WSR 98-16-095

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF EDUCATION

[Filed August 5, 1998, 10:39 a.m.]



Subject of Possible Rule Making: WAC 180-27-056 Funding during the period of a priority approval process order by State Board of Education.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.525.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Adopting the proposed rule change will allow the state board to release funds based on cash balance which is in line with capital budget proviso language. This allows more funds to be distributed to school districts than under the current rule.

The Objective of the Rule: The existing rule limits release of state funds for school construction to a revenue formula based on fund balance. The proposed rule amendment would allow the calculation to be based on a cash balance which would allow a higher release amount.

Whether Changes to Other Rules or Statutes Would Achieve the Same Objective: No.

How the Provisions of the Proposed Rule will be Coordinated with Other Rules in the Agency and Rules of Other State Agencies, Local Governments, and the Federal Government: Agency staff will assure that calculations of matching fund release is in accordance with capital budget conditions.

Whether the Agency has Chosen a Reasonable, Cost-Effective Manner to Achieve the Regulatory Objective: RCW 28A.525.020 cites the statutory authority allowing the State Board of Education to approve/disapprove rule changes which deal with changes in K-12 school construction. This action, along with selected agency staff directed to review and draft possible new or amended rule changes to WAC for state board approval, is the current process which is followed.

The Anticipated Environmental and Fiscal Consequences of Adopting and Not Adopting the Proposed Rule, Recognizing the Difficulty of Quantifying Some Consequences: There are no environmental consequences to this rule amendment. Adopting the proposed rule change will allow the state board to release funds based on cash balance which is in line with capital budget proviso language. This allows more funds to be distributed to school districts than under the current rule.

If a Rule Proposed in Order to Comply with Federal Law Contains Significant Differences from a Comparable Federal Rule or Standard, or if a Proposed Rule Provides Differences in Application to Public and Private Entities, Provide a Written Analysis Explaining the Nature of the Differences, Evaluating Their Consequences and Providing a Rationale for Adopting the Rule as Drafted: N/A.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Rules are coordinated with the Office of the Superintendent of Public Instruction.

Process for Developing New Rule: Early solicitation of public comments and recommendations respecting new, amended or repealed rules, and consideration of the comments and recommendations in the course of drafting rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending written comments to Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, TDD (360) 664-3631. For telephone assistance contact Larry Davis at (360) 753-6715.

August 4, 1998

Larry Davis

Executive Director

Legislature Code Reviser

Register

© Washington State Code Reviser's Office