Washington Administrative Code

The authorities for this chapter are RCW 84.52.0531(9) and 28A.150.290.(1) RCW 84.52.0531(9) authorizes the superintendent of public instruction to promulgate rules and regulations regarding the limitation of local school district excess levies otherwise known as the "Special lev…

The purposes of this chapter are to define the annual procedures that the superintendent of public instruction shall use to determine for each school district:(1) The maximum dollar amount which may be levied on its behalf for enrichment support pursuant to RCW 84.52.053 and 84.5…

This chapter applies to levy authority and local effort assistance calculations for the 2019 calendar year and thereafter. Levy authority and local effort assistance calculations for prior calendar years are governed by rules in effect as of January 1st of the calendar year.[Stat…

(1) As used in this chapter, "calendar year" means the period commencing on January 1st and ending on December 31st. Unless otherwise stated, calendar year references including numeric references (e.g., 1994) are to the calendar year for which levy authority and local effort assi…

All processes, calculations, and procedures used by the superintendent of public instruction in the administration of this chapter shall be conditioned on the following:(1) Only data collected and approved by the superintendent of public instruction shall be used.(2) All calculat…

The maximum dollar amount of any school district's certified excess levy for any given calendar year shall equal the excess levy authority established by the superintendent of public instruction as the lesser of the following:(1) The school district's maximum levy authority as ca…

No later than the third Wednesday in December of each year, each educational service district shall report to the superintendent of public instruction the certified excess levies for the next calendar for school districts in the educational service district. The report shall incl…

The superintendent of public instruction shall calculate each eligible school district's local effort assistance entitlement pursuant to chapter 28A.500 RCW.[Statutory Authority: RCW 28A.150.290 and 84.52.0531. WSR 10-19-030, § 392-139-670, filed 9/9/10, effective 10/10/10. Statu…

The superintendent of public instruction shall distribute local effort assistance moneys pursuant to the schedule provided in RCW 28A.500.040.[Statutory Authority: RCW 84.52.0531(9) and 28A.150.290. WSR 00-09-017, § 392-139-676, filed 4/11/00, effective 5/12/00. Statutory Authori…

The superintendent of public instruction shall provide notice of amounts calculated pursuant to this chapter as follows:(1) Prior to April 15th of each year, the superintendent of public instruction shall notify each school district of the results of calculations made for the sch…

At any time prior to April 15th of the current calendar year, a school district may request review of calculations made pursuant to this chapter. The request shall be in writing and shall be signed by the school district superintendent or authorized official. The superintendent o…

Within fifteen days from the date of the notice provided pursuant to WAC 392-139-900(1), any school district may submit to the superintendent of public instruction revised assessed valuation data for taxes collected in the current calendar year. Revised assessed valuation data sh…

Provisions of this chapter serve to implement and govern the finance-related administration of laws of limited duration, laws with phase-in/phase-out procedures, and/or laws requiring special one-time processes or procedures for which the superintendent of public instruction has …

The following general provisions apply to this chapter:(1) All calculations made by the superintendent of public instruction shall use the most current school district or charter school information for the school year on file with the superintendent of public instruction at the t…

Provisions of chapter 392-117 WAC, Timely reporting, apply to allocations made pursuant to this chapter. Failure of a school district or charter school to report as required may reduce or delay state apportionment payments.[Statutory Authority: RCW 28A.150.290 and 28A.710.220. WS…

As used in this chapter, "school district" means a Washington state public school district eligible to receive state basic education moneys pursuant to RCW 28A.150.250 and 28A.150.260.[Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-069, filed 1/7/…

As used in this chapter, "charter school" means a public school governed by a charter school board and operated according to the terms of a charter contract executed under chapter 28A.710 RCW and includes a new charter school and a conversion charter school.[Statutory Authority: …

As used in this chapter, "school year" means the same as defined in WAC 392-121-031. Unless otherwise stated "school year" refers to the school year for which calculations are being made pursuant to this chapter.[Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01…

As used in this chapter, "following school year" means the school year immediately after the school year for which calculations are being made pursuant to this chapter.[Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-071, filed 1/7/92, effective 2/…

As used in this chapter, "annual average full-time equivalent (FTE) students" means the same as that defined in WAC 392-121-133.[Statutory Authority: RCW 28A.150.290(1). WSR 92-03-023 (Order 92-01), § 392-140-072, filed 1/7/92, effective 2/7/92.]

