RCW 28A.150.260
Annual basic education allocation of funds according to average FTE student enrollment -- Procedure to determine distribution formula -- Submittal to legislature -- Enrollment, FTE student, certificated and classified staff, defined. (Effective until September 1, 2011.)

The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:

аааа (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:

аааа (a) Certificated instructional staff and their related costs;

аааа (b) Certificated administrative staff and their related costs;

аааа (c) Classified staff and their related costs;

аааа (d) Nonsalary costs;

аааа (e) Extraordinary costs, including school facilities, of remote and necessary schools as judged by the superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, and small high schools, including costs of additional certificated and classified staff; and

аааа (f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

аааа (2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.

аааа (b) The formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty-nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

аааа (c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.150.220 and 28A.150.100. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.150.350, enrolled on the first school day of each month and shall exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The definition of full time equivalent student shall be determined by rules of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.

аааа (3)(a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such classified people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute.

аааа (b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

[2006 c 263 з 322; 1997 c 13 з 2; (1997 c 13 з 1 and 1995 c 77 з 2 expired September 1, 2000); 1995 c 77 з 3; 1992 c 141 з 507; 1992 c 141 з 303; 1991 c 116 з 10; 1990 c 33 з 108; 1987 1st ex.s. c 2 з 202; 1985 c 349 з 5; 1983 c 229 з 1; 1979 ex.s. c 250 з 3; 1979 c 151 з 12; 1977 ex.s. c 359 з 5; 1969 ex.s. c 244 з 14. Prior: 1969 ex.s. c 217 з 3; 1969 c 130 з 7; 1969 ex.s. c 223 з 28A.41.140; prior: 1965 ex.s. c 154 з 3. Formerly RCW 28A.41.140, 28.41.140.]

NOTES:

Findings -- Purpose -- Part headings not law -- 2006 c 263: See notes following RCW 28A.150.230.

Contingent effective date -- 1997 c 13 з 2: "Section 2 of this act shall take effect September 1, 2000. However, section 2 of this act shall not take effect if, by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place." [1997 c 13 з 15.] That law was not enacted by September 1, 2000.

Contingent effective date -- 1995 c 77 з 3: "Section 3 of this act shall take effect September 1, 2000. However, section 3 of this act shall not take effect if, by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place." [1995 c 77 з 33.] That law was not enacted by September 1, 2000.

Contingent effective date -- 1992 c 141 зз 502-504, 506, and 507: See note following RCW 28A.150.205.

Findings -- Part headings -- Severability -- 1992 c 141: See notes following RCW 28A.410.040.

Intent -- Severability -- Effective date -- 1987 1st ex.s. c 2:See notes following RCW 84.52.0531.

Severability -- 1985 c 349: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 349 з 9.]

Effective date -- Severability -- 1979 ex.s. c 250: See notes following RCW 28A.150.220.

Effective date -- Severability -- 1977 ex.s. c 359: See notes following RCW 28A.150.200.

Basic Education Act, RCW 28A.150.260 as part of: RCW 28A.150.200.

Distribution of forest reserve funds -- As affects basic education allocation: RCW 28A.520.020.

RCW 28A.150.260
Allocation of state funding to support instructional program of basic education -- Distribution formula -- Prototypical schools -- Enhancements and adjustments -- Review and approval -- Enrollment calculation. (Effective September 1, 2011.)

The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:

аааа (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district.

аааа (2) The distribution formula under this section shall be for allocation purposes only. Except as may be required under chapter 28A.165, 28A.180, or 28A.155 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.

аааа (3)(a) To the extent the technical details of the formula have been adopted by the legislature, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.

аааа (b) For the purposes of this section, prototypical schools are defined as follows:

аааа (i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;

аааа (ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and

аааа (iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.

аааа (c) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on an average class size as specified in the omnibus appropriations act. The omnibus appropriations act shall at a minimum specify:

аааа (i) Basic average class size;

аааа (ii) Basic average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals;

аааа (iii) Average class size for exploratory and preparatory career and technical education, laboratory science, advanced placement, and international baccalaureate courses; and

аааа (iv) Average class size in grades kindergarten through three.

аааа (d) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:

аааа (i) Principals, including assistant principals, and other certificated building-level administrators;

аааа (ii) Teacher librarians, performing functions including information literacy, technology, and media to support school library media programs;

аааа (iii) Student health services, a function that includes school nurses, whether certificated instructional or classified employee, and social workers;

аааа (iv) Guidance counselors, performing functions including parent outreach and graduation advisor;

аааа (v) Professional development coaches;

аааа (vi) Teaching assistance, which includes any aspect of educational instructional services provided by classified employees;

аааа (vii) Office support, technology support, and other noninstructional aides;

аааа (viii) Custodians, warehouse, maintenance, laborer, and professional and technical education support employees; and

аааа (ix) Classified staff providing student and staff safety.

