Second Substitute House Bill 1664 - Session Law Chapter 109 Year 2022 as Recommended by Appropriations

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Section 1

The legislature recognizes that school nurses, social workers, psychologists, and school counselors are uniquely qualified to provide essential supports that address the physical, social, and emotional needs of students. As the COVID-19 pandemic continues to impact the health and well-being of students, the need for comprehensive student supports has grown beyond what is currently funded in the prototypical school model. Therefore, the legislature intends to provide increased allocations to school districts that demonstrate they have hired staff for these roles. The legislature hopes that this enhanced state funding will allow school districts to redirect local levy dollars previously spent on these positions to address learning loss resulting from the COVID-19 pandemic or to hire additional physical, social, and emotional support staff.

Section 2

This section adds a new section to an existing chapter 28A.300. Here is the modified chapter for context.

  1. By February 1, 2023, and by February 1st every odd-numbered year thereafter, the office of the superintendent of public instruction shall submit, in accordance with RCW 43.01.036, to the appropriate committees of the legislature a report analyzing the implementation of RCW 28A.150.260(5)(b), related to physical, social, and emotional support staff.

  2. For the analysis, the office of the superintendent of public instruction must use personnel data reported on or around October 1st of the report year and the prior year, and any other relevant data.

  3. Except as provided in subsection (4) of this section, the report must:

    1. Compare the staffing units provided for nurses, social workers, psychologists, counselors, classified staff providing student and staff safety, and parent involvement coordinators under RCW 28A.150.260(5) to the actual school district staffing levels for physical, social, and emotional support staff, disaggregate by school district; and

    2. Analyze trends with respect to: (i) Employed staff and contract staff; and (ii) the percentage of staff with a valid educational staff associate certificate. These trends must be disaggregated by assignment duty code, as well as analyzed year over year and by school district size and geography.

  4. For the report due February 1, 2023, the office of the superintendent of public instruction is required to complete the analysis described in subsection (3) of this section only to the extent that relevant data are available.

  5. For the purposes of this section, "physical, social, and emotional support staff" or "staff" has the same meaning as in RCW 28A.150.260(5)(b).

  6. This section expires June 30, 2030.

Section 5

This section modifies existing section 28A.400.007. Here is the modified chapter for context.

  1. In addition to the staffing units in RCW 28A.150.260, the superintendent of public instruction must provide school districts with allocations for the following staff units if and to the extent that funding is specifically appropriated and designated for that category of staffing unit in the omnibus operating appropriations act.

    1. Additional staffing units for each level of prototypical school in RCW 28A.150.260:

Elementary School

Middle School

High School

Principals, assistant principals, and other certificated building-level administrators

0.0470

0.0470

0.0200

Teacher-librarians, a function that includes information literacy, technology, and media to support school library media programs

0.3370

0.4810

0.4770

Teaching assistance, including any aspect of educational instructional services provided by classified employees

1.0640

0.3000

0.3480

Office support and other noninstructional aides

0.9880

1.1750

0.2310

Custodians

0.0430

0.0580

0.0350

Classified staff providing student and staff safety

0.0000

0.6080

1.1590

Parent involvement coordinators

0.9175

1.0000

1.0000

b. Additional certificated instructional staff units sufficient to achieve the following reductions in class size in each level of prototypical school under RCW 28A.150.260:

General education

certificated instructional

staff units sufficient to

achieve class size reduction of:

Grades K-3 class size0.00

Grade 42.00

Grades 5-62.00

Grades 7-83.53

Grades 9-123.74

CTE4.00

Skills3.00

High poverty

certificated instructional

staff units sufficient to

achieve class size reduction of:

Grades K-3 class size2.00

Grade 45.00

Grades 5-64.00

Grades 7-85.53

Grades 9-125.74

  1. The staffing units in subsection (1) of this section are an enrichment to and are beyond the state's statutory program of basic education in RCW 28A.150.220 and 28A.150.260. However, if and to the extent that any of these additional staffing units are funded by specific reference to this section in the omnibus operating appropriations act, those units become part of prototypical school funding formulas and a component of the state funding that the legislature deems necessary to support school districts in offering the statutory program of basic education under Article IX, section 1 of the state Constitution.

Section 6

This section modifies existing section 28A.150.100. Here is the modified chapter for context.

  1. For the purposes of this section and RCW 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" means all full-time equivalent classroom teachers, teacher-librarians, counselors, certificated student health services staff, and other certificated instructional staff in the following programs as defined for statewide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general supportive services.

  2. Each school district shall maintain a ratio of at least 46 basic education certificated instructional staff to 1,000 annual average full-time equivalent students. This requirement does not apply to that portion of a district's annual average full-time equivalent enrollment that is enrolled in alternative learning experience courses as defined in RCW 28A.232.010.

Section 7

This section modifies existing section 28A.150.410. Here is the modified chapter for context.

  1. Through the 2017-18 school year, the legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260. For the purposes of this section, the staff allocations for classroom teachers, teacher-librarians, counselors, and student health services staff under RCW 28A.150.260 are considered allocations for certificated instructional staff.

  2. Through the 2017-18 school year, salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district's average salary for certificated instructional staff, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act.

  3. Through the 2017-18 school year, no more than 90 college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless:

    1. The employee has a master's degree; or

    2. The credits were used in generating state salary allocations before January 1, 1992.

  4. Beginning in the 2007-08 school year and through the 2017-18 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter, up to a limit of two years of nonschool service. Nonschool years of service included in calculations under this subsection shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits.

  5. By the 2018-19 school year, the minimum state allocation for salaries for certificated instructional staff in the basic education program must be increased to provide a statewide average allocation of $64,000 adjusted for inflation from the 2017-18 school year.

  6. By the 2018-19 school year, the minimum state allocation for salaries for certificated administrative staff in the basic education program must be increased to provide a statewide average allocation of $95,000 adjusted for inflation from the 2017-18 school year.

  7. By the 2018-19 school year, the minimum state allocation for salaries for classified staff in the basic education program must be increased to provide a statewide average allocation of $45,912 adjusted by inflation from the 2017-18 school year.

  8. For school year 2018-19, a district's minimum state allocation for salaries is the greater of the district's 2017-18 state salary allocation, adjusted for inflation, or the district's allocation based on the state salary level specified in subsections (5) through (7) of this section, and as further specified in the omnibus appropriations act.

  9. Beginning with the 2018-19 school year, state allocations for salaries for certificated instructional staff, certificated administrative staff, and classified staff must be adjusted for regional differences in the cost of hiring staff. Adjustments for regional differences must be specified in the omnibus appropriations act for each school year through at least school year 2022-23. For school years 2018-19 through school year 2022-23, the school district regionalization factors are based on the median single-family residential value of each school district and proximate school district median single-family residential value as described in RCW 28A.150.412.

  10. Beginning with the 2023-24 school year and every four years thereafter, the minimum state salary allocations and school district regionalization factors for certificated instructional staff, certificated administrative staff, and classified staff must be reviewed and rebased, as provided under RCW 28A.150.412, to ensure that state salary allocations continue to align with staffing costs for the state's program of basic education.

  11. For the purposes of this section, "inflation" has the meaning provided in RCW 28A.400.205 for "inflationary adjustment index."

Section 11

If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2022, in the omnibus appropriations act, this act is null and void.


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