As used in this chapter, "prior school year" means the school year immediately preceding the school year for which calculations are being made pursuant to this chapter.[Statutory Authority: RCW 28A.150.290 and 1995 2nd sp.s. c 18 as modified by 1996 c 283. WSR 96-19-095 (Order 96…

The provisions of WAC 392-140-600 through 392-140-685 apply to the determination of safety net awards of state special education funds and Individuals with Disabilities Education Act (IDEA) federal funds for the 2012-13 school year and thereafter. Beginning with the 2018-19 schoo…

The authority for WAC 392-140-600 through 392-140-685 is:(1) The appropriation language for special education programs in the Washington state Biennial Operating Appropriations Act; and(2) RCW 28A.150.290(1); and(3) RCW 28A.150.392.[Statutory Authority: RCW 28A.150.290. WSR 13-05…

For purposes of special education safety net awards, high need student means a student eligible for special education services whose Individualized Education Program (IEP) costs as calculated on worksheet C exceed a multiple of the statewide average per pupil expenditures (APPE) …

For the purpose of state special education safety net funding, community impact refers to local education agency identified and quantifiable factor(s) beyond the control of the local education agency which justify disproportional and extraordinary costs associated with the provis…

For the purpose of state special education safety net award, high need student described in this section means a student eligible for special education services served in residential schools as defined in RCW 28A.190.020, programs for juveniles under the department of corrections…

For the purpose of state special education safety net funding, potential capacity for funding exists when an applicant's net special education expenditures exceed total resources available demonstrating a fiscal capacity in excess of all available revenue to the applicant for spe…

(1) An individual school district of the state of Washington is eligible to apply for special education safety net awards on behalf of its resident students. Resident students include those students as defined by state law. Resident students exclude those residing in another dist…

Application for safety net awards shall be made on Form SPI 1381 - Certification published by the office of the superintendent of public instruction. Applications will be considered and awards made according to the schedule published in the annual Safety Net Bulletin.(1) Local ed…

Safety net applications shall be submitted and reviewed pursuant to the schedule of dates published by the office of the superintendent of public instruction in the annual safety net bulletin. Applications not received by the published dates and times in the bulletin will not be …

A sample of individualized education programs will be reviewed for each applying local education agency (if the local education agency has not had individualized education programs reviewed through the Washington integrated system of monitoring (WISM) process within the last two …

For applicants requesting safety net awards to meet the needs of an eligible high need student, the applicant shall convincingly demonstrate to a majority of the state oversight committee members at a minimum that:(1)(a) The reviewed individualized education program demonstrates …

For applicants requesting state safety net awards to meet the extraordinary costs associated with communities that draw a larger number of families with students in need of special education services, the applicant must meet the standards of WAC 392-140-605 (2)(a) through (h) and…

Applications for safety net funds shall demonstrate capacity for safety net awards as follows:(1) Application worksheet A shall demonstrate a fiscal capacity in excess of all available revenue to the applicant for special education, including state and federal revenue, program in…

Special education program audits by staff of the state auditor's office may be requested to assist the state safety net oversight committee. When reviewing an applicant's special education program, the auditors may review and verify any certifications and supporting information p…

Special education program review reports (as per WAC 392-172A-07010) by staff of the office of superintendent of public instruction special education division may be reviewed by the state safety net oversight committee. The results of the program review may be considered by the o…

Membership of the state oversight committee shall consist of: Staff of the office of the state auditor who shall be nonvoting, and one or more representatives from local education agencies and educational service districts who are knowledgeable of special education programs and f…

(1) The state safety net oversight committee will review applications as deemed necessary by the office of superintendent of public instruction pursuant to WAC 392-140-635.(2) All applications received by the state safety net oversight committee no later than the dates published …

The state oversight committee shall review all safety net applications.(1) An application reviewed during an application cycle may be:(a) Approved; (b) Adjusted for fiscal corrections and approved;(c) Adjusted for individualized education program noncompliance and approved, if ev…

If at any time an applicant wishes to withdraw an application submitted prior to the committee vote, the superintendent or designee of the applicant district, or lead administrator or designee of the applicant charter school, tribal compact school, Washington center for deaf and …

An applicant may request review and reconsideration of an action of the state oversight committee made pursuant to WAC 392-140-646.(1) The applicant shall make the request in writing to the oversight committee manager within twenty calendar days of the date of the state oversight…

(1) The special education safety net award for an individual applicant shall be the amount authorized by the state oversight committee.(2) Special education safety net awards for high need students under WAC 392-140-605(1) shall use federal and state funds appropriated by the leg…

Final safety net award shall be adjusted based on changes in factors for which additional or revised information becomes available after the awarding of the initial safety net award.(1) High need award and/or community impact award will be reduced or nullified when the applicant'…

High need student state and/or federal special education safety net award and state community impact safety net award shall be recovered or award reduced for the following reasons:(1) The application omits pertinent information and/or contains a falsification or misrepresentation…

The provisions of WAC 392-140-970 through 392-140-976 govern administration of the salary bonus for teachers and other certificated instructional staff who hold current certification by the national board for professional teaching standards. The authority for WAC 392-140-970 thro…

These rules determine eligibility for state funding and establish guidelines for the administration of the bonus.[Statutory Authority: RCW 28A.150.290(1) and 28A.405.415. WSR 14-04-002, § 392-140-971, filed 1/22/14, effective 2/22/14. Statutory Authority: RCW 28A.150.290(1). WSR …

As used in this chapter, "teachers and other certificated instructional staff" that are eligible for the national board bonus includes staff assigned to one of the following duties as defined in the S-275 Personnel Reporting Handbook:(1) Elementary homeroom teacher, duty root 31;…