аааа (4)(a) The minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs: Student technology; utilities; curriculum, textbooks, library materials, and instructional supplies; instructional professional development for both certificated and classified staff; other building-level costs including maintenance, custodial, and security; and central office administration.

аааа (b) The annual average full-time equivalent student amounts in (a) of this subsection shall be enhanced based on full-time equivalent student enrollment in exploratory career and technical education courses for students in grades seven through twelve; laboratory science courses for students in grades nine through twelve; preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.

аааа (5) The allocations provided under subsections (3) and (4) of this section shall be enhanced as follows to provide additional allocations for classroom teachers and maintenance, supplies, and operating costs:

аааа (a) To provide supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the percent of students in each school who are eligible for free and reduced-price meals. The minimum allocation for the learning assistance program shall provide an extended school day and extended school year for each level of prototypical school and a per student allocation for maintenance, supplies, and operating costs.

аааа (b) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide for supplemental instruction based on percent of the school day a student is assumed to receive supplemental instruction and a per student allocation for maintenance, supplies, and operating costs.

аааа (6) The allocations provided under subsections (3) and (4) of this section shall be enhanced to provide additional allocations to support programs for highly capable students under RCW 28A.185.010 through 28A.185.030, based on two and three hundred fourteen one-thousandths percent of each school district's full-time equivalent enrollment. The minimum allocation for the programs shall provide an extended school day and extended school year for each level of prototypical school and a per student allocation for maintenance, supplies, and operating costs.

аааа (7) The allocations under subsections (3)(b), (c)(i), and (d), (4), and (8) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities.

аааа (8) The distribution formula shall include allocations to school districts to support certificated and classified staffing of central office administration. The minimum allocation shall be calculated as a percentage, identified in the omnibus appropriations act, of the total allocations for staff under subsections (3) and (6) of this section for all schools in the district.

аааа (9)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (3) and (5) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students.

аааа (b) Allocations or enhancements provided under subsections (3) and (4) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW.

аааа (10)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature.

аааа (b) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect.

аааа (c) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the first school day of each month, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction and shall be included as part of the superintendent's biennial budget request. The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220. Any revision of the present definition shall not take effect until approved by the house ways and means committee and the senate ways and means committee.

аааа (d) The office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050.

[2009 c 548 з 106; 2006 c 263 з 322; 1997 c 13 з 2; (1997 c 13 з 1 and 1995 c 77 з 2 expired September 1, 2000); 1995 c 77 з 3; 1992 c 141 з 507; 1992 c 141 з 303; 1991 c 116 з 10; 1990 c 33 з 108; 1987 1st ex.s. c 2 з 202; 1985 c 349 з 5; 1983 c 229 з 1; 1979 ex.s. c 250 з 3; 1979 c 151 з 12; 1977 ex.s. c 359 з 5; 1969 ex.s. c 244 з 14. Prior: 1969 ex.s. c 217 з 3; 1969 c 130 з 7; 1969 ex.s. c 223 з 28A.41.140; prior: 1965 ex.s. c 154 з 3. Formerly RCW 28A.41.140, 28.41.140.]

NOTES:

Effective date -- 2009 c 548 зз 101-110 and 701-710: See note following RCW 28A.150.200.

Intent -- Implementation schedule -- 2009 c 548: "(1) The legislature intends to continue to redefine the instructional program of education under RCW 28A.150.220 that fulfills the obligations and requirements of Article IX of the state Constitution. The funding formulas under RCW 28A.150.260 to support the instructional program shall be implemented to the extent the technical details of the formula have been established and according to an implementation schedule to be adopted by the legislature. The object of the schedule is to assure that any increases in funding allocations are timely, predictable, and occur concurrently with any increases in program or instructional requirements. It is the intent of the legislature that no increased programmatic or instructional expectations be imposed upon schools or school districts without an accompanying increase in resources as necessary to support those increased expectations.

аааа (2) The office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to:

аааа (a) Develop the details of the funding formulas under RCW 28A.150.260;

аааа (b) Recommend to the legislature an implementation schedule for phasing-in any increased program or instructional requirements concurrently with increases in funding for adoption by the legislature; and

аааа (c) Examine possible sources of revenue to support increases in funding allocations and present options to the legislature and the quality education council created in section 114 of this act for consideration.

аааа (3) The working group shall include representatives of the legislative evaluation and accountability program committee, school district and educational service district financial managers, the Washington association of school business officers, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with expertise in education finance. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

аааа (4) The working group shall be monitored and overseen by the legislature and the quality education council established in section 114 of this act. The working group shall submit its recommendations to the legislature by December 1, 2009." [2009 c 548 з 112.]

Intent -- 2009 c 548: See note following RCW 28A.150.198.

Finding -- 2009 c 548: See note following RCW 28A.410.270.

Intent -- Finding -- 2009 c 548: See note following RCW 28A.305.130.