programs 01 and 79 to grade group K ((or)), 1, 2, or 3, and are reported in one of the following duty roots:
    . Duty Root 31 - Elementary homeroom teacher;
    . Duty Root 33 - Other teacher;
    . Duty Root 34 - Elementary specialist teacher;
    . Duty Root 52 - Substitute teacher;
    . Duty Root 63 - Contractor teacher.
    S-275 data as of the published apportionment cutoff dates in January, March, and June will be considered in the calculation.
    Program 21 special education teachers coded to grade K ((or 1 at the eligible schools)), 1, 2, or 3 multiplied by the annual percentage of students in special education instruction used in determination of a district's or charter school's 3121 revenue will be included.
    Teachers coded to program 02 alternative learning experience shall be excluded.
    NEW SECTION
    WAC 392-140-934 K-3 class size-Supplemental FTE teachers.
    As used in this chapter, "supplemental full-time equivalent teachers" means the net change in full-time equivalent teachers after October 1st of the school year not reflected in report S-275. Teachers, for the purpose of this section, are defined in WAC 392-140-932. Supplemental full-time equivalent teachers are determined as follows:
    (1) Determine the teacher FTE that would be reported for each employee for the school year on report S-275 if the current data were submitted for the October 1st snapshot as required in the S-275 instructions and subtract the teacher FTE as of October 1st actually reported for the employee on the school district's most current report S-275.
    (2) Include decreases as well as increases in staff after October 1st and not reflected in report S-275. Decreases include terminations, retirements, unpaid leave, and reassignment of staff.
    Supplemental teacher FTE must be reported to the office of superintendent of public instruction prior to the published S-275 apportionment cutoff dates in January, March, and June to be considered. Supplemental teacher FTE must be reported by individual grade level K, 1, 2, and 3, as well as separately for nonhigh poverty and high poverty schools.
    NEW SECTION
    WAC 392-140-937 K-3 demonstrated class size-High poverty schools.
    Demonstrated class size across all high poverty eligible schools will be calculated by dividing the total teachers and supplemental teacher FTE for the individual grade levels of K, 1, 2, or 3, as described in WAC 392-140-932 into the calculated combined total enrollment across all high poverty schools in the individual grade levels of K, 1, 2, or 3.
    NEW SECTION
    WAC 392-140-939 K-3 demonstrated class size-Nonhigh poverty schools.
    Demonstrated class size across all nonhigh poverty eligible schools will be calculated by dividing the total teachers and supplemental teacher FTE for the individual grade levels of K, 1, 2, or 3, as described in WAC 392-140-932 into the calculated combined total enrollment across all nonhigh poverty schools in the individual grade levels of K, 1, 2, or 3.
    NEW SECTION
    WAC 392-140-942 Weighted average class size-High poverty schools.
    A K-3 high poverty weighted average class size will be calculated by first multiplying the high poverty enrollment in each of the grades K, 1, 2, or 3 by the demonstrated class size for each respective grade as defined in WAC 392-140-937. The result of those four separate calculations by grade will be summed, and the total will be divided by total K-3 high poverty enrollment as described in WAC 392-140-923, which will result in K-3 high poverty weighted average class size.
    A K-3 high poverty max funded class size enhancement will be calculated first by taking the high poverty enrollment in each of grades K, 1, 2, or 3 by the class sizes provided in the Omnibus Appropriations Act. The result of those four separate calculations by grade will be summed, and that total will be divided by the total K-3 high poverty enrollment as described in WAC 392-140-923, which will result in the K-3 high poverty max funded class size enhancement for a specific district.
    Districts will generate apportionment funding based on the greater of the K-3 high poverty weighted average class size or the K-3 high poverty max funded class size enhancement. For the months of September through December, districts will generate K-3 high poverty apportionment funding based on the class size input into their F-203 revenue estimate. Beginning in January the results of the most recent compliance calculation will be utilized for apportionment purposes through the end of the school year.
    NEW SECTION
    WAC 392-140-945 Weighted average class size-Nonhigh poverty schools.
    A K-3 nonhigh poverty weighted average class size will be calculated by first multiplying the nonhigh poverty enrollment in each of the grades K, 1, 2, or 3 by the demonstrated class size for each respective grade as defined in WAC 392-140-937. The result of those four separate calculations by grade will be summed, and the total will be divided by total K-3 nonhigh poverty enrollment as described in WAC 392-140-923, which will result in K-3 nonhigh poverty weighted average class size.
    A K-3 nonhigh poverty max funded class size enhancement will be calculated first by taking the nonhigh poverty enrollment in each of grades K, 1, 2, or 3 by the class sizes provided in the Omnibus Appropriations Act. The result of those four separate calculations by grade will be summed, and that total will be divided by the total K-3 nonhigh poverty enrollment as described in WAC 392-140-923, which will result in the K-3 nonhigh poverty max funded class size enhancement for a specific district.
    Districts will generate apportionment funding based on the greater of the K-3 nonhigh poverty weighted average class size or the K-3 nonhigh poverty max funded class size enhancement. For the months of September through December, districts will generate K-3 nonhigh poverty apportionment funding based on the class size input into their F-203 revenue estimate. Beginning in January the results of the most recent compliance calculation will be utilized for apportionment purposes through the end of the school year.
    REPEALER
    The following sections of the Washington Administrative Code are repealed:
    WAC 392-140-921
    K-1 high poverty class size compliance.
    WAC 392-140-933
    K-1 demonstrated class